Lawtalk is a collection of essays and observations on the intersection of business, technology, entrepreneurship and the law.

Why Independent Contractor vs. Employee Status Matters

Among the various questions that employers face is whether to classify certain personnel as independent contractors rather than as employees. Many new entrepreneurs will rely on the advice of colleagues and friends who will encourage categorizing new hires as independent contractors to avoid paying employment taxes and providing benefits, which isn’t always bad advice, but […]

US Regulators & Your Cryptocurrency: It’s Complicated

US Regulators & Your Cryptocurrency: It’s Complicated   This is the first in a series of posts in which I’ll examine the US regulations that impact cryptocurrency businesses. Many describe bitcoin and other cryptocurrencies as being unregulated.  As a blanket statement, this is not true. What is true is that regulators so far have provided […]

Year-End Maintenance for a Healthy Business

MG+

The end of another year presents an opportunity for you to take stock of how your business has developed, and to think carefully about whether you have kept pace with your legal needs. MG+ encourages you to consider the following so that your business remains on track as you enter the new year. Corporate Pay […]

Protecting Yourself from Copyright Infringement with the DMCA Safe Harbor

The Digital Millennium Copyright Act, 17 U.S.C. § 512, (“DMCA”) provides Internet communications service providers, including website operators, with immunity from copyright infringement liability for, among other things, infringing material posted on its sites by its users, provided the online service provider implements a procedure that allows copyright holders to report alleged infringement of its […]

The Pitfall of Trademark Genericide: When Household Names and Brands Collide

Escalator. Heroin. Dry Ice. Teleprompter. Laundromat. Each of these words or phrases were originally coined as trademarks, though have since lost their distinctive nature and exclusivity as they slowly became part of the American lexicon in the years since their introduction. They’ve fallen victim to genericide. “Genericide” occurs when a once-distinctive trademark becomes the commonly used and […]