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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What is a DMCA counter notice?

The Digital Millennium Copyright Act (DMCA) protects technology, devices or services that are copyrighted. The act was written to protect IP owners, content hosts and internet service providers. It also provides a safe harbor for hosts and ISPs when users commit infringement on their platforms. A DMCA counter notice is the response an organization submits …

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Brandon J. Huffman Quoted on Ion Maiden Video Game Suit, Minecraft Story Mode

GameDaily.biz recently covered Iron Maiden’s law suit against 3D Realms’ shooter, Ion Maiden. Here is an excerpt: Attorney Brandon Huffman, founder of Odin Law & Media and Hoeg agree that alternate meanings of the term “iron maiden” as a medieval torture device may support 3D Realms’ case. Both also suggest that the case isn’t a …

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