Microsoft Launches New Constitutional Challenge Against Alleged Federal Government Searches of Customer Data in Cloud

Microsoft has launched a new constitutional challenge against the government over its use of indefinite gag orders when it subpoenas information from customer cloud accounts.  Microsoft is claiming that the orders violate the First Amendment free speech rights and the Fourth Amendment rights regarding unreasonable government search and seizure of property.  Clearly, this action by…

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Does a Start-up Need to Be Based in Silicon Valley to be Successful?

Does a start-up have the best chance to succeed if based in Silicon Valley?  Or would the same start-up be just as successful, if not more successful, if it were based somewhere else?  This firm has developed a large client base supporting start-ups and tech-focused small businesses outside of Silicon Valley, so we have personal…

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Applying Lessons From the Downturn to Run a Better Business Today

If you ran a business through the downturn as I did, then you probably experience the same nervousness that I do whenever you hear bad economic news or poor economic forecasts.  However, whether you are building a business or a law practice, it’s important to recognize that many of the lessons we learned in surviving…

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FBI Unlocks Terrorist iPhone Without Apple’s Help, Ending Encryption Dispute

The U.S. Justice Department has announced that the third party who came forward and convinced the FBI that it could unlock the San Bernardino terrorist’s encrypted iPhone successfully unlocked the encrypted iPhone, ending the standoff between Apple and the FBI.  The Silicon Valley Software Law Blog provided an update on the developments below: Third Party…

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Department of Justice Reverses Course on Apple Encryption Case

The Department of Justice appeared to be reversing course in its case against Apple this afternoon, when it filed a motion to vacate the hearing scheduled for tomorrow in order to explore a possible method of decrypting the terrorist iPhone at issue proposed by a third party over the weekend.  I have written more about…

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FBI vs. Apple: Who Will Come out the Winner in this Dispute?

When the Justice Department decided to wage a legal battle against Apple over encryption on the iPhone of one of San Bernardino terrorists, the government moved the encryption debate into the public arena and triggered a public debate over the issue.  Now, it is reported that the government is considering launching a second case over…

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Challenging the Silicon Valley Belief in the Necessity of Venture Capital

I would argue that there is a widely held belief among entrepreneurs in Silicon Valley that you can’t build a successful company without venture capital money.  However, the average company in Silicon Valley or the rest of the United States never receives an investment of venture capital.  Are the companies launched without an investment of…

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It Pays to be Cautious When Asked to Sign a Contract with an Employer

As a Silicon Valley tech transactions attorney, I regularly receive calls from engineers, developers, and other employees in the technology industry who have concerns about something that an employer has asked them to sign in the past or is asking them to sign at the time of the call.  Inevitably the person calling is torn…

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Latest Data Breach Involving Taxpayer Data Stored in Tax Preparation Software Suggests Need for Greater Government Regulation

With all the recent calls for greater FTC regulation of consumer data generally, it’s interesting that there has been very little commentary about the need for greater regulation of taxpayer data.  However, the disclosure of a second data breach since the first of the year affecting a major tax preparation software company suggests that consumers…

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To Cut Legal Costs, Start With Taking a Hard Look at Your Business Partners

If your business is like most, you currently work with one or more really difficult customers or clients, whether because you currently generate significant revenue from that customer or client or because you anticipate generating significant revenue from that customer or client in the future.  But is this really the right strategy for your business? …

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Do entrepreneurs focus excessively on landing venture capital?

In my work with entrepreneurs and new business ventures, I am often surprised to find how many of them are convinced that they cannot build a business without venture capital financing and how few of them have even considered the idea that there might be very good reasons why they should not pursue venture capital…

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FTC Signals to Health Software Companies an Intention to Increase Scrutiny over Advertising Claims

The FTC has just reached a settlement with Lumos Labs over claims that the company was deceptively advertising the health benefits of its Luminosity software program.  The FTC’s action over this issue should serve as a warning to the health software industry regarding how health software companies are advertising their products.   I addressed this issue…

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Availability of Contingency Fee Deals Could Generate Increased Patent Litigation from Tech Transfer Offices

Is an uptick of patent litigation initiated by university tech transfer offices on the horizon?  The Tech Transfer eNews Blog is reporting that law firms are increasingly extending contingency fee deals to universities, and that this move is eliminating the barriers preventing universities from pursuing patent litigation. The article is linked here: Contingency Fee Deals…

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Should FTC Regulation Increase Over Commercial Use of Data?

Should the Federal Trade Commission be doing more to regulate how businesses are using consumer data? The LA Times just ran a column by David Lazarus where he took that position and argued that U.S. privacy laws should be more like European privacy laws, where there is a “right to be forgotten.”   He makes…

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Tax Considerations to Contemplate in Structuring Start-up Business

If you are contemplating how to structure your new business as an entrepreneur, you may want to think ahead to the day when you will be able to sell off the business you have built and consider the linked article below which discusses the tax consequences of selling a small business: Tax Death When Selling…

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Choosing the Right Partner for an IP Purchase Transaction

If you are looking to buy or sell IP, have you ever taken the time to consider what qualities will make a prospective partner a good candidate for a deal?  I recently looked at this issue in a Silicon Valley IP Licensing Law Blog Posting: Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage”.

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Should Silicon Valley Push for Copyright Reform?

The Songwriter Equity Act of 2015 was recently introduced in Congress, putting the issue of copyright reform on the table.  While the music industry gets little attention in Silicon Valley, should Silicon Valley take this opportunity to push for an expansion of the reforms? I explored this issue in The Silicon Valley IP Licensing Law…

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The Pitfalls of Exclusive Licensing Deals

If you are considering a licensing offer and are convinced that any such agreement will have to be an exclusive deal, but find yourself coming up with creative language in an attempt to limit the scope of the exclusivity offered, then you may want to step back and proceed with caution as I discuss in…

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