Make America [Insert Adjective Here] Again! Why Trademarking Someone Else’s Popular Phrase and the Mad Dash to the USPTO is Trivial

May 29, 2018

Josh Greenberg

Fake news. Covfefe. Make America Great Again. These are phrases and words that are a big part of our current culture and seem like opportunities to make some big money if monetized. But before you spend your energy, and...

Forms of Communication Subject to Regulation & ICO Marketing Collateral

May 1, 2018

Mary Payton O'Hara

ICOs have become a dominant topic of discussion both within the blockchain community and among securities attorneys and regulators. The US Securities and Exchange Commission (SEC) views an ICO as an offering of securities if it meets all of...

Why Malta? ICOs and the Application of Extraterritorial SEC Regulations

April 27, 2018

Steve Masur

Ever since the United States Securities and Exchange Commission (SEC) , and other government organizations started to clamp down in earnest on initial coin offerings (ICOs), companies planning their ICOs have been running away from the United States in...

U.S. Regulators & Your Cryptocurrency: State Money Transmission Laws

April 20, 2018

Rob Griffitts

In part one of this series, I provided an overview of the US regulatory landscape that impacts cryptocurrency businesses.  This article resumes the topic and focuses on state money transmission laws. State money transmission laws present stifling hurdles to...

Spotify, a $1.6 Billion Dollar Lawsuit and Music Licensing Laws in the Digital Age

March 29, 2018

Josh Greenberg

On December 29, 2017, Wixen Music Publishing, Inc. filed a $1.6 billion lawsuit against Spotify USA Inc. The complaint alleges that Spotify willfully infringed copyrights in thousands of songs, including songs from artists Tom Petty, Neil Young, and The...

Anthony Mattana, Founder and CEO of Hooke Audio Discusses Innovation in Sound Recording

March 26, 2018

MGA

Driven entrepreneurs with a great idea can have the power to change the world. In this series from MGA, we interview founders and CEOs with great ideas that are making a difference by launching innovative products and services that...

The SEC, CFTC and Possible Future Of Utility Tokens

March 7, 2018

Steve Masur

A lot of people have been asking us what may happen with regards to regulation of ICOs in the United States. The U.S. Securities and Exchange Commission’s regulatory action against Munchee, Inc.’s ICO, coupled with the recent U.S. Senate Committee...

Why Independent Contractor vs. Employee Status Matters

February 7, 2018

Josh Greenberg

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...

E.U. General Data Protection Regulation Looms for American Multinational Businesses

January 31, 2018

Josh Greenberg

If you do business in Europe, a new landmark European Union data protection law may have a huge impact on how you may collect and store personal information from their E.U. clients and customers. The General Data Protection Regulation...

The Chuck E. Cheese Test for Whether a Token is a Security

January 18, 2018

Steve Masur

Cryptocurrency markets are still nascent, and most people are still trying to work out how they will develop, and how blockchain can be applied to the wider variety of business cases. There is not much guidance from the government,...

Cryptocurrency, the Howey Test, and Munchee’s Guidance on How to Apply it

January 10, 2018

Steve Masur

Corporate and securities lawyers utilize the Howey test to determine whether a transaction is an “investment contract,” or more simply whether it involves offering a security, and therefore is subject to certain reporting and disclosure requirements. A transaction will...

US Regulators & Your Cryptocurrency: It’s Complicated

December 22, 2017

Rob Griffitts

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...