We are proud to announce that our client, Punchbowl News, has successfully acquired data software company Electo Analytics. Punchbowl News, a subscription-based digital news service, was founded in 2021 by former Politico correspondents Jake Sherman, Anna Palmer, John Bresnahan, and Rachel Schindler. Since its inception, Punchbowl has become widely known for breaking news stories such as the Capitol riot, the death of Senator Dianne Feinstein of California, and the ouster of Speaker Kevin McCarthy.
Punchbowl News bolsters its expansion strategy with the acquisition of Electro Analytics, a company specializing in comprehensive legislative data analysis. This strategic move positions Punchbowl to enhance its subscription-based services by seamlessly integrating Electro Analytics' data, providing readers with even more insightful content.
SA&M attorneys advising Punchbowl News on the transaction were Greg Akselrud, Gary Chen, and Jonathan Simmons.
New York Times’ coverage of the transaction can be found here.
For more information about SA&M’s Internet, Digital Media & Entertainment Practice, click here.
The Preccelerator™ Program was recently featured in a Los Angeles Business Journal Special Report on some the biggest accelerator and incubator programs in the Los Angeles area. The Preccelerator™ Program was featured alongside Cedars-Sinai Accelerator, the Disney Accelerator, Starburst Aerospace’s Accelerator, MuckerLab, and Science Inc.
To see the full list, click here.
The firm is pleased to announce that Partner Greg Akselrud has been named in Variety’s 2023 “Dealmakers Impact Report.” The acclaimed annual report highlights leading negotiators responsible for pioneering significant deals that have shaped the entertainment industry. Greg has been acknowledged for the third consecutive year, a testament to his unparalleled expertise.
Greg’s full profile in Variety’s “Dealmakers Impact Report” can be found below.
By: Jake Grogin
Senate Bill 533 is a new law requiring certain workplaces to have written violence prevention plans and employee training programs, which Governor Gavin Newsome signed into law on September 30, 2023. SB 533 makes additions and updates to section 527.8 of the California Code of Civil Procedure, sections 6401.7 and 6401.9 of the California Labor Code.
The only workplaces that are not covered by the law are:
Thus, any workspace accessible to the public, such as a retail store, or a workspace not accessible to the public with 10 or more employees, such as a traditional office setting, is covered by the law.
The law has two major requirements: a written violence prevention plan and employee training programs.
The workplace violence prevention plan, which may be incorporated into a company’s injury and illness prevention plan, must be in writing and include, among other things:
The initial employee training required under the new law must be provided when the plan is
first established, no later than July 1, 2024, and annually thereafter. The training must include, among other things:
The law will be enforced by the California Occupational Health and Safety Administration (Cal/OSHA) and violations will include civil penalties and misdemeanors.
Additionally, existing law allows for an employer, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order on behalf of the employee. SB 533 will amend the law to add the ability for a collective bargaining representative to file a restraining order on behalf of the employee, and before filing for the restraining order, the employer or collective bargaining representative must provide the employee who has suffered unlawful violence or a credible threat of violence with an opportunity to not be named in the temporary restraining order. The temporary restraining order may still be sought by the employer without naming the victimized employee.
**This client alert does not create an attorney-client relationship with any person. The information contained in this client alert is provided for general informational purposes only and should not be construed as legal advice on any subject matter. The content is not intended to be a substitute for professional legal counsel or services. Should you have any questions or require clarification on matters discussed in this alert, we encourage you to contact our firm.
Stubbs Alderton & Markiles (SA&M), led by Greg Akselrud and Simon Leefatt, served as lead corporate counsel to Altius Sports Partners (ASP), a market-leading advisor to collegiate athletics departments, in its acquisition by underdog & company, an innovative marketing services firm. This acquisition represents a significant milestone for both ASP and underdog, propelling ASP, whose team will stay intact, into a new era of growth and innovation, and building on underdog's strategic partnership with private equity firm NewSpring Holdings.
Since its establishment in 2020, ASP has been a trusted advisor to collegiate athletics departments, offering industry-leading education, strategic guidance, and execution support in response to the evolving landscape of college sports. ASP has played a crucial role in areas such as Name, Image, and Likeness (NIL) programs, benefiting over 35 partners, including nearly half of the Power Five institutions. The ASP Brands division also collaborates with notable companies like Powerade, Shake Shack, and NBC Sports Group in executing national marketing campaigns featuring college athletes.
The acquisition of ASP by underdog will create new opportunities and aim to increase value for schools, athletes, and brands.
To read the full press release, click here.
Daniel Rozansky and Michael Bernet recently hosted a myLawCLE program entitled, “Protecting Image and Likeness Through Trademark Law (2024 Edition).” The insightful program guides attorneys through the nuances of current trademark law, including protections against false endorsement claims, the classification of the right of publicity, and the role of “public recognition” in claims.
