As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media accounts of employees and prospective employees.  It goes to the House floor tomorrow.
As we originally reported, on December … Continue Reading

My friends in the start-up community are excited about recent headlines suggesting the SEC has greenlighted crowdfunding.  Leave it to the lawyer in the crowd to suggest they temper their excitement.  As lawyers, we are used to telling people to be careful.
The News
The headlines come from two SEC actions that appear to allow AngelList and … Continue Reading

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.”  I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never that simple. 
The general rule is advertising cannot be deceptive – which means … Continue Reading

BREAKING NEWS:  Crowdfunding is legal.  Sort of.  Before you start soliciting for investors on Facebook, you need to know that general solicitations to sell equity to your company not listed on the stock exchange or otherwise registered is still illegal.  That doesn’t mean you can’t engage in some form of what is considered crowdfunding.
I recently took … Continue Reading

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees.  Texas joins a long list of states that have either passed or proposed similar legislation. 
On December 21, 2012, HB 318 was pre-filed.  Democratic State Senator Chuy Hinojosa filed the exact bill with the Senate as SB 118.  … Continue Reading