Author Archives: John DiGiacomo

What are Consumer’s Rights Under The Utah Consumer Privacy Act?

What are Consumer’s Rights Under The Utah Consumer Privacy Act?

Internet Law

In 2022, Utah enacted a consumer personal data statute called the Utah Consumer Privacy Act (“UCPA”). Utah Code § 13-61-101, et seq. The UCPA took effect at the end of 2023 and now, covered businesses must be in full compliance. The UCPA is enforced through Utah’s Attorneys’ General’s Office, and consumers are not allowed to […]

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Buying an E-commerce Business: You Will Benefit From Legal Assistance Early in the Process

Buying an E-commerce Business: You Will Benefit From Legal Assistance Early in the Process

Internet Law

Buying any type of business requires a sustained and substantial investment of time to locate a suitable target business. With a more traditional brick-and-mortar business, most of the initial due diligence can be done without too much up-front legal assistance. For example, the buyer can visit the store and assess — at some level — […]

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Preemptive Rights and the Sale of Additional Membership Interests in LLCs

Preemptive Rights and the Sale of Additional Membership Interests in LLCs

Corporate

Preemptive rights are related to the ownership percentages of corporate entities like corporations and limited liability companies (“LLCs”) if and when said entity issues additional ownership/membership interests. Say, for example, that a member of an LLC currently has a 10% membership interest. For ease of math, assume 100 membership interests have been issued. If the […]

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How to Copyright a Song

How to Copyright a Song

Copyright

For copyright purposes, songs have three distinct components: lyrics, music, and performances. Each component carries its own copyright, and each is to be registered separately with the U.S. Copyright Office. One person can own the copyrights to all three components either because one person created the unique artistic works embodied in the lyrics, music, and […]

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Capital Calls and Dilution of Ownership Rights in Closely-Held Business Entities

Capital Calls and Dilution of Ownership Rights in Closely-Held Business Entities

Corporate

Many people are familiar with capital calls as common aspects of venture capital and equity investment funds. As an example, Investor A commits to help fund a $20 million investment by contributing $1 million, but only 10% is due at the start. As time passes, the investment fund managers send out written capital calls which, […]

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What is the Difference Between a Trademark and a Trade Name?

What is the Difference Between a Trademark and a Trade Name?

Trademark

A “trade name” is generally defined as the name under which a business operates. A trademark, on the other hand, is a word, phrase, symbol, logo, or other visual or audio device that identifies the commercial source of goods or services. Because so many businesses trademark their trade names, there is a significant overlap between […]

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The Connecticut Personal Data Privacy Act (Part 4): A Close Look at the Mandated Dispute Resolution Procedures

The Connecticut Personal Data Privacy Act (Part 4): A Close Look at the Mandated Dispute Resolution Procedures

Internet Law

At the end of 2024, the Connecticut Personal Data Privacy and Online Monitoring Act (“CPDPA”) will become fully effective. This is part four of a series of articles related to the CPDPA. In this article, the Consumer Data Privacy Lawyers here at Revision Legal take a granular-level look at the mandated dispute resolution procedures required […]

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Is It Illegal/Unethical to Conduct Affiliate Marketing With Fake Personas or Non-Existent Influencers?

Is It Illegal/Unethical to Conduct Affiliate Marketing With Fake Personas or Non-Existent Influencers?

Internet Law

The answer is: probably. The specific facts will determine if it is illegal and/or unethical to use fake personas and non-existent influencers to engage in affiliate marketing. It also depends on which party has created the fake persona/false influencer. The general legal principles are as follows: With affiliate marketing, a provider of goods and/or services […]

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The Connecticut Personal Data Privacy and Online Monitoring Act: High Altitude Overview (Part One)

The Connecticut Personal Data Privacy and Online Monitoring Act: High Altitude Overview (Part One)

Internet Law

In 2022, Connecticut enacted its version of a consumer data privacy act officially called the Connecticut Personal Data Privacy and Online Monitoring Act (“CPDPA”). It is unclear why Connecticut lawmakers used the words “online monitoring” in the statute’s name since the words do not appear together anywhere else in the text of the Act. In […]

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