Interested attendees can register through myLawCLE to view the on-demand video and earn CLE credit. Click here to learn more about the program.
By: Oral Caglar
Venture funding has continued its decline since starting to fall in 2022. If you’re building a start-up, you need to channel your cash and effort for greatest impact. Where should you spend early to protect your critical technology and intellectual property (IP), and where can you defer? Here are some suggestions.
Think about what IP is most important to the business you want to grow into. What technology and data do you expect to use? What forms your “moat” to differentiate you, and what IP rights widen that moat? Is technology itself your product or service, or does technology enable you to better provide your products and services? Developing an IP strategy requires you to understand the types of IP and data protection, and then identify which types best align with your business’s priorities.
Execute agreements with your founders, employees, contractors, and collaborators to secure rights to technology that your company will create or use. Each founder should sign a Founder’s Assignment Agreement granting your company rights to technology each develops or controls. Your employees and independent contractors should sign agreements ensuring that your company owns any technology and data they develop within the scope of their employment or contract work. This should be in Proprietary Information and Inventions Agreements (PIIAs) for employees, and Services Agreements or Consulting Agreements for contractors. If you will be using technology controlled by another company or person, enter into an Assignment of Rights or License Agreement to secure the rights you need. If you’ll be collaborating in technology development, be sure that your Collaboration Agreement or other controlling document secures rights you need consistent with your strategy.
Confidential information (also known as proprietary information) has economic value because of its nonpublic status. Confidential information that comprises a trade secret receives additional protections, even within your company. Have your employees, advisors, and contractors agree to terms to protect confidential information they receive from you or on your behalf. For employees, these terms should be in the PIAA or Founder’s Agreement. With potential business partners or contractors, you’ll need a Nondisclosure Agreement (NDA) or confidentiality terms in your business agreement with them. Whichever agreement you use, you need to restrict use of confidential information to be solely for the benefit of your business, and restrict disclosure of confidential information unless authorized by you. Also, establish policies and procedures to mark all confidential information, secure it physically and electronically, and limit access to persons having a legitimate business need. Use common sense; for example, for videoconferences, control attendance and keep sensitive information out of view. Finally, keep your people informed of confidentiality obligations for information they receive from their work for the company.
Protecting trademarks should be an early priority. Trademarks can protect company names, logos, slogans – almost anything that can identify the source of products or services. Even smell (Play-Doh), sound (Intel) and color (Pepto-Bismol) can be protectable. If you are developing a brand identity based on the name of your company, product or service, have a trademark search firm or legal professional perform a preliminary trademark (or “knockout”) search to determine whether using your name could lead to confusion with marks used by others. Identify marks that minimize confusion, and file trademark applications for them covering your intended goods and services. If you aren’t using the trademark yet, file an “intent to use” application, which gives you at least six months to demonstrate use of your mark in commerce – on packaging, marketing materials, or otherwise. The Trademark Office then examines your application and determines whether you meet the legal requirements to register your mark.
Copyrights protect original works of authorship that are in a fixed, tangible format. They can include software, written and graphic works, and even designs and sound or video recordings. Copyright gives you exclusive rights to use, copy, distribute, and make derivatives of your work. You have these rights whether or not you register your copyright, but registration provides advantages in a dispute over ownership. Though it’s low cost, registering copyrights may not fit your IP strategy. For example, copyrighting your software may not be appropriate if you are using open-source software, or if you produce content that has high turnover. The registration process is straightforward: you file an application online with the Copyright Office and include a copy of the work; for example, text, at least part of source code, or a design image.
Patents are exclusive rights to your invention for twenty years from the date you file your application. An invention can be any discovery, process, machine, or composition, or an improvement of these. To be patentable, your invention must be not only new, but also “nonobvious.” You’ll need a patent agent or attorney knowledgeable in the relevant technology to prepare and file an application disclosing enough about your invention to enable someone to make or use it. Patent applications are complex, not cheap, and can take years to issue. The role of patents in your IP strategy depends on your business model. Some businesses leverage patents to resist potential competitors or demonstrate value to investors. Others focus on marketing and first-mover advantage, or prefer to keep inventions as trade secrets. Even if you aren’t sure of your patent strategy, have your personnel maintain lab or development notes (especially when meeting with business partners) and complete invention disclosure forms with details and dates of creation. Also consider filing provisional patent applications, less expensive “placeholder” applications that include the details of an invention, without the formal requirements for a regular application. A provisional application gives you a year to have a regular application prepared from the provisional application’s contents.
Everything discussed above matters, but the biggest bang for your start-up buck doesn’t come from agreements or government documents. It comes from a company culture of IP awareness and protection. Communicate your IP strategy to your people so they understand that protecting your IP assets is key to your business’s success. Keep them informed about their role in developing and protecting IP, so that each of them helps drive your business’s IP strategy.
