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We’ve always tried to cover key aspects of arbitrations on this blog, and why arbitration may make more sense for your situation, as opposed to having to pursue a public lawsuit in court. But when you need fast, injunctive relief, a prior agreement to arbitrate can potentially cause delay and be problematic. Though a major
E-commerce businesses are easy targets for lawsuits. Unlike traditional brick-and-mortar businesses, everything e-commerce businesses do is online for billions of people to see with the click of a button. So, the massive uptick in e-commerce litigation in recent years should not surprise anybody. Despite these increased risks for e-commerce businesses, many make massive mistakes in
With Web3 on the horizon and digital transformation in the air, blockchain technologies like smart contracts are becoming more common in business processes. Every company should be asking how can you incorporate these technologies into your business model. For context, a smart contract is a self-enforcing piece of code that exists on a blockchain and
Even with some high-profile enforcement actions and general mayhem in the blockchain industry (see here and here), many founders continue to build their projects, gain traction in the market, and receive funding. We know this because we speak with many such entrepreneurs every week. Below is an excerpt from an email I recently sent to
Businesses looking to get into the non-fungible token (NFT) space have a chance to reap some serious profit if they do it right. Rare NFTs can sell for tens of millions of dollars. In 2021, The Merge sold for $91.8 million on Nifty Gateway, making it the most expensive NFT to date. However, due to
In this post, I will discuss executory contracts and ipso facto clauses. These are both important basic concepts for bankruptcy proceedings, especially Chapter 11 proceedings (commonly known as a “reorganization” as opposed to a “liquidation” under Chapter 7). 1. Executory Contracts Though the name may sound daunting, an executory contract is simply a contract that
Unless you just returned from weeks of trekking the jungles of Borneo, you know that Tesla and SpaceX founder Elon Musk has made an offer to buy Twitter for about $43 billion. The chattering classes are divided on what this may mean for their favorite communications medium, and unsurprisingly, Musk himself has weighed in. Responding
Every disaster – and at this point I think we can number the COVID-19 pandemic of 2020-202X among them – produces “winners”, people and companies who benefit. Just over 10 years ago I was living in Japan when a devastating earthquake and resultant tsunami killed nearly 20,000 people, with another 2,500 missing and presumed dead.
Across practices, we are seeing the internet turn into an enemy for businesses dealing with federal law enforcement. Companies of all stripes need to be aware of the dangers of the Internet, and in particular what is being said about them online. If your products are subject to federal government scrutiny, you should be aware
If you’re not American, U.S. politics can be confusing. And believe us, even if you are American, they’re confusing. The United States has been mired in a partisan struggle for several decades (some would say, for the past 245 years), and during the past 10 years it has been particularly difficult to pass legislation through
