Tag: VenJuris

• CAN-SPAM Act – Dealing with Unsolicited Email

  

  If I meet you and you add me to your mailing list without asking my first, I’ll be annoyed but I’ll give you a few emails to show how you add value to my life. But if we’ve never met and you’re sending me unsolicited email, I don’t like you. It’s because of people in the latter category that I’m glad we have the CAN-SPAM Act.

  The CAN-SPAM Act is a federal law for sending ads via email and text messages. It says you can’t use false header information or deceptive subject lines and you have to identify your message as an advertisement. This law also requires you to make it easy for people to unsubscribe from your list. The instructions for unsubscribing must be clear, conspicuous, and easy for an ordinary person to recognize and understand.

  This law is easy to follow, which is probably why I find it so annoying when companies violate it. The biggest mistake I see people make is creating a mailing list without and unsubscribe option – usually because they don’t use a service like Mail Chimp that has this option built-in.

  What’s the worst case scenario if you violate this rule? A $16,000 fine per email you send in violation of this law.

  So what can you do if you’re getting spam email and you want to report the person? Forward the spam email to the Federal Trade Commission at spam@uce.gov. Their site On Guard Online has some other useful tips for managing and reducing the amount of spam email you receive.

  I work with a lot of entrepreneurs and I occasionally meet someone who doesn’t understand the business and legal dos and don’ts of email lists. Most of the time a corrective email to the person is enough to stop their behavior. (Footnote: Too many marketing “gurus” are telling entrepreneurs to add everyone they meet to their mailing list without getting consent. Stop encouraging poor etiquette and rudeness! You’re making new business owners who follow your advice look bad.)

  Unfortunately, the friendly corrective message doesn’t always work. Recently I received 7 unwanted unsolicited spammy advertisements from a company that claimed to be member of a business organization I belong to. I let it go initially because the association itself is awesome, as are the majority of other members I’ve met at events. But then I heard through a trusted source that this company is continuing this behavior despite being told to stop. (They allegedly claim that what they’re doing isn’t wrong.) If they won’t listen to reason, perhaps they’ll listen to the feds. I forwarded all 7 emails to the FTC. Hopefully that will fix it.

  I’m all for people behaving properly online. If you want to chat more about this topic, please contact me directly or connect with me on social media via Twitter, Facebook, YouTube, or LinkedIn.

  May 5, 2015

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  Ruth Carter

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  Internet law

  Arizona internet attorney, CAN-SPAM Act, Carter Law Firm, Federal Trade Commission, how to report CAN-SPAM violation, Phoenix business law, report spam email, Ruth Carter, social media law, VenJuris

• Lawyers Protect you during a Business Divorce

  

  Over the last six months I’ve worked with a handful of companies that were experiencing major changes in regards to how the company is operating and who the owners are – usually resulting in one or more owners buying another one out. Sometimes the owners realize that they no longer have a shared vision and can work together amicably to resolve the situation so they can each move forward in their professional lives and sometimes it’s quite contentious. I often call the situations “business divorces.”

  When these situations happen, it’s helpful to get a business lawyer involved early in the process. You may only need in our consultation to discuss the situation in your proposed plan of action. Your lawyer can act as a neutral third party who doesn’t have invested ego in the outcome of the situation. Invite your lawyer to review your company’s operating agreement or bylaws (hopefully you have these) and remind you of what courses of action you previously agreed upon in this type of conflict (assuming you made these decisions when you started the company) and how to change the status of your business with your state’s corporation commission.

  Most business owners I know don’t want to think about the worst case scenario when their businesses are just getting off the ground and everyone is optimistic about the future; however, this is the best time to have this conversation and document it because this is when you are most likely to be thinking about what is fair and what is in the best interests of the company. If you wait until there is a conflict to try to have this conversation, you’re more likely to get into a battle of wills where people are more interested in what they want and/or hurting the other person.

  Additionally, if you are going through a “business divorce” expect it to take longer than you’d like. There may be valuations that need to be performed on the company, documents that need to be reviewed by your lawyer or accountant, and a custom contract drafted between you and your future-former-co-owner. This may involve a significant amount of negotiation and revisions.

  I actually enjoy drafting these documents to shift the ownership of the company, especially when both sides are represented by counsel. Each lawyer is an advocate for their client’s concerns without it having to be a combative situation. And we can shield our clients from the tribulations that would likely result if they tried to reach a resolution on their own. Ultimately we both want the same thing – a change in business ownership and clients who are satisfied with the outcome.

  If you are in a situation where the arrangement with your fellow business owners is no longer effective, please contact me or a business lawyer in your community. If you want to connect with me on social media, you can find me on Twitter, Facebook, YouTube, or LinkedIn.

  April 28, 2015

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  Ruth Carter

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  Business Law

  Arizona business attorney, business contracts, Business divorce, buy/sell agreement, bylaws, Carter Law Firm, entrepreneurship, negotiation, operating agreement, Phoenix business lawyer, Ruth Carter, starting a business, VenJuris

• Exciting News: I Joined Venjuris!

  

  A few months ago I made the important decision to join a law firm in Phoenix called Venjuris. The firm used to be Venable Campillo Logan and Meaney but they recently rebranded. I’m excited to combine forces with them. I’ve been getting settled in to my new office during the last two weeks and getting hooked into their computer file and billing system. I’ll be seeing clients again starting next week. Check out my new bio – I’m blonde!

  Will the Type of Work I Do Change?
  Not really. I will continue to work on copyright and trademark matters; website terms of service; business formations; contract negotiation, drafting, and review; and offer consultations for clients who need help with related to business, intellectual property, social media, and flash mob law issues.

  What do my New Colleagues Do?
  Venjuris is mostly an intellectual property firm. They do patents, copyrights, trademarks, and licensing. We also have an attorney who does intellectual property litigation. They also do a lot of international intellectual property work. They’re all awesome people. (I wouldn’t have joined the firm if they weren’t.)

  What will happen to Carter Law Firm?
  Nothing! I will continue to do professional speaking and writing under Carter Law Firm, but all new client matters will be handled under Venjuris. I’ll continue to write blog posts and make videos for Carter Law Firm on at least a weekly basis and I’m putting more energy into public speaking. I have gigs lined up for San Francisco, Las Vegas, and London in the first half of this year and, of course, I’m doing The Undeniable Tour starting in March.

  I will be revamping this website to shift the focus to speaking, writing, blogging, and vlogging during the next few weeks (maybe months). But in terms of what I do and how I do it, not much will change.

  Where’s my New Office?
  1938 East Osborn Road, Phoenix, AZ 85016

  Will Rosie Still Come to Work with Me?
  Yes. For now, she’s allowed in the office one day a week. Hopefully my colleagues will see that she’s not a distraction and actually helps me work better and will let her come more often.

  Want to See my New Office? I made a Video!

  How can you Contact Me?
  If you’re interested in hiring me for legal work, contact me at rcarter@venjuris.com.
  If you’re interested in hiring me to write an article or post for you or speak at your event, contact me at ruth@carterlawaz.com.

  Email is usually the fastest way to reach me.
  Of course, you can always connect with me on Twitter, Facebook, and LinkedIn.

  January 14, 2015

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  Ruth Carter

  •

  News

  Arizona law firm, business attorney, Carter Law Firm, Copyright, intellectual property, patent, Phoenix law firm, Ruth Carter, social media law, Trademark, VenJuris