Stubbs Alderton & Markiles, LLP has been ranked by Best Lawyers in the 2024 Best Law Firms® guide, an esteemed recognition in the legal industry. The firm received national and Los Angeles metropolitan rankings in the practice areas of:
Best Law Firms is a tiered ranking, highlighting a unique combination of quality law practice and breadth of legal expertise. Firms honored in the 2024 guide have achieved professional excellence with persistently impressive ratings from clients and peers.
Stubbs Alderton & Markiles is proud to announce that its client Equatic Inc.’s technology, which leverages seawater to capture and store atmospheric CO2 while producing green hydrogen, was recently named a top invention by Time Magazine.
Equatic’s technology, developed at UCLA's Institute for Carbon Management, showcases the incredible potential of innovative solutions in combatting climate change. The remarkable process accelerates and expands the ocean’s natural ability to reduce and remove atmospheric carbon dioxide.
We are honored to be associated with Equatic and its innovative efforts.
To read more about the recognition, click here.
Updated on Feb. 28, 2024
Equatic is expanding its efforts after successful pilot launches in Los Angeles and Singapore, with plans for a $20 million full-scale demonstration plant called "Equatic-1." Supported by Singapore’s national water agency PUB, the National Research Foundation (NRF), Singapore, and UCLA’s Institute for Carbon Management (ICM), the project aims to build the world’s largest ocean-based carbon dioxide removal plant in Tuas, Singapore, over the next 18 months. The endeavor involves a multi-disciplinary team from ICM and Equatic focused on scaling up the technology and conducting research at PUB’s research and development facility.
To read more, click here.
Taylor Osher was recently invited to appear on a panel at USC Dornsife’s Women in Economics Semi-Annual Fall Forum on September 28th, 2023.
The panel which was moderated by the Chair of Women in Economics, Deborah Senior, spotlighted alumni across various industries diving into the nuances of their career paths. Along with Taylor, panelists included Ani Geragosian, Account Executive at Slack; Alissa Dubetz, Director at CVL Economics; and Amanda Levy, Vice President at Evoke Advisors.
Mark Brutzkus was recently quoted in 1851 Franchise Magazine’s article “What Are the Legal Risks of Owning a Franchise Business?” which outlines the legal considerations franchise owners must be aware of when establishing their entity including elements of the franchise agreement, federal and state regulations, royalties and other fees, and renewal and termination terms.
A major component of the franchise agreement includes trademark and branding standards which can result in a breach of contract or trademark infringement if not adhered to. Mark explains, “In a franchise agreement, it is important that the franchisor is the owner of, or has the legal right to use, the franchise’s intellectual property, including trade names or trademarks. Also, it is critical that the franchise agreement contains provisions to keep trade secrets, i.e., ingredients of a secret sauce, confidential and not disclosed.”
Read “What Are the Legal Risks of Owning a Franchise Business?”
Join Stubbs Alderton & Markiles on Wednesday, September 20, 2023, for our next Investor 360 roundtable interview with Mike Stone of Sunstone Management! Mike will speak about Sunstone Management’s investment thesis, current investment climate, startup advice, and more. There will be ample opportunity for questions at the end of the interview!
To register, click here.
About Mike Stone
Mike Stone is a partner and Chief Investment Officer of Sunstone Management, Inc., a private capital investment firm in Irvine, CA focusing on applying resources from public sector, private enterprises, and universities to help founders succeed at early-stage startups. Prior to joining SMI in 2022, he was the first vice president at Morgan Stanley advising high-net-worth clients on portfolio construction, including venture capital and impact investments. Prior to that, he was vice president at Alliance Bernstein serving institutional and high-net-worth investors. Prior to joining Bernstein, Stone held account executive and managerial roles from 1996 through 2005, including at Oracle and Siebel, advising Fortune 500, midsize companies, and startups on automation in support of strategic initiatives. He also served on the technology advisory group of US Congressperson Jim Davis. Before that he worked in consulting and engineering roles, including two startups, and published articles on information technology; he began his career as an officer in the Marine Corps working in software development. Mr. Stone has a Master of Science from the University of Southern California and is a CFA charter holder.
About Sunstone Management
Sunstone Management is a diversified private capital firm located in Southern California that invests in diverse early-stage technology entrepreneurs who seek to build great companies. They believe in the aspirational power of the American economy to attract and inspire investors and entrepreneurs from throughout the world. They deliver new and exciting opportunities for economic growth through the creation of innovative public-private partnerships, and unique experience across government, education, and private sectors.
