Monthly Archives: December 2017

Crowdfunding 101

“Crowdfunding” offers an option to startups and small businesses to raise capital, although it is a greatly misunderstood and misused term. It refers to the pooling of money from a crowd for the funding of a project or venture, whether utilizing a donation model, reward model, royalty model, debt model or equity model. Securities laws apply when equity or debt securities are offered. In regard to crowdfunding, Congress amended the Securities Act to allow for an exemption from the registration of such securities if the issuer complies with certain rules and restrictions. To implement this amendment, federal crowdfunding rules were …

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Despite Equifax Breach Causes, Social Engineering Still Biggest Threat to Data Security

It’s now been widely reported that the cause of the recent Equifax data breach, which compromised the personal data of perhaps as many as 143 million people, was the result of the company’s alleged failure to apply a patch to fix a known security hole in some open source software (OSS), known as Apache Struts.  But there is now some controversy about whether those reports are accurate or reliable, and some of the early reports have since been retracted.  There is technical complexity about security holes in OSS and application of patches that have led to conflicting viewpoints on how …

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A TCPA Slam Dunk in the Ninth Circuit?

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and get something in return—maybe news updates, maybe a chance to win concert tickets. In this case it was the promise of having your sent text posted at a basketball game. Someone sent a text hoping to see their message on a big screen at a Lakers game, and then shortly thereafter got a text back reading something along the lines …

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