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Article Archive for August 2010

Basics of CDA Section 230 Protection of Web Entrepreneurs via New York Enterprise Report
August 30, 2010 – 10:36 am | No Comment
Basics of CDA Section 230 Protection of Web Entrepreneurs via New York Enterprise Report

W&M is happy to announce that it now has a regular blog with the New York Enterprise Report. W&M’s post on how Section 230 of the Communications Decency Act can be used as a shield …

Live from New York It’s Social Media Saturday-Viral Marketing Meets Chatroulette Edition
August 21, 2010 – 11:43 am | No Comment
Live from New York It’s Social Media Saturday-Viral Marketing Meets Chatroulette Edition

You may recall some months ago, when Chatroulette was first making its rounds as the new darling of web video spontaneity, I wrote a post on how it completely lacked any terms of service agreement.  …

New York Businesses and Others Raising Private Placement Monies under Rule 506 Still Need to File Notice Papers with New York
August 19, 2010 – 10:07 am | No Comment
New York Businesses and Others Raising Private Placement Monies under Rule 506 Still Need to File Notice Papers with New York

When selling private securities under rule 506, due to the Securities Act preempting state law, one does not typically have to comply with any state rules. However, even with the adoption of the National Securities …

Definition of a Capital Account for New York Businesses and Others Organized as an LLC
August 17, 2010 – 4:38 pm | No Comment
Definition of a Capital Account for New York Businesses and Others Organized as an LLC

All LLC’s in any industry (technology, manufacturing, retail, entertainment, etc.) have ongoing capital needs.  Typically, this concept is addressed by the LLC Operating Agreement in its “Capital Account” provisions.
And nearly all limited liability companies’ operating …

Live from New York, It’s Social Media Friday—YouSwear.com Makes You a Potty Mouth in Every Language
August 13, 2010 – 3:33 pm | No Comment
Live from New York, It’s Social Media Friday—YouSwear.com Makes You a Potty Mouth in Every Language

It’s been a while that I’ve experienced the delicious thrill of a great void in the universe being filled by a single “.com.”  Like when youtube taught met that desktop TV was my gateway to …

California Recognizes Liquidated Damages in Contracts despite its Statues Imposing Sometimes Unusual and Onerous Burdens on Contract Interpretation
August 12, 2010 – 4:25 pm | No Comment

Piggybacking on recent posts on special traps that California statutes have laid for the unwary party entering into a contract there, California does not do away with every contractual mechanism that can be bargained for, …

New York and other Online Businesses—Yet Another Ruling Holds you are Likely Not Liable for Defamation between Users, even if You’re the Hosting Company
August 11, 2010 – 2:51 pm | No Comment

The case: Johnson v. Arden (8th Cir. August 4, 2010).  The holding: Section 230 of the Communications Decency Act insulates a web site operator from the defamatory actions of its users.
In this case, …

Art Imitating Life?–Property Lawsuits for Virtual Real Estate Gain Traction against Second Life
August 10, 2010 – 4:36 pm | No Comment
Art Imitating Life?–Property Lawsuits for Virtual Real Estate Gain Traction against Second Life

When you live “life” in the Second Life virtual world through an avatar, you can’t be content to rent.  No, you want to own and by “own” I mean, pay real US dollars to “own” …

New York Businesses, When Serving Process for Federal Lawsuit on Out of State Parties, Watch the Waiver
August 9, 2010 – 10:23 am | No Comment
New York Businesses, When Serving Process for Federal Lawsuit on Out of State Parties, Watch the Waiver

In this economy (or ITE, the catchphrase du jure in these uncertain times), there has been a noticeable spike in litigation, primarily aimed at debt collection. And unfortunately, our clients are no strangers to this. …

Quick and Dirty Business EBITDA Valuation Formula for New York Businesses and Everyone Else
August 7, 2010 – 3:33 pm | No Comment
Quick and Dirty Business EBITDA Valuation Formula for New York Businesses and Everyone Else

Recently a client asked for me for a “quick and dirty” metric for valuing his operation.  What he didn’t realize is that there is a time honored formula for just that occasion that actually has …

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