Top Legal Issues Affecting Entertainers and Athletes

WebContentBest Practices, entertainment and media, Operations, Startup Tips & Resources

Silhouette of singer on stage

From choosing the right business structure and filing for intellectual property protection to handling contract issues and resolving disputes, the legal issues affecting entertainers and athletes can be similar to those of any new or growing company. However, there are also some legal concerns that are specific and custom to sports and entertainment law. Below are some key issues that … Read More

TTAB Finds Applicant’s Effort to Register gTLD as a Trademark .SUCKS

James GriffithBest Practices, Case Studies, Operations

supreme court booking.com decision

In the aftermath of the Supreme Court’s “Booking.com” decision, the US Trademark Office continues to grapple with the protectability of domain names as registered trademarks.  Earlier this year, the Supreme Court held that under certain circumstances a domain name containing a generic word may be a protectible trademark, rejecting the per se rule that had been applied by the Trademark … Read More

Generic.com marks must be shown distinctive to be deemed registrable

Van EconomouBest Practices, Case Studies, Operations

generic trademarks for .com

Our blog entry earlier this year discussed the “Booking.com” decision, in which the US Supreme Court struck down the per se rule that a generic mark followed by .com was not registrable under any circumstances.  That blog entry cautioned that the news may not be as good as may first appear. Recent interpretation of the Booking.com decision by the US Patent … Read More

SEC Adopts Amendments to “Accredited Investor” Definition

Emily HayesBest Practices, Market Rules & Responsibilities, Operations

SEC amends “accredited investor” definition

On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) approved amendments to the “accredited investor” definition1, thereby increasing the number of persons that can participate in private offerings of securities2.  Previously, individuals that wanted to participate in private offerings generally had to be high earning or high net-worth individuals to qualify as “accredited investors.” The amended definition allows, … Read More

Illinois Recreational Marijuana Legislation and its Impact on Local Government

Eydie VanderboschOperations, Startup Tips & Resources

llinois-Recreational-Marijuana-Legislation

Illinois Governor J. B. Pritzker signed into law recreational marijuana legislation this Tuesday, after the Illinois legislature voted by large margin to approve the landmark 700-page Cannabis Regulation and Tax Act (“the Act”).  A copy of the bill voted upon is located here but the Act has yet to be fully published online. The new law is expected to go … Read More

SEC Approves Regulation Best Interest for Broker-Dealers, Form CRS

Emily HayesBest Practices, Market Rules & Responsibilities, Operations

sec-approves-regulation-best-interest-for-broker-dealers-form-crs

The U.S. Securities and Exchange Commission (“SEC”) adopted “Regulation Best Interest” (“Reg BI”) on June 5, 2019, requiring broker-dealers to act in the best interest of their retail customers when recommending securities or a particular investment strategy. Additionally, the SEC adopted a new Exchange Act Rule 17a-14, 17 CFR § 240.17a-14, that requires broker-dealers to prepare, file with the SEC, … Read More

Two Things that Stand out About Illinois’ Landmark New Legislation Legalizing Cannabis

Jesse HudsonOperations, Startup Tips & Resources

illinois-legalizing-cannabis

On Friday, May 31st the Illinois House approved a law legalizing recreational cannabis, or marijuana, in the state, making Illinois the 11th of the United States to do so. The law, referred to as the Cannabis Regulation and Tax Act (“CRTA” or the “Illinois law”) is on the desk of Illinois Governor J.B. Pritzker, who has championed legalization, to sign … Read More

SEC’s FinHub Publishes Digital Asset Analysis Framework

Emily HayesMarket Rules & Responsibilities, Operations

secs-finhub-publishes-digital-asset-analysis-framework

On April 3, 2019, the Securities and Exchange Commission’s (SEC’s) Strategic Hub for Innovation and Financial Technology, a.k.a. the SEC FinHub, released its “Framework for ‘Investment Contract’ Analysis of Digital Assets,” (the “Framework”) providing further guidance on how the SEC will analyze whether a given digital asset is an investment contract and, therefore, a security under the federal securities laws. … Read More

NFA Institutes New Requirements for CPO Internal Controls Systems

Chelsea EllisBest Practices, Market Rules & Responsibilities, Operations

NFA-internal-controls

Effective April 1, 2019, every National Futures Association (“NFA”) member commodity pool operator (“CPO”) that handles customer funds must implement an internal controls system (“ICS”) that “is designed to deter fraudulent activity by employees, management, and third parties” to ensure that each Member CPO properly safeguards customer funds, provides accurate and timely financial reports, and fully complies with CFTC and … Read More

OCIE Announces Its 2019 Exam Priorities

Chelsea EllisOperations

ocie-2019-exam-priorities

On December 20, 2018, the Securities and Exchange Commission’s (“SEC’s”) Office of Compliance Inspections and Examinations (“OCIE”) published its annual examination priorities for 2019 (“2019 Priorities”). OCIE annually publishes its examination priorities to highlight the key areas it intends to focus on in the upcoming year. OCIE examines investment advisers, mutual funds and exchange traded funds, broker-dealers, transfer agents, clearing … Read More