Emerging Markets Law

Showing 5 posts from March 2016.

California Court Rules on Enforceability of Browsewrap Contract

Practitioners might jump to the conclusion that browsewrap contracts are always unenforceable when hearing about the decision of the California Court of Appeals in Long v. Provide Commerce, Inc., 2016 Cal. App. LEXIS 199 (Mar. 17, 2016) (hat tip: Professor Goldman), but a closer reading of the case reveals a more nuanced lesson.

You can find a great summary of the facts of the case here. In short, however, the plaintiff was unhappy with the quality of a product purchased from the defendant’s online store. Plaintiff filed suit, seeking to have the case certified as a class action. Predictably, the defendant moved to have the case dismissed and the arbitration provisions of the browsewrap “terms of use” enforced.

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Wall Street vs. Main Street

Posted In Securities

Brinker Capital Investment Manager (and my brother) Tom Wilson explains the tension between Wall Street and Main Street and his thesis for how Main Street will have the upper hand for 2Q and 3Q 2016:


Top Tips for Crowdfunding Campaigns under Title III of the JOBS Act

I was recently asked to pull together some top tips for crowdfunding campaigns under Title III of the JOBS Act. Here are some of the top tips:

  • Find a way to tell your story – Crowdfunding investors are really looking for financial statements and revenue numbers; they can go to public companies for that. Crowdfunding investors are looking for a story that inspires them to believe that the company might be the ‘next big thing.’
  • Invest in the effort to tell your story well – Lawyers, accountants, and other professionals are indispensable when it comes to getting a company ready to sell its securities to investors. If you would not perform open heart surgery on yourself, why would you try to act as your own lawyer? If you believe that your company has the potential to be the next big thing, act like it by hiring professionals who can help you.

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Client Focus: EasyVote Solutions Powers the Vote

Our good client, EasyVote Solutions, has had a great year of growth and is gathering recognition for its early vote management solutions.

EasyVote Solutions was recently named one of the TAG Top 40 Innovative Technology Companies. EasyVote’s SaaS solution creates efficiency in the people, equipment and financing that support democracy across 85 Georgia counties and eight other states.

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SEC Publishes Investor Guide for Crowdfunding

As part of its commitment to consumer education the U.S. Securities and Exchange Commission has published an Investors Guide to Crowdfunding.

Referring to the upcoming May 16, 2016, start date, the SEC's publication is in an FAQ format, hoping to address questions that investors may have by providing a guide to the SEC's crowdfunding rules under Title III of the 2012 JOBS Act: 

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