Legal Blog
EU-US Data Privacy Framework: The Future of Transfers of Personal Data from Europe
If your company collects personal data from residents in Europe, you now have a more efficient option for transferring personal data out of Europe in a manner that is compliant with the EU’s General Data Privacy Regulation (“GDPR”) and the equivalent laws of the UK...
NLRB Strikes Down Overly Broad Severance Agreement Provisions for Non-Supervisory Employees
Earlier this year, the National Labor Relations Board (the NLRB) issued a decision in McLaren Macomb (McLaren) holding that employers may not offer non-supervisory employees severance agreements that require such employees to agree not to disparage the employer or to...
How Non-Compete Bans Impact Startups: Federal Proposed Rule & State Specific Limitations
Non-competition clauses are under scrutiny at the federal level and in some states with governments taking a more pro-labor stance against restrictive covenants. In July 2021, President Biden issued an executive order directing the Federal Trade Commission (FTC) to...
New California Salary Transparency Law
Section 432.3 of the California Labor Code currently requires employers to provide an applicant with the pay scale for a position upon the applicant’s reasonable request and prohibits certain inquiries by employers related to an applicant’s salary history....
California Privacy Rights Act (CPRA) Coming Into Effect January 2023
California Privacy Rights Act (CPRA) The CPRA, a ballot initiative that amends the California Consumer Privacy Act (CCPA) and includes additional privacy protections for consumers, passed in November 2020. The majority of the CPRA’s provisions will enter into force on...
7 Key Questions to Ask Before Hiring a Startup Lawyer
Starting a new business is exciting. Founders often have a mental image of how they imagine their new company will be: the new Google. But before they can create a new verb, they first need to make sure that they have the best corporate setup, have raised adequate...
What questions will venture capitalists ask during the due diligence process?
Legal Due Diligence for Startups Seeking Venture Capital Investments There are many occurrences when a business, be it a startup or an established company scaling up, may seek to raise funds from venture capital (VC) investors rather than bank loans. Such occurrences...
What Does the Stimulus Package (CARES Act) Mean for Your Startup?
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed and signed into law on March 27, 2020. This article summarizes three components of the Act that are most relevant to startups: the Paycheck Protection Program, tax credits, and wage tax...
SPZ Attorney Ryan Shaening Pokrasso on Kruze Consulting’s Founders & Friends Podcast
SPZ attorney Ryan Shaening Pokrasso recently sat down with Scott Orn, COO of Kruze Consulting, to discuss SPZ's approach to client relationships, legal best practices, and Ryan's path to co-founding SPZ. You can listen to Ryan's interview below or you can check it out...
Navigating Employee Leave During COVID-19 Pandemic
The legal landscape involving employee sick and family leave is rapidly changing to respond to the COVID-19 pandemic, and businesses should inform themselves on these new measures. Below please find information about the Workers and Families First Program recently...
Terminating Employees Due to COVID-19? Legal Requirements, Practical Tips, and Possible Alternatives
Many believe that the U.S. economy is currently in a recession or will soon enter one as a result of the economic impacts of Coronavirus Disease 2019 (COVID-19). Noted virtual capital firms are advising their portfolio companies to reevaluate expenses and headcount....
What to Do if Your Startup’s Fundraising Efforts are Impacted by COVID-19 Pandemic
If your startup is currently in the middle of a fundraise or considering fundraising in the near future, you may be wondering how those efforts will be impacted by the current health pandemic involving Coronavirus Disease 2019 (COVID-19). The good news is that venture...
What to Do if You Cannot Meet Your Contractual Obligations Due to COVID-19 Pandemic
Given the Coronavirus disease 2019 (COVID-19) pandemic and its impacts on businesses and the economy generally, many businesses are currently unable -- or may eventually become unable -- to perform contractual obligations. Force majeure is a little-known clause in...
Benefit Corporation Reporting Requirements
Benefit corporations, described in more detail here, are a legal entity type that allow businesses to make a profit while pursuing a public benefit. There are certain responsibilities you will have if you decide to become a benefit corporation. One of these...
How to Resolve Deadlock in 50/50 Founder Situations
You’ve set up your company, everything is great, and you and your business partner are ready to move forward as equal partners! But there’s one thing you may not be thinking of in this honeymoon stage of your business - deadlock. Deadlock is what happens when two...
