The law on the creation, operation and duration of limited liability companies (LLC) has been changing over the years. Originally, LLCs were treated much like partnerships. This was because their status was unclear and practically everybody wanted partnership tax treatment of the entity; i.e., the entity did not pay any taxes; the owners did. In the 1990s, the Internal Revenue Service changed the rules so that the default tax treatment for LLCs was as partnerships. This allowed much more flexibility for the operation of the laws governing LLCs.

In fact, the LLC statutory norm now is perpetual existence, just like corporations. Corporate law dissolution...

Registering & Maintaining a Trademark Registration Requires Proving Use

Brand protection in the internet wage

Benefit Corporations modify general corporation law by allowing purposes other than maximizing stockholder welfare.

Locking in intellectual property (IP) assets in infrastructure projects are is critical to project financing.

Those who have lived through mergers understand they are an intensive period of highly focused and compressed effort for both the acquiring and the acquired company, and their teams.  From the first confidentiality agreement through closing, a period often lasting months, a long list of due diligence and action items is constantly studied and checked off while additional items are added.

As the days tick down, it is easy to miss critical issues. One area that has traditionally received less than full attention is cyber risk. This is risky because any problem often rolls out after the deal closes. The problem could be a missed warning, a careless sharing...

Biometric identification systems are rapidly increasing in use advances in sensors, readers and software make physical features easily measurable. Biometrics are measurements of a person’s physical being. Fingerprints, retinal or iris scans, hand geometry, facial recognition, gait analysis, voiceprint reading, and keystroke analysis are all simple biometric ways to identify a person.

Considering accuracy and ease of use, it should be no surprise that commercial biometrics use has exploded. Biometric data is being put into validation methods for may uses.

Banks regularly use voiceprint to authenticate account holders when they call customer service lines....

Every time you visit a website, use a social media account or buy a pair of shoes, you bind yourself to online contract terms. Courts routinely uphold them when a website user is required to click an “I agree” button and often uphold them even without a click when the terms are “reasonably communicated” to the user. It is highly unlikely any significant number of people have ever fully read a set of online terms.

If you did, you would find that some businesses that operate online say they reserve the right to change online terms at any time without giving notice to the user.  Other sites and services warn their terms have changed or are about to change,...

Worldwide businesses are digitizing business processes to enable global e-commerce and delivery of digital services. Part of this is adopting e-signatures.

The ability to execute binding transactions online has compelling benefits. Questions still arise about the legal requirements and implications of e-signing.

This memo is an introduction to global e-signature legislation.

While most countries recognize the legal validity of e-signatures, there are restrictions in the types of electronic signatures supported, as well as rules for the types of documents for which an ink signature is still required.

WHAT IS AN ELECTRONIC SIGNATURE?

 “E-signature” is often c...

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