Urban Rights or “Consultants Tell You What You Want to Hear”

About three weeks ago, Ohio State University (“OSU”) Head Football Coach Urban Meyer (“Coach Meyer”) released a statement in which he admitted to speaking “inaccurately” at Big Ten Media Days in July, but was otherwise a model citizen.

You can see my analysis of the positions Coach Meyer took in that statement, as well as his anticipated defenses strategies: HERE.

Last night, Coach Meyer and OSU executed on those defense strategies, taking the path I had suspected: that Coach Meyer was simply too confused by the questions and circumstances of Big Ten Media Days to answer truthfully, and that his actions there and in the past were imperfect, but reflect the (allegedly) muddy facts surrounding Coach Zach Smith (“Coach Smith”) and his wife Courtney.

But now comes the “independent” committee’s report, and given what it shows, it’s somewhat incredible that OSU elected on this path.  (Incredible only if your metric for credulity rests on something other than winning football games, of course.)

Let’s dive in.

Continue reading “Urban Rights or “Consultants Tell You What You Want to Hear””

A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 3)

In the modern, digital world, each of us is asked to read and accept hundreds of pages of terms and conditions governing the way we use our products and services.  While no one could be expected to read every term (especially for entertainment or other “low risk” services), as a specialist in reading and drafting such documents, a lawyer can offer insight into just how they operate (and what rights the average user gives away when they sign on the dotted line). 

In “A Lawyer Reads…”, we’ll take a deeper dive into a few of those little-read contracts, terms, and conditions in an effort to provide just a bit of that insight. 

For more, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

***

Today we finish our reading of the Facebook Data Policy with discussions on data deletion, what happens when the law comes calling, Europe, and more.

Interested in how we got here?  Check out Part 1 and Part 2!

Continue reading “A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 3)”

A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 2)

In the modern, digital world, each of us is asked to read and accept hundreds of pages of terms and conditions governing the way we use our products and services.  While no one could be expected to read every term (especially for entertainment or other “low risk” services), as a specialist in reading and drafting such documents, a lawyer can offer insight into just how they operate (and what rights the average user gives away when they sign on the dotted line). 

In “A Lawyer Reads…”, we’ll take a deeper dive into a few of those little-read contracts, terms, and conditions in an effort to provide just a bit of that insight. 

For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

***

Today we continue our reading of the Facebook Data Policy with some of the most important questions facing the company and its users:  “How does Facebook use your information?” and “How is your information shared?”.

Check out Part 1 HERE.

Continue reading “A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 2)”

A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 1)

In the modern, digital world, each of us is asked to read and accept hundreds of pages of terms and conditions that govern the way we use our products and services. 

While no one could be expected to read every term (especially for entertainment or other “low risk” services), as a specialist in reading and drafting such documents, a lawyer can offer insight into just how they operate (and which rights the average user winds up signing away). 

In our “A Lawyer Reads…” series, we’ll take a deeper dive into a few of those little-read contracts, terms, and conditions in an effort to provide just a bit of that insight. 

For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

***
This week, Facebook CEO Mark Zuckerberg testified before the United States Congress on matters ranging from data privacy to Facebook’s culpability in the fomenting of foreign genocides.

One strand of questioning that persisted throughout the entirety of his marathon interrogation, however, was whether an ordinary user of Facebook’s services could understand the company’s terms and conditions document.  In answering that he didn’t believe that most users read through such “click through” terms, Zukerberg opened himself up to a series of additional challenges.

But how “bad” are the Facebook terms really?

Continue reading “A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 1)”

Financing Term Sheet Deep Dive: Conclusion

Whether you’ve only recently decided to seek out capital for your business or you’ve already received (or made) your first offer, the term sheet (or “letter of intent”) is an integral part of the process.  

In this series we’ll look to shed some light on the legal language contained in that term sheet by taking a “deep dive” into the most often used terms and how choices made in selecting those terms can affect both Company and Investor.  Check out an overview here.

For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

***

Here it is, the end of our “Financing Term Sheet Deep Dive” series.  In this post, we’ll discuss a few “straggler” term sheet provisions and offer concluding thoughts on the whole term sheet/financing process.

As we have these past months, we’ll begin each section by first looking at the model language itself.

Let’s get started.

Continue reading “Financing Term Sheet Deep Dive: Conclusion”

TGIF: May 5, 2017 – The “Delta” Between Service and (Wind) Schear

Despite what you may have heard, lawyers are, in fact, human beings with interests and hobbies all their own. They are not, I repeat not, robots sent from the future solely for the purpose of billing hours, drafting documents, and negotiating terms.  Not all of them anyway.  

In TGIF, I touch on some of my own interests primarily through the lens of the “Rules of the Game”, focusing on the rules and incentives that affect many aspects of our daily lives. I may even crack a joke or two. Hard to say.

TGIF will be published regularly on (surprisingly enough) Friday mornings. For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

***

In the spirit of my last TGIF post, “On Being United“, comes the stirring sequel.

Flight 2222

Editor’s Note: Like most cases tried in the media and not in a court of law, there is a fair amount of dispute regarding the facts on the ground here.  In looking at the issues, I will attempt to keep an even view of the factual possibilities, but keep in mind that stories regularly change as each side gets its say.  The bulk of the facts presented here come from the investigative story posted at heavy.com here.

On April 23, 2017, Brian Schear, his wife, and his 2-year-old son, Grayson, boarded Flight 2222 from Maui to Los Angeles.  The family sat in three separate seats for which they had purchased tickets.

Sometime after boarding, the family was approached by Delta personnel requesting to have young Grayson removed from his seat.  The Delta attendants informed Mr. Schear that they were empowered to make this request because the seat in question was reserved under the name Mason Schear, the family’s 18-year-old son.

Mr. Schear explained to the Delta crew that he had paid for Mason to return to Los Angeles on an earlier flight expressly for the purpose of using the family’s third seat on young Grayson.

He taped the resulting confrontation.

Continue reading “TGIF: May 5, 2017 – The “Delta” Between Service and (Wind) Schear”

Start-Up Entrepreneur Series: Non-Competition

In the Start-Up Entrepreneur Series, I will be taking a deeper look into some of the most common questions early stage founders face in putting together and operating their new businesses.  

The Start-Up Entrepreneur Series will be published each Wednesday morning until conclusion. For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

***

Last week, we discussed agreements designed to protect a Company’s intellectual property.  As part of that discussion, we brought up the concept of “non-competition”;  a provision (or set of provisions) designed to prevent a Company employee or contractor from absconding with the Company’s valuable information.

Today we discuss those provisions in more detail.

Continue reading “Start-Up Entrepreneur Series: Non-Competition”