E-Commerce

Starting an E-Commerce Business in Texas

June 30, 2023 | Structure Law Group, LLP

Many people nowadays are buying various goods online, which makes e-commerce businesses very attractive ventures for individuals all over Texas. When a person is considering starting their own e-commerce company, they will want to be sure they are working with trusted Austin, TX e-commerce attorneys.

In general, an e-commerce business will be a company operating either in full or in part over the internet that generates most of its revenue from online transactions. Licensing is one major concern for most e-commerce companies.

Basic E-Commerce Checklist

OCC Approves Use of Cryptocurrency for Payments

January 6, 2023 | Mark Figueiredo

Digital currency is becoming an increasingly popular way of conducting business, particularly due to the rise in contactless payments brought about by the COVID-19 pandemic. The Office of the Comptroller of Currency (OCC) has issued new guidance to ensure that financial institutions use digital currency safely. The OCC’s requirements include the need for banks to understand the risks associated with digital currency, to have an effective risk management program in place, and to ensure that anti-money laundering and consumer protection laws are followed.

Business owners should make sure they understand the OCC’s requirements and how they affect their business. Structure Law Group, LLP’s California corporate lawyers can help business owners stay compliant with the OCC’s requirements and ensure they are safely engaging with digital currency. Our highly skilled corporate lawyers can also provide advice on how to protect your business from potential risks associated with digital currency transactions. Learn more about the OCC’s requirements, what they mean for business owners.

What the OCC Rule Says

Understanding NFT’s – What You Should Know Before You Buy

May 6, 2022 | Mark Figueiredo

NFT’s are a popular new digital asset. Here in Silicon Valley, tech-savvy business owners want to be at the forefront of this cutting-edge technology. Like an asset, however, it is important to understand the product before investing in it or pouring resources into it for technical development of some new business venture. Poor investments can leave business owners to answer to disgruntled shareholders, investors, employees, customers, and even government regulators, including lawsuits, class action suits, and regulatory or administrative investigations and action. Learn more about NFT’S – and what your business needs to do to invest in them safely.

What Are NFT’s?

NFT stands for “non-fungible token.” An NFT is a unique piece of digital artwork that is sold online. As with cryptocurrency, NFT ownership is recorded in a digital ledger on the blockchain of some type. NFT’s can be resold. Because of this, an owner can capture appreciation by reselling the NFT’s. NFT’s can also be used for secondary transactions and capturing royalty related to a piece of art or subscription.

The Securities and Exchange Commission (SEC) Amends Its Rules Affecting Investors

December 10, 2021 | Mark Figueiredo

After the Securities and Exchange Commission (SEC) amended its “accredited investor” definition in August 2020, it amended its rules once again in November of the same year. In its latest rule amendments, the SEC increased the annual caps on equity crowdfunding and raised the maximum offering amounts for Reg A+ offerings and Rule 504 of Reg D offerings.

In November 2020, the SEC amended its rules to expand investment opportunities and promote capital formation while also strengthening protections for investors in the United States. Some of the most significant rule amendments included:

Amend the rules governing the integration of private and public offerings to permit concurrent private and public offerings;

When Should Preferred Stock Be Converted into Common Stock

January 4, 2019 | Mark Figueiredo

When Should Preferred Stock Be Converted into Common Stock

Many start-up corporations offer shares of stock in order to attract prospective employees and investors. Although there are several different types of stock out there, the two most common types include preferred stock and common stock. For more information about these types of stock, as well as the advantages and disadvantages of both, you should contact the experienced San Jose transactional attorneys at Structure Law Group today.

Preferred Stock

What are Securities Laws?

June 29, 2018 | Mark Figueiredo

Securities law is something you might hear in the news because of some violation or in relation to white-collar crime. With the wild ride that the stock market, including the gradual introduction of permissible, legal trading of cryptocurrencies (like bitcoin) and tokens from initial coin offerings (“ICO’s”), has securities laws a popular, researched and well-debated topic among entrepreneurs, businesses, investors, lawyers, and regulators. But, what are these laws? Securities laws are detailed and complex laws that govern securities. Below, we discuss some of the basic concepts of securities laws. For more information, contact a Mountain View transctional attorney today.

Understanding Securities

A security is a common word used in investment circles. It is a broad term that refers to the instrument used in certain transactions, financing or investments that are sold in various financial markets. The Supreme Court uses the Howey Test to determine whether a transaction represents and investment contract (and thus a security) by using the following definition of when an investment contract is a security: “a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party.” Examples of securities include:

Drafting Website Terms of Use – Part II

April 28, 2017 | Structure Law Group, LLP

Previously on this blog, we discussed two important matters relating to the formation of the Terms of Use on your business’s website: avoiding using boilerplate language in favor of terms tailored to your specific business and having a privacy policy regarding the collection of customer information. The following are two more important things to consider during the process of drafting and posting your website’s Terms of Use.

Have Clear Sale Conditions

Many companies use their website to conduct online sales. No matter what your product is or the size of your operation, failing to have clear conditions of sales on your Terms of Use can result in disputes and even legal claims. The terms of a sale should be in clear language that the customer can read and agree to prior to making a purchase. Some terms to address in this part of your Terms of Use include the following:

What do I do if I have a Data Security Breach?

April 14, 2017 | Mark Figueiredo

As a business owner, you should take every possible precaution to ensure that the information of your clients, customers, and employees are safe. However, as many corporate owners will tell you, even the most well-prepared companies – large or small – can be the victims of data breaches. One precaution to protect your company from these data security breaches is to seek counsel from an experienced California e-commerce attorney from the start. The following are only a few steps you may want to consider taking if a data breach happens to your business:

Take Immediate Action

The minute you learn of any type of breach, you should start working to repair the leak. You can do a lot of damage control by immediately addressing security flaws and securing the rest of your data. You should identify which servers have been affected and the nature of the data on those servers.

Integrating Social Media Into My Business

March 24, 2017 | Structure Law Group, LLP

If you are looking into ways to market your business online, you have undoubtedly come across articles extolling the virtues of social media marketing. Sites like Facebook, Twitter, and LinkedIn allow businesses to target certain groups of consumers with pinpoint accuracy, interact with them directly, and build brand recognition. Furthermore, there are often no costs associated with creating social media presence for your business and there are certainly ways to engage in social media marketing without spending money on paid ads. If your business posts a piece of content that goes viral, it could easily result in millions of views from individuals who may become paying customers or clients.

Unforeseen Liability

Before you rush out to join the social media marketing frenzy that is in progress, you should consider some of the legal issues that may be implicated. The good news is that it is completely possible to engage in social media marketing without incurring legal liability; it is important, however, to determine whether there are any legal problems that could potentially arise. Here are some of the potential issues to consider:

Drafting Website Terms of Use – Part I

February 17, 2017 | Structure Law Group, LLP

The Terms of Use for a website is critical to maintaining control of how users access and use the information on the website, and in limiting liability for unapproved uses. Regardless of whether users actually read the Terms of Use – many don’t because it typically contains complex legal jargon – the Terms of Use binds users to its terms by virtue of their use of the website. The Terms of Use constitutes a contract between the business and the customer. That legal jargon protects from liability from users and allows control over the information contained on the website.

Businesses with an online presence — whether it be social media, e-commerce, mobile, static or interactive site — should always craft a carefully written Terms of Use. These terms are written to include a variety of different subjects relating to the business, the customer, information that is exchanged, information received and how that same information may be used.

Avoid Using Boilerplate or “One Size Fits All”