Gist of an Advisor Agreement

I was recently reviewing an advisors agreement (an agreement between the company and its advisor) in which I found several glaring inconsistencies and issues. It got me thinking more about the need for this agreement and the important points that need to be present. When a startup is formed, advisors are invited to be part […]

Connecting India-U.S. Startups

  The startup environment in India is exploding. There are startup initiatives in every city and organizations and groups such as Founders Institute, 10000 startups, startup village, startup club, startup talk etc have been rapidly coming up. There is excitement and this is further fueled by government initiatives by the Modi government, such as the […]

In Which State Should a Business Be Incorporated?

The facts, the type of business and the long term goals have to be taken into consideration before deciding where to incorporate the legal entity of a business.  Home State: If the business is a local business, solely restricted to the state where it is situated, needs an entity to create a legal shield and […]

Reasons to Incorporate a Business

Incorporating a business takes time, effort and money. There is an additional ongoing filing of legal and tax paper work and the associated costs. Having stated the above, it is still a good idea to incorporate a business, when an entrepreneur having a business idea is in the stage of making it viable and wants […]

Steps to Set Up a Non-profit Corporation in California

Here are the basic steps that need to be followed to set up a nonprofit, assuming that the organization does not have any assets, is not leasing any property and does not receive more than $25,000 in gross receipts in a year. Reserve name for the nonprofit corporation with the Secretary of State of California […]

Held Ransom By a Malware: Ransomware

Have computers replaced human beings? In a sense yes, because humans now have a dual persona — in person and online. Our online activities are in par with our in person activities. Human beings were physically kidnapped and held hostage and for their release ‘X’ number amount of money was demanded. More and more people […]

Data Breaches — Insider Job?

All organizations collect, store and share personal or other business data and this data has to be protected through secure measures. Majority of the data breaches are due to employees who have immediate access to the internal records and  confidential data in an organization. They are the weak link and could play a major role […]

Privacy and Data Security in the “New Economy”

Privacy and Data Security in the “New Economy” The Internet has opened up possibilities that could not be envisioned before, right from the days of e-Bay and craigslist. This concept has further expanded providing venues for revenue generation to any individual, by creation and of mobile apps. New economy companies like Airbnb, Lyft and Uber […]

Is De-Minimus copying a Copyright Infringement?

  In a copyright infringement action, de-minimus copying may not constitute an infringement if it is not the ‘heart’ of the copyrighted work. On June 2, 2016, in VMG Salsoul v. Ciccone the US Court of Appeals for the Ninth Circuit court of appeals held that de-minimus copying was not copyright infringement. In this case […]

Data Security in the Work place

The term work place and work forces is so transient that the issues and answers are not straight forward. Traditional notion of workplace does not exist, the ability to work from anywhere will continue to cause challenges to the employer, employee, client and the customer. The laws are not clear cut and technology is surpassing […]

Google Fined by European Union for Antitrust Violations

Google is all about its algorithms and rankings during web searches, and the European Union has always been stringent about antitrust issues and its compliance. It has fined American multinationals such as Intel and Microsoft billion plus Euros. Google has been in the radar of EU and has been investigated for the past year and Google […]

Internet of Things Bill Introduced

  There are already a myriad of laws in the privacy and data security area, now the Internet of Things Bill has been introduced in the 114th Congress 2d Session, called the Developing Innovation and Growing the Internet of Things Act (DIGIT Act). This Bill is to ensure appropriate spectrum planning and interagency coordination to […]

Apple’s e-book price-fixing rebuffed by U.S. Supreme Court

Apple v. United States, is an antitrust case about Apple, Inc., orchestrating a conspiracy with the five major book publishing companies (Hachette Book Group, Harper Collins, The Penguin Group, A division of Penguin PLC and Penguin Group (USA) ) to raise the price of e-books. The allegation was that the Plaintiffs, who were the United […]

