The advent of the internet, now almost immediately accessible at the tap of a screen, created a number of issues in the law. Access to information, the ability to share ideas and property, and the possibility of international discussions all can create intellectual property problems. The law is notoriously slow to address the effects of rapidly changing of technology, generally using older laws to apply to new issues. In a display of adaptability, President Clinton signed the Digital Millennium Copyright Act (“DMCA”) in 1998.
Last week, the topic of dispute resolution opened with the basics of mediation. Staying on theme, this week the topic is arbitration. A general way of thinking about arbitration is to think of it as an intermediary process between a mediation and litigation. This is not to say disputes are resolved by going from mediation to arbitration then to litigation. Instead, Arbitration is a middle road of formality, expense, and time investment with a result of an order binding upon the parties.
Dispute resolution is a fancy way of describing the overall process and the various methods of helping two or more parties resolve their claims. This definition is overly complicated and needlessly wordy. Dispute resolution is how two people fix their problems with each other. The most common and understood form of this is litigation, the process from complaint to trial. Today, a different method will be discussed, mediation.
Startups and even mid-sized companies look to various financing options in an effort to grow. Frequently, these companies run into the concept of a security, governed by the Securities and Exchange Commission. Failing to register a security or procuring the incorrect exemption can lead to a number of devastating consequences. The first step should be identifying if the financing option is a security.
Property law is quite an interesting thing. The basics are deceptively simple, if a person owns property, they own the property. However, the basics of property law impact personal property, real property, and intellectual property as well. Regardless of the form, when someone owns property, they own a bundle of sticks.