A problematic question faced by early stage startups is when to invest in intellectual property (IP). Trademarks and patents are granted on a “first-to-file” basis. Therefore, the sooner you file, the better your chance is in defending your IP claim. However, the ability to defend your claim to the IP comes with a cost.

Suits against small copycats and large companies attempting to cash in on your idea may only be valuable after development. The payout and length of litigation are uncertain. Especially during early stages like seed funding, the protecting IP may come at the cost of further development…

This article was originally published 11/1/20 on Law4Startups


During an earnings call this Thursday, Facebook’s Mark Zuckerberg claimed that “actions planned by platform companies like Apple could have a meaningful negative effect on small businesses and economic recovery in 2021 and beyond.”

Zuckerberg was referring to Apple’s decision to prevent apps from tracking users through unique device identifiers without their explicit consent. Apple’s move, which was delayed from the iOS 14 updated to give advertisers more time to prepare, poses a significant risk to Facebook and other targeted advertising companies.

Zuckerberg was not without bias when making this statement. Facebook representatives during the earnings call estimated that Apple…

two people doing reserach on laptops and paper.
two people doing reserach on laptops and paper.
Photo by Scott Graham on Unsplash

As the idiom goes, there are only two things we can be certain are death and taxes. Unless, of course, you’re Donald Trump, a man who somehow managed to beat COVID-19 in under a week and only pay $750 in Federal Income tax in 2017. While his miraculous full recovery is improbable, we do know he certainly applied some questionable interpretations of the US Tax Code to receive sizable deductions and credits. For a startup company strapped with expenses and continuously working toward profitability, knowing that you likely paid more than a self-proclaimed billionaire in Federal Income Tax is a…

The issuance of tokenized equities has been growing in popularity since the initial coin offering (ICO) boom in 2017. As adoption of cryptocurrencies and blockchain-based projects became widespread, both Wall Street and Silicon Valley began developing novel use cases and digital tokens applications.

Attempting to correct the regulatory concerns born out of the SEC’s action against DAO, the Security Token Offering (STO) came to challenge the security and equity market’s traditional methods. …

Photo by Bermix Studio on Unsplash

According to the Commodity Futures Trading Commission, top executives of the BitMEX crypto trading platform were charged with violating US anti-money laundering regulations. Cofounders Benjamin Delo, Arthur Hayes, Samuel Reed, and head of business development Gregory Dwyer were charged with violating the Bank Secrecy Act and one count of conspiracy to violate the act. The joint charges from the US Department of Justice and CFTC reflect ongoing conflicts between the Fintech industry and traditional banking regulations.

The Bank Secrecy Act (BSA), or the Currency and Foreign Transactions Reporting Act, is an extraterritorial United States financial regulation that establishes a program…

Griffin McShane

J.D. candidate and freelance developer absorbed in privacy, law, and fintech.

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