Copyright On Photographs–Part II

In the case of Perfect 10 v. Google/ Amazon, it was ruled that thumbnail-sized photos (such as those used in Google Image Search results) was not infringing, because under the fair-use criteria, the small photo does not have an effect on the potential market or value of the copyrighted work. Similar result was reached in […]

Copyright On Photographs–Part I

In 2009 there was a lot of buzz about the Obama image titled ‘Hope ‘ designed by Shepard Fairey, a Los-Angeles based street artist based on a photograph taken by Manny Garcia while working on a contract basis for the Associated Press (AP). Since it was taken by the photographer/Garcia while being employed by someone/AP, it […]

Discovery Allowed in AT&T and NSA Wiretapping Case

Here is an article from arstechnica from 2013 that reveals that AT&T turned over telephone records of Americans to CIA for which it was paid $10 million per year, this was a paid service by AT&T to CIA. This is similar to the NASA program that monitored private data from Google and Yahoo wide area […]

FBI wants Apple to open the Pandora box

In a long standing battle since 2014 between Apple and FBI, Apple wanted to be the pioneer in providing security to its customer’s data, and so it expanded the privacy and data encryption under iOS8 in a way that the company itself could not access the data. The unique feature of the iOS8 version is […]

Google gains an edge in EU over Antitrust Claims.

In 2011 Microsoft filed a complaint against Google with the European Commission on antitrust claims that Google it dominated the search, advertising and content management areas stating that “Google has 95 percent of the search market and it needs to find ways to innovate without violating Europe’s competition laws.” The complaint was on a list […]

Technology Redefining a Computer as a Human

We see movies where the machine takes over man and the man battles to vanquish the machine. It is no longer a fantasy. The smart phone has replaced the need to remember phone numbers, directions, mathematical functions, etc., etc. It has in a small but significant way taken over the simple essential brain functioning. Lose […]

Facebook to stop tracking non-users

This week seems to be a Facebook in the global news week. Yesterday it was Facebook  and India, today it is Facebook and France. Here is a link that tells the story. The French authorities has given Facebook three months to stop using cookies to track non-users of its site and to stop transferring […]

India’s Reaction to Facebook’s Free Basics

Facebook –India   The biggest democracy in the world, with a population of 1.3 billion people and a vast pool of them are highly educated. For a change the media is talking about something besides poverty, malnutrition, dowry and rapes in India. One thing for sure is that the people in India are committed to democracy […]

Moral of this story: Read the Terms of Service

In Lewis v. You Tube Inc., Cal. Ct. App __ Jan 25, 2016, the crux of the matter was that You Tube abruptly deleted Lewis’s account and in doing so, her channel which had 24 videos that she had posted from 2007 till 2012, along with the 500,000 view counts, comments, etc were gone. After […]

Website Access and Personal Jurisdiction

An interesting judgment on personal jurisdiction issue delivered by the US Court of Appeals for the First Circuit in the case of A Corp.v. All American Plumbing, Inc.  Plaintiff, A Corp a Massachusetts plumbing corporation sued defendant All American Plumbing, Inc., an Arizona corporation for trademark infringement, alleging that defendant had used plaintiff’s “Rooter Man” trademark […]

Data Privacy and Data Security: In the forefront.

Privacy, Data breaches and protection issues are the norm these days. Hardly a day goes by without hearing about leakage, hacking, and misuse of personal information or data. With technology and innovation evolving rapidly, massive data is being collected, stored, distributed, used and reused. Privacy and personal information protection issues have become a forefront legal, […]

Privacy Concerns: A full circle? The above link interestingly takes us through the history of privacy and gives us an historical perspective and brings us to where we are today. Despite all the noise being made about privacy and the paradox of it, we as human beings are social creatures yearning for social interaction. With the explosion of human […]

Basis for Privacy Laws in the United States

There is no one specific law that deals with privacy issues in the United States. There are a compendium of Federal and State laws to protect information. Under common law and the law of torts, privacy rights of an individual are addressed under the following broad categories — Public disclosure of private facts, Use of […]