Articles
Our knowledge, distilled.
Every step of the way, startups have a lot to think about. We help ease that burden by considering all the angles and providing clients with clear, forward-looking advice. We know just how quickly the startup landscape can change, so we proactively outline emerging issues and provide actionable recommendations for managing the challenges and opportunities those developments present.
The Devil’s in the Details: How a Bad Contract Can Ruin Your Startup
A poorly constructed contract isn’t just a minor setback; it can be the torpedo that sinks your entrepreneurial ship, leading to financial ruin, legal nightmares, and the untimely demise of what could have been a thriving startup.
How International Startups Can Expand to the U.S. Market via Silicon Valley
Pillsbury Corporate Partner Stan Lewandowski presents “How International Startups Can Expand to the U.S. Market via Silicon Valley,” co-hosted by Silicon Valley Startup: Idea to IPO.
Blockchain-Based Tokenization of Commercial Real Estate
Blockchain technology is a digitized, distributed ledger that immutably records and shares information using software protocols and advanced cryptology. The development of blockchain-based smart contracts—self-executing software algorithms integrated into a blockchain with trigger actions based on pre-defined parameters—has made it possible for parties to automate the process of executing commercial transactions between counterparties in a more direct, trustworthy and efficient manner.
Consultants, Product Builds and the Importance of a Written Agreement
While it may be tempting to take the quick and easy route of relying on the oral agreement, putting the agreement with your consultant in writing can save you from disagreements that may pop up down the road.
EdTech Innovation Series: Fireside Chat with Coursera’s Shravan Goli
COVID-19 has forced educators and students to adopt new methods of teaching and learning. Please join us for a virtual fireside chat with Coursera’s Chief Product Officer and Head of Consumer Revenue, Shravan Goli.
Food Industry Disruption and Innovation
Join us as we ask our expert roundtable about food industry trends stemming from COVID-19.
Pillsbury Industry Insights – Podcast
Pillsbury’s Industry Insights podcast explores important and emerging topics impacting the financial services industry.
COVID-19: Employer Considerations for Returning Employees to Onsite Work
Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the health and safety of their workers and compliance with an evolving legal landscape.
Nationwide Trend: Workers Must Cover Up at Employers’ Expense
The latest wave of COVID-19 restrictions requires many Americans to wear face coverings in public, and employers to provide them.
International Pressure Raises Cybersecurity Threats
Recent headlines have raised significant concerns about the possibility of cyberattacks on U.S. businesses as a result of the heightened tensions with Iran. The Department of Homeland Security, through its Cybersecurity and Infrastructure Security Agency (CISA), has published alerts and guidance recommending heightened awareness and vigilance.
The Mid Lane: Esports News – 1/22/20
The Mid Lane is a rundown of developments in the world of esports.
Growth, taxes and malls? An unconventional esports location is dominating the industry news this week. The latest news roundup indicates that all signs point to the continual progression of esports.
New York Guidance on Listing Digital Assets
On December 11, 2019, DFS published a proposal to create a public list of approved virtual currencies and a self-certification methodology for holders of NY Bitlicenses and New York trust companies approved to engaged in a virtual currency business (together, VC Licensees) to offer to New York consumers virtual currencies without the need for additional approvals of the DFS.
Text, Alexa, Bitcoin—Technology Is Making It Easier to Make Political Contributions
The 2020 election is upon us, and just like every other type of payment, making contributions is getting easier. Digital political ads for the 2020 elections are beginning to appear all over the internet, and people can now make contributions with just a few clicks on their phone, or even by just asking Alexa to facilitate a contribution:
DoD Cyber Rules Will Affect All Government Contractors
DoD is in the process of developing the CMMC framework in order to enhance the protection of sensitive data within the Federal supply chain. As we previously reported in client alerts of December 2017, May 2018 and October 2018, DoD’s efforts to enhance these protections began with the implementation of the DFARS clause 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. This sensitive data includes Controlled Unclassified Information (CUI) and Federal Contract Information (FCI).
The Mid Lane: Esports News – 12/11/19
Investments, acquisitions, more investments and more acquisitions make up the bulk of industry news this week, along with another sign of respect from sports-adjacent industries (hello Emmys!)
Significant Changes Ahead for California Employers, Effective January 1, 2020
The New Year will bring with it many new legal requirements for California employers. Although much of the focus has been on the passage of AB 5 and its new, onerous standards for independent contractor classification, there are numerous other laws that employers must be aware of and take measures to comply with in advance of their January 1, 2020 effective date.
How Employers Should Respond to the Trump Administration’s Final Overtime Rule
On September 24, 2019, the U.S. Department of Labor (DOL) issued its much-anticipated Final Rule amending the federal Fair Labor Standards Act (FLSA) regulations for exemptions from overtime pay requirements for so-called “white-collar” exemptions. By January 1, 2020, employers will need to ensure that their workforces are properly classified in accordance with the Final Rule, which will increase the minimum salary required for an employee to be considered exempt from overtime.
New Cybersecurity and Privacy Law in New York Affects Employers in New York and Beyond
New York recently passed a new cybersecurity and data breach law that is scheduled to go into effect on October 23, 2019. The Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”) applies to “any person or business that owns... computerized data which includes private information,” as defined in the Act, regardless of corporate structure, revenues, or location.
California Mandates Employment Classification for Many Workers, Codifying Dynamex’s ABC Test
California Governor Gavin Newsom signed into law Assembly Bill 5—sweeping legislation that requires most “gig economy” workers to be treated as employees, effective January 1, 2020. The law impacts not only tech giants in the gig economy, but also applies to many traditional contract workers such as truckers, software coders, janitors and exotic dancers, among many others. Multiple industries and occupations secured exemptions to the law, but they still must comply with the traditional tests for independent contractor status.
The 5G-Enhanced Potential of Augmented Reality Comes with Interesting Legal Issues
In case you don’t know, William Gibson is the prescient science fiction author who effectively coined the terms “the matrix” and “cyberspace” as we currently use them, way back in the early 1980s. He also predicted augmented reality applications. In his 2007 novel, Spook Country, a character has taken to creating “locative art” installations in the real world that can be viewed only through mobile devices that use the GPS grid to create a virtual overlay on top of the real world as recorded through the device.
Esports May Be New, but Insurance Needs Are Not
It’s sometimes hard to gauge the full impact something “new” will have on an industry over the long term as it transitions from “What in the world?!” to “But of course!” in the minds of the general public. For investors, owners and other participants in the relatively new arena of esports, though, the question of whether or when its popularity will surpass that of traditional leagues like the NFL and NBA is less important than ensuring their businesses and business models are sufficiently protected.
New York Expands Cybersecurity and Data Breach Law
On July 25, 2019, Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act), which broadens the scope of existing New York breach notification and data protection laws that trigger notification to affected consumers. The New York Attorney General will enforce the SHIELD Act (S.5575B/A.5635), which extends the reach of New York law breach notification requirements to any person or entity with private information of a New York resident, regardless of whether the breached company conducts business in New York State.
The Three Biggest (Non-IP) Legal Issues Faced by Blockchain-Based Platform Technology Providers
For all the excitement and promise of blockchain-based technology, it’s vital to remember that the very “newness” of a technology can lead to issues of basic legal compatibility. Few if any technologies magically create their own regulatory framework whole cloth, after all.