Month: July 2019

Chance versus skill in a giveaway

When an organization decides to offer up free goods, there should be strict identification of whether the offering will be a contest, a sweepstakes or a lottery. As we’ve stated before: a sweepstakes (also known as a giveaway) is a promotional drawing in which prizes are given away at no charge to the participants. Winners …

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More risks related to social media assets during a merger or acquisition

As discussed in my previous blog post, one of a company’s most valuable (but often overlooked) assets are its social media assets. Yet social media assets rarely receive more than a cursory treatment during a merger or acquisition. Giving social media assets merely superficial review can end up costing the buyer in third-party liabilities.  If …

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Brandon J. Huffman Quoted on Nintendo Class Action Lawsuit

GameDaily.biz recently covered the class action lawsuit being brought against Nintendo for allegedly faulty Joy-Con controllers. Here is an excerpt: I think social media has amplified this to be larger than it actually is,” Brandon J Huffman, attorney with Odin Law and Media told GameDaily. “If 100 people total had this problem, and all posted …

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The First Amendment and Video Games – Part 5: Brown v. EMA

In parts 1-4 of this First Amendment series, I gave an introduction, provided the basics of the First Amendment and talked about what First Amendment protection means along with what speech is protected. In this post, I will give a bit of context for how those standards are applied to video games, specifically. Brown v. EMA Until …

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Risks related to social media assets during a merger or acquisition

When a company is preparing for a merger or an acquisition, it is expected to prepare a list of all its assets. The buying company will then review this list of specific assets and include a series of representations and warranties in the purchase agreement that are designed to decrease the buyer’s liabilities while ensuring …

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