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David M. Adler Articles

Written by: David M. Adler

Social Media Legal Risks: Seven Ways to Maintain Social Media Marketing Legal Compliance - Click To Read Article
In October 2009, the Federal Trade Commission released it's updated "FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising." The purpose of the update was to address the increasing use of endorsements by consumers, experts, organizations and celebrities in online marketing. The update is particularly relevant to the explosive growth of social media as a marketing tool.

Failure to Prosecute Infringers Will LEad to Loss of Trademark Rights - Click To Read Article
Generally speaking, trademark rights in the United States arise in the context of use. Use or acts by others which evidence non-use jeopardize those rights and are legally analyzed as “abandonment.” An “abandoned” mark has fallen into the public domain and is free for adoption and use by others. Abandonment can take various forms. This article discusses the failure to prosecute infringers.

Fan Art: Does Creating Artwork of a Celebrity Violate The Right of Publicity? - Click To Read Article
“Fan art” is artwork that is based on a celebrity, character or story that was created by a Fan of that celebrity, character or story. While it often applies to art done by fans of characters from books, it also refers to art created in visual media such as collages, films sculptures or video games. In addition to traditional art media (e.g. paintings and drawings), fan art may also be incorporated into web banners, avatars, or web-based animations, as well as, posters, and artistic representations of celebrities.

Private Equity Lessons for the Startup or Entrepreneurial Company - Click To Read Article
The November issue of the Harvard Business Review poses a tough question to the management of public companies: “What If Private Equity Sized Up Your Business?” The question comes on the heals of recent revelations that public companies are facing increased scrutiny by Private Equity funds both favorably as, for example, an acquisition target or adversely, as a mismanaged and underperforming asset in need of reform. The article goes on to identify five trends that develop when Private equity gets involved. The purpose of this article is to highlight the premises upon which these five trends are based. Understanding this premise will lend valuable insight and strategic fodder for Start-up or Entrepreneurial companies as well as seasoned businesses.

Checklist of Provisions for an LLC Operating Agreement - Click To Read Article
This outline presents 20 areas of LLC ownership, operation and management that should be addressed in the operating agreement.

Addressing The Risks of Doing Business Online - Click To Read Article
In order to properly assess the risks of certain business activities online, it is useful to break ecommerce down to six basic business objectives: Advertising, Indirect Sales, Online Delivery, Online Sales combined with payment processing and traditional delivery, Online Sales combined with payment processing and Online Delivery and lastly Dialogue or Interactive Services. This article, part 1 of 2 will examine the issues surrounding the first two business objectives, Advertising and Indirect Sales.

Copyright Basics - Click To Read Article
What is Copyright and what does it protect?

Lawyers Top 10 Tricks for Managing IP - Click To Read Article
Managing a firm’s intellectual property (patents, trademarks & copyrights) can be made easier by following some simple time-saving techniques.

BEWARE OF NOTICES REGARDING YOUR TRADEMARKS - Click To Read Article
Filing an application for U.S. trademark registration makes certain information publicly available in the U.S. Trademark Office records. Several companies have been scraping these records and generating “official looking” notices and even invoices to unsuspecting companies. These notices that appear confusingly similar to governmental agency communications will direct you to pay fees for registration, for monitoring for applications similar to yours and for filing with domestic or international lists, directories, etc

Types of legal (business) structures - Click To Read Article
This article provides an overview of the four basic types of business structures.

Form Content & Distribution License Agreement - Click To Read Article
This is a free content and distribution license agreement that addresses issues of intellectual property development and transfer you can use for your business.

TRADEMARKS IN CYBERSPACE - Click To Read Article
Trademarks and Service marks - definition, why important, how obtained (common law vs. federal registration), protection; domain names - relationship to trademarks, securing and protecting.

Technology Contracts – How to Address Development, Protection and Licensing - Click To Read Article
Rapid growth in the computer technology sectors, specifically Internet and related software and network technologies, have presented an increasingly complex set of issues for business owners and their lawyers. Negotiating appropriate contractual protection is a key practice used by successful companies to maximize the potential value of the transaction while minimizing its inherent costs and risks. What is “appropriate” for any given set of circumstances will depend on the interplay of the company’s strategic vision, the tactical allocation of resources and operational issues encountered. This article addresses procedures for dealing with issues that arise in defining the scope of an Agreement

Start-up Financing & Equity: What is Dilution? - Click To Read Article
Equity dilution reapportions a stockholder’s percentage of equity (stock) in a company. Here’s a scenario to demonstrate how equity dilution works.





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