Archive for the ‘Legal Issues’ Category

FTC issues a nationwide ban on noncompetes

Following the trend of many states that have severely limited or prohibited employee noncompetes, the FTC announced in April a final rule prohibiting noncompete provisions in agreements with workers. The FTC rule, which will become effective on September 4, 2024 (assuming it withstands legal challenges) will, if nothing else, bring uniformity and clarity to the […]

[Updated] Compliance Alert: the Corporate Transparency Act

See update #1 below You may have already heard of the Corporate Transparency Act (CTA). It is a new federal law requiring most businesses to register with the Financial Crimes Enforcement Network (FinCEN). Congress designed the CTA to combat money laundering and enhance corporate accountability. This post will provide an overview of how to comply […]

The questionable use of Terms of Use

Are your terms of use enforceable? In the olden days, customers signed agreements using quill and ink; for many, a handshake sufficed. These days, customers purchase many services and goods online. How do customers give their consent to the terms of their purchases in cyberspace [cue eerie music]? Most of our startup clients require their […]

Updates to Crowdfunding

Fundraising is essential for many startups, but the types of fundraising methods are limited. The traditional methods are bootstrapping, convertible notes, simple agreements for future-equity (SAFEs), and priced equity rounds. We have guided many founders through fundraising. Equity crowdfunding is a newer option. Crowdfunding is meant to allow founders to accept small investments from a […]

This is why no one who values their privacy should be using an Android device

One of my legal newsletters today included the following blurb, crediting TechRadar: TikTok enabled its Android app version to collect millions of users’ unique identifiers for at least 15 months that could be used for ad tracking, which violates Google’s privacy rules, according to a Wall Street Journal investigation. A TikTok spokesperson said, “The current […]

The risks of biometrics non-compliance

Most companies are aware of issues concerning how they use and handle “personally identifiable information” (PII) of their customers. In general, web-based businesses (which is to say, nearly all businesses) disclose their uses of PII with some specificity in their privacy policies and terms of use (goodcounsel is often called up to draft these for […]

Websites as places of public accommodation

Clients frequently ask goodcounsel to draft online Terms of Use and Privacy Policies. What they often fail to consider is whether the Americans with Disabilities Act applies to their websites and mobile apps. Yes, you read that correctly: the Americans with Disabilities Act. Whether the ADA applies depends on the state(s) the company operates in, […]

Paying attention to the dispute resolution clause

Last updated June 25, 2024 goodcounsel, in its typical role of general counsel to our early-stage clients, is heavily involved in contract drafting and negotiation. In this post we’d like to address the sometimes neglected “dispute resolution” provision that is often in the boilerplate at the end of contracts. (You know, that legal mumbo-jumbo you […]

Some initial thoughts about blockchain and the law

For those who have not yet encountered this particular creature: blockchain is a distributed online ledger of transactions made possible by internet protocols and strong cryptography. It is best known for being the ledger system for transactions in Bitcoin, the most widely used cryptocurrency, but blockchain is beginning to enjoy wider visibility as the number of applications that incorporate it – […]