Category Archives: Uncategorized

SAM Client Alert – Deadline Approaching: Register Your DMCA Agent by End of the Year – U.S. Copyright Office Changes the DMCA Agent Registration Process

Image result for DMCABy December 31, 2017, any online service provider that has registered an agent with the U.S. Copyright Office through the paper-based registration system must submit a new registration using the new electronic system to preserve safe harbor protection under the Digital Millennium Copyright Act (“DMCA”).

The DMCA, among other things, provides a safe harbor for online service providers from copyright infringement liability resulting from content posted on their websites or services by users. To qualify for DMCA safe harbor protection, online service providers must designate an agent to receive notifications of alleged copyright infringement by registering with the Copyright Office and each service provider must list their agent’s contact information on their website.

The Copyright Office’s paper-based registration system has been replaced by an online registration system. All online service providers seeking DMCA safe harbor protection must now register agents using the new electronic registration system. This applies to online service providers that have already designated DMCA agents using the paper-based system.

Online service providers that previously designated a DMCA agent using the paper-based system must resubmit their designations through the new electronic system before the December 31 deadline and renew their designations using this system at least every three years. Failure to register electronically by the end of the year will result in the expiration of existing designations and the loss of DMCA safe harbor protection.

What should online service providers do? All online service providers should submit a new DMCA agent designation using the online registration on the DMCA website by December 31, 2017. The fee for filing, amending or renewing a designation through the online system is $6.00.

How Stubbs Alderton & Markiles, LLP can help. We are a full-service law firm with expertise in intellectual property and technology law. We can help register your DMCA agent designation with the Copyright Office using the new electronic system.

For more information about this or other intellectual property issues, contact SAM Partner Kevin DeBré at kdebre@stubbsalderton.com 

FacebookTwitterGoogle+LinkedInEmail

Preccelerator® Program Announces Its Eighth Class of Companies

​The Preccelerator® Program, a Santa Monica, California-based accelerator program for early- stage startup companies in the digital media and technology space, announced today that it has added its eighth class of companies featuring four innovative startups.

In 2012 Stubbs Alderton & Markiles launched the first-of-its- kind Preccelerator® Program to provide select start-ups with co-working space, mentorship, sophisticated legal services, curriculum and access to a strategic perks portfolio with the objective of helping grow a founder’s idea from business concept to a funded company. Over the past five years, 34 companies have graduated the Program, of which 20 have received funding totaling over $9M.

Preccelerator® Program Class 8 companies include:

Boomer Returns – Boomer is an ecommerce return platform that brings returns to your front door. The company’s goal is to eliminate the pain points in the return process where they hurt online shoppers the most. If you need clothing or accessories returned, you no longer have to leave your home. Instead, you can use Boomer and a reliable person will be at your door within an hour to handle your returns for you. The company is founded by Pat Bauer and Ben Grabow.

Best Food Trucks – Best Food Trucks (BFT) is the largest food truck platform in the U.S., with over 500 trucks booking lots nationwide. BFT is reinventing the office lunch experience, by providing business parks & office buildings with all the logistics of setting up food trucks, booking, and (coming soon) the ability to skip the line and order ahead from your phone. The company is founded by Matt Geller and Kevin Davis.

Lumenus – Lumenus is an IoT safety company, building a Hardware/Software platform using the Internet of Things to provide real-time safety alerts and create actionable insights for both consumers (bike/run/motorcycle) as well as industrial usage (high-risk vocational workers). They license their technology out to existing companies to scale the operation across industries and use-cases. They are currently in production with Timbuk2 on a backpack ‘Powered by Lumenus’ launching Spring 2018. The company is founded by Jeremy Wall.

BluAtom VR – BluAtom VR is a provider of a next-generation motion and haptic game controllers for virtual and augmented reality entertainment and training applications — It effectively turns any player’s body into a game controller. The BluAtom system comes with a wireless motion vest, hand controller and network hub to detect as well as enhance the user’s movements for a more natural and immersive virtual reality experience. The system is plug and play, no special device driver is required. The BluAtom VR founding team are Steve KearsleyDean ShipleyFarzad AhmadkhanlouSean Sharifian, and Mark Thimmig and Sean Lee.

For more information about the Preccelerator® Program, visit www.preccelerator.com.

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP is a Southern California-based business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture- backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent a broad range of industries with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. The firm’s mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of the firm. For more information, visit http://stubbsalderton.com.

