Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on digital and interactive media, entertainment, internet related issues and crisis communication. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

What to Consider When Protecting Trade Secrets

The video game industry thrives on secrets. Game reveals, licensing deals, budgets and more are closely guarded aspects of the business that are part of a company’s larger operational strategy. Games, especially large blockbusters, are also made by teams of people. The more people that know a secret, the harder it is to keep. That’s …

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The Pros (and Cons) of Keeping Terms of Service Language Broad

If a company operates a service, it’s a good idea to establish rules for how users will interact with it. Having a Terms of Service (TOS), a document that every user sees and must agree to when registering for an account (free or paid), is an effective way to protect a company and service. While …

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California’s AB5 Labor Bill Will Greatly Affect Game Companies

Assuming it is signed by the Governor, on January 1st, 2020, California’s AB5 Labor Bill will go into effect and will prevent many companies from treating their workers as independent contractors. What does this mean? The short version is that AB5 presents an ABC test. If A) workers perform tasks under a company’s control, B) …

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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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FAQ on a bill (S1629) proposing The Protecting Children from Abusive Games Act

On May 21, a bill was introduced in the US Senate. This bill, dubbed The Protecting Children from Abusive Games Act, is a misguided attempt to regulate loot boxes and pay-to-win mechanics out of the video game industry. To be clear: I am not necessarily against regulation on loot boxes. I do think that there …

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How to prepare for a financing or acquisition: Diligence

Diligence is the process by which a prospective buyer or investor looks at a company in order to decide whether or not to invest or buy. It’s really that simple. Diligence can be very scant or it can be very involved. A wise investor or acquirer will lean toward more aggressive diligence. That means looking …

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The First Amendment and Video Games – Part 4: What is Protection?

In Part 3 of this series, I spent some time talking about the difference between First Amendment protected speech and unprotected speech. With that in mind, assuming speech is “protected” by the First Amendent, what does that actually mean? Protection from government restriction The language of the Amendment is always relevant. The first part of …

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