contracts

Protecting your rights in the digital world: Website/App Terms of Use

When developing a website or app, Terms of Use (also referred to as Terms of Service or Terms and Conditions) are typically an afterthought.  Companies know that they “should” have them – the Terms of Use govern the relationship between the parties.  But, oftentimes companies overlook one important step – consent. Generally, there are two ways in which end users “consent” to the Terms of Use for a website or app: continuing to use the website/app (a “browse-wrap agreement”) or...

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Legal issues brands should consider when collaborating with other brands

Collaboration can be a fun way to increase the value of your brand. You can expose your brand to an entirely new market or territory, strengthen your existing brand awareness, or create additional revenue streams. Who doesn’t think that Doritos Locos Tacos is the most amazing option on the Taco Bell menu? Target’s Missoni line generated a shopping frenzy. Its collaborations with Lilly Pulitzer, Altazurra, Phillip Lim, Prabal Gurung, Zac Posen, Jean Paul Gaultier, and Alexander McQueen make it a...

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Legal Bites: Contract Review

For many businesses, contracts are a necessary evil. While there are many advantages to being the party that supplies the contract in a transaction, sometimes makes sense for the other side to provide the initial draft. Here are a few basic, practical tips for making the contract review process more efficient and effective. 1. Start with an Internal Review of the Business Terms Your first step should be a review of the key terms. If you have a term sheet,...

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Paid Endorsements in Social Media

Looking for a way to give your brand a bump? Paying for endorsements is not a new marketing tactic. However, the rising importance of social media in business marketing strategies, and the growing amount of social media “influencers,” has certainly made it a more popular and easily accessible one. Here are some issues to consider when negotiating the terms of your endorsement agreement: (1) Set a posting schedule. Don’t stop with setting minimums on posts (e.g., two tweets per day)....

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