Benefit Corporation or B-Corp?
Consumers and businesses over the last several years have become more and more interested in businesses making or pushing for a positive social impact. One part of this movement has been the creation of benefit corporations and B Corps. But aren’t they the same thing?...
Should I Trademark the Name or Logo of My Business?
Are you running a new business, and looking to protect the equity in your name and your logo? Filing for federal or state trademark protection may be the right move for you. However, we are often asked whether it makes sense to trademark the name or slogan of a...
Benefit Corporations Raising Venture Capital
B Lab, the nonprofit responsible for the passage of benefit corporation statutes in over 30 states (as of the writing of this post), has released a report on the status of venture capital raised by benefit corporations. While skepticism remains among the...
Laureate Education First Benefit Corporation to File for IPO in U.S.
Etsy made news when it went public as a B Corp in April 2015. And now we have the first Benefit Corporation to file for an Initial Public Offering (or IPO) in the U.S.: Laureate Education, an online education platform. On October 1, 2015, Laureate became a Public...
Not So Safe: The ECJ Strikes Down U.S.-EU Safe Harbor
The Safe Harbor Framework governing transfer of personal information from the European Union to the United States is no more. On October 6, 2015, the European Court of Justice (ECJ) struck down the vaunted bilateral data protection and transfer agreement, impacting...
SEC Votes to Approve Equity Crowdfunding Rules
On Friday morning (October 30, 2015), the Securities and Exchange Commission voted 3-1 to approve final rules relating to equity crowdfunding to non-accredited investors. What Does the Vote Mean? Until now, businesses have been able to raise funds from the "crowd" in...
SPZ Attorney Ryan Shaening Pokrasso on Innov8social Podcast
SPZ attorney Ryan Shaening Pokrasso recently sat down with Neetal Parekh of Innov8social to discuss his path to being corporate lawyer and social entrepreneurship. You can listen to Ryan's interview below or at the Innov8social Podcast website. More About...
Dealing with Online Comments
Word of mouth is the lifeblood of attracting new customers, and now it travels faster than ever before thanks to the internet. Customers can snap a picture, post a comment, or leave an online review of a business in a matter of seconds. These reviews can often be...
EU-US Privacy Shield Now in Effect
On July 12, the European Commission formally adopted the EU-US Privacy Shield, a bilateral data privacy agreement hastily assembled from the wreckage of the Safe Harbor Framework, which was invalidated by the European Court of Justice in 2015. U.S. companies...
California Gets Classy: Judge Certifies Uber Class Action Lawsuit by Drivers
A California lawsuit against Uber just got a whole lot busier. On September 1st, U.S. District Court Judge Edward Chen granted class-action status to a suit brought by three Uber drivers, who are alleging the ride-share company misclassified them as independent...
Hiring Your First Employee? Ten Questions You Need to Answer
Congratulations! Your business is growing, and you’re ready to hire your first employee. You’ve moved beyond the legal netherworld of independent contracting, and it’s time to establish a formal employee relationship. This article will help you answer some common...
FTC v. Wyndham: The FTC Has Authority to Regulate Cybersecurity Breaches
In an historic decision with wide-reaching ramifications for data privacy and security, the Third Circuit Court of Appeals has affirmed the Federal Trade Commission’s authority to regulate cyberspace under the “unfair and deceptive acts” provision in § 5 of the FTC...
HIPAA Compliant App Part 3
The healthcare industry is primed to benefit mightily from the ever-expanding influx of medical apps, transforming areas such as personal fitness, information storage, and even complex medical procedures. However, many app developers fail to realize the the role of...
Restricted Stock or Stock Options – Which One is Right for my Company?
Private companies utilize equity compensation to attract and retain talent and plan future use of company capital. In preparing a compensation plan, many startups debate between two types of equity compensation awards – restricted stock or stock options. ...
HIPAA Requirements (Part 2)
This is the second in a series of three posts that cover the background of the Health Insurance Portability and Accountability Act (HIPAA), HIPAA requirements, and HIPAA compliance strategies for startups and small businesses. The aim of this series is to make the...
