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As featured in:
Why Online Contracts Are Eating the Law
Online contracts are a farce. Everyone knows they’re a farce. But every year, more areas of the law are consumed by the law of online contracts. — In 2011, Marc Andreesen wrote a landmark blog post called, “Why software is eating the world.” It was so prescient that the phrase is now embedded in the … Read More
Can an LLC use a SAFE?
The short answer is: That’s not what they were designed for. The longer answer is that you shouldn’t use a standard SAFE note to raise capital with an LLC, because it specifically contemplates a type of investment that LLCs cannot do. Namely, a priced, preferred stock round with a venture-capital firm. Most venture capital firms … Read More
I Want to Limit My Liability to the Maximum Extent Possible
One of the more common refrains I hear from clients is the phrase “I want to limit my liability to the maximum extent possible.” And I think most lawyers are thrilled when they hear this, because it means the client is risk averse and wants legal services. But the expression always gives me pause. I … Read More
Recent Blog Posts and Writing Featured on Other Sites
Time to catch up on cross referencing some of my more recent writing and blog posts on other sites. Last fall, I wrote two big pieces on Eric Goldman’s Law and Technology Blog. The first breaks down the key summary judgment ruling in the hiQ Labs, Inc. v. LinkedIn Corp. case. The second breaks down … Read More
Beware of Web Scrapers Selling the Law of Web Scraping
One of the main reasons I first became interested in the law of web scraping was because of how hard it was to find reliable information about it. Years ago, I had a client with a big web-scraping project, and they asked me to research whether what they were planning on doing was legal or … Read More
Legal Rules vs. Legal Norms for Web Scraping
Every time I drive my car, I follow the same algorithm for how fast I drive. If I’m driving on a highway or an open road, I drive between 6 and 9 miles over the speed limit. If I’m driving in a neighborhood or near a school, I drive 3 to 4 miles over the … Read More
A Comprehensive Guide to the Law of Online Contracts
Date of Last Update: April 25, 2022 TL;DR This is a long article (nearly 13,000 words!) about a complicated subject. It provides substantial amounts of historical context and legal analysis. You might not care about any of that. But you can read the bolded sections and the infographics, and you’ll get gist of it. One … Read More