September 20, 2023
12:00-1:30 PM
In-Person Event:
1316 3rd Street Promenade, Suite 107
Santa Monica, CA 90401
Join Preccelerator U™ for our next workshop: A Crash Course in Startup Finance
Join us for an interactive workshop on startup finance, which is an intensive and engaging workshop designed to equip aspiringentrepreneurs, early-stage startup founders, and business enthusiasts with essential knowledge and skills related to startup finance. This workshop aims to demystify financial concepts, empower participants to make informed financial decisions and provide practical insights into managing the financial aspects of a startup.
To register for the Zoom event, click here.
Preccelerator U™ Workshop
September 12th, 2023
12:00 - 1:30 pm (Zoom)
The Firm’s Preccelerator™ Program recently co-hosted a local facet of the 2023 TiE Global Women Competition Pitch Event in conjunction with the TiE SoCal Women Leadership Committee. Over 10 women-founded and co-founded startups competed in the local competition, with the winners advancing to the 2023 TiE Global Women Competition in Singapore.
The annual global competition invites female founders across various industries to pitch to a panel of investors and entrepreneurs. Winners of regional chapters will compete against each other in a final round for a cash prize. TiE SoCal chapter winners include: First Place: Valence Vibrations; Second Place: Candoor; and Third Place: Emo. Congratulations to all the startups who participated in this outstanding event.
Stubbs Alderton & Markiles, LLP is pleased to announce that eight lawyers have been included in the 2024 edition of "The Best Lawyers in America” in the following practice areas:
Additionally, eight attorneys were selected for inclusion on the “Best Lawyers: Ones to Watch” list, which spotlights younger attorneys who have achieved outstanding professional excellence.
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence due to its rigorous selection process.
The Firm’s Preccelerator™ Program recently hosted a Demo Day where attendees had the opportunity to learn more and interact with leading companies across various industries. The featured guests included Katsh Digital ID, Freedom Chat, ClickandPredict, LumiRx, and SiBi.
DMN8’s Eddy Roche also gave a keynote address, explaining his entrepreneurial journey in creating a tight-knit community that inspires everyone in it to be their best selves.
To read more about this event and its guests, click here.
Featured Speaker:
Eddy Roche is an entrepreneurial force of nature. Coming from Australia to the US in his 20s, Eddy weathered many failed startups until he started to follow his passion of helping people feel their best through fitness. His outgoing personality and love for getting people moving led him to form DMN8, LA's first outdoor fitness movement and community. DMN8 has already served thousands of people in LA, and it has an extremely unique way of making everyone who steps foot in this outdoor gym feel like instant family.
Eddy will share how his winding entrepreneurial journey led to him to founding DMN8 and his secret sauce to creating a tight-knit community that inspires everyone in it to be their best selves.
To register, click here.
Preccelerator™ Program Demo Day lineup:
Katsh Digital ID is a Los Angeles-based technology company that aims to reinvent Identity Access Management by making personal information useless to scammers. We help businesses eliminate Identity Theft liabilities and give consumers the power to grant unique access to their sensitive information.
Freedom Chat is a next-generation messaging app that keeps your conversations completely private with end-to-end encryption, no storage of messages on the server, and no commercial use of user data. It is designed for people who want absolute privacy and freedom from any form of surveillance.
ClickandPredict is like Fantasy Football for buzz-worthy events in politics, pop culture, and Esports. We love the camaraderie that sweeps through the office or friend group when everyone has a stake in the NCAA tournament, World Cup, etc. We want to make it possible for people to predict more events together. We’re excited to share our passion for games with a bigger audience.
LumiRx is a revolutionary technology platform that is transforming the pharmaceutical and medical industries. Our cutting-edge app and NFC chip technology provide real-time tracking and monitoring of medications and medical devices, ensuring safety and authenticity throughout the supply chain.
SiBi aims to simplify the process of finding desirable high-quality secondhand clothing. Our platform uses API integrations to connect buyers with pre-loved fashion items. For merchants, SiBi seamlessly syncs inventory and extends their reach across multiple platforms, saving them valuable time and effort. Join us in reshaping the way we shop for sustainable fashion!
To register, click here.
Date:
August 10, 2023
5:30-8:00 PM
Nick Rozansky recently spoke with Sourcing Journal about the intricacies of H&M's high-profile copyright infringement lawsuit against Shein. The fashion giant, H&M, asserts that Shein has unlawfully replicated multiple designs, prompting them to take legal action. Notably, the case has been brought before a Hong Kong court, adding a unique international dimension to the dispute.
Nick told Sourcing Journal that the choice to file the suit in a Hong Kong court was a “big distinction.” Nick speculated that this choice was made because China might not recognize a Western court’s decision, but would enforce a ruling made by a Hong Kong court.
This suit comes not long after independent artists sued Shein in California, claiming Shein’s actions violated the RICO Act. Nick explained, “It can be very, very powerful because there are major penalties associated with RICO.”
Read “Shein, Facing H&M Lawsuit, Wants AAFA’s Help on De Minimis Reform”