Business

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

By / July 24, 2019

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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Risks related to social media assets during a merger or acquisition

By / July 10, 2019

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?

By / June 19, 2019

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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Can I sue for libel?

By / May 6, 2019

Defamation is a catch-all term for any statement that hurts someone’s reputation, that can be divided into “slander” which are spoken statements, and “libel” for written. A person who believes he or she has been defamed by another can sue the person who did the defaming for damages. Libel law varies by state, but overall …

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The CVAA: What it means for the games industry

By / January 23, 2019

Ringing in the New Year not only brought new year’s resolutions, but it also gave effect to the CVAA in the video game industry. What is the CVAA? The CVAA (21st Century Communications and Video Accessibility Act 2010) sets forth accessibility requirements for all advanced communications services. This includes advanced communications services for game software, …

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Terms of Service and Clarity

By / January 16, 2019

Update: 1/26/2019: Unity has updated its terms. Over the past week, the video game world has been closely following the tumultuous relations between Improbable, Unity and Epic Games centering on an interpretation of an update (or clarification) of Unity’s Terms of Service. This case has brought into the spotlight an ordinary and extremely common contract: Terms …

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How to prepare for a financing or acquisition: Diligence

By / December 11, 2018

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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