About the Preccelerator® Program

The Preccelerator® is a novel platform offered to select start-up companies out of the Stubbs Alderton & Markiles, LLP Santa Monica office that provides interim office space, sophisticated legal services, education,  networking, mentorship and $250,000 in usable perks from Google Cloud for Startups, Amazon Web Services, and HubSpot among others, with the objective of helping grow a founder’s idea from business concept to funded startup. The program also retains more than 50 active strategic mentors providing free office hours and discounted services, and provides over 50-plus educational workshops and networking events each year. The Program expanded in 2017 to accept a greater number of companies in more formalized classes, depending upon where the companies are in their evolutionary growth, expand benefits to accepted companies, and will look to make strategic investments backed by strategic angel investors. To apply to the Preccelerator, visit www.preccelerator.com/application.

Contact:

Heidi Hubbeling
Chief Operating Officer, Preccelerator® Program
hhubbeling@stubbsalderton.com
310-746-9803

FacebookTwitterGoogle+LinkedInEmail

Introducing the Startup Superhero Video Series! – This Week Featuring Scott Alderton on “Positioning Your Company For Financing”

Stubbs Alderton & Markiles and the Preccelerator Program are proud to announce the launch of their Startup Superhero Video Series – featuring SA&M Attorneys, Preccelerator Mentors, and entrepreneurs on topics specific to entrepreneurship and lessons learned throughout the journey.

This week we’re featuring SA&M Managing Partner Scott Alderton as he chats about “How to Position Your Company for Financing.”  Scott is the Co-Chair of the Venture Capital & Emerging Growth practice at Stubbs Alderton, General Partner of SAM CREATV Ventures, and a thought leader in the startup financing space.

 

__________________________

Transcript

Heidi: Tell me a little bit about your practice and experience and what you love most about working with emerging growth companies?

Scott: Sure, I have been doing this for a long time. My practice is broad-ranging. Early on in my career, I was more of a corporate & securities lawyer doing traditional SEC type of work with larger companies. As this thing called the “Internet” began to develop in the ’90s, it looked like it was interesting, I transitioned my practice to being more of a technology and venture capital lawyer. I really like working with companies all along their evolutionary path, but I really like working with early-stage companies. They have diverse, wide-ranging needs, they typically don’t have the resources that large companies have. I feel like I can play a vital role as an advisor even more-so than a lawyer. The lawyering part is the easy job to me, the advising part is really the fun part.

Heidi: Let’s talk a little bit about emerging growth companies and how they approach financing. What are some of the things an early stage company should be thinking about when they are going for funding. If they are really early, how do they attract investors?

Scott: I think it’s really a couple of things. The first thing that every company needs to do is to decide what its vision is and what kind of company it’s going to be. Venture capital is not right for every company and there’s lots of different ways to fund your businesses. The overwhelming majority of businesses do not get funded with venture capital. Venture capital is a way of financing a business through its growth stage. When it has a proven product, when it’s found its market and when it now needs to scale and grow. That’s when venture capital comes in and helps a company do that, but to get to that point is challenging. First you need to decide; am I a company that is going to require venture capital and am I company that is going to address a large scaling market, be disruptive, grow to be very large? That’s a venture fundable business.  Through the early stage, the second thing you need to figure out is  – how am I going to get to the point where professional investors are going to be interested in me? Professional investors are not going to be interested in every company like I said they are going to be interested in companies where they can apply their capital, grow and scale the business.

Heidi: As far as some of the tips that you would give to them, for them to actually attract investors – where do they look for them? Are warm introductions the best thing? What are some of the tactics?

Scott: First of all, don’t look too early. Understand that if you are really going out and seeking traditional, professional investment that you are going to have to have some metrics. You’re going to have to have at least a MVP of a product, you’re going to find a market where that product is being accepted. You are growing and scaling a business in that market. Whether its users or customers – whatever it is – you have to get to that stage first. How do you get to that stage? Well, you get to that stage by raising money from friends and family, from people who know you. From people that are going to invest in you, because you’re the entrepreneur. They believe in you. Relatives, friends, strategic business partners. A second way to look at that is for people who ultimately will be interested in your product, even though you have no metrics or proof of your product today. They will invest in you because they want your product to hit the market. Might be a strategic investment. Figure out a way – come hook or crook-  to raise that initial capital to where you can develop your product. Find a market place and the other doors will open.

Heidi: From a legal and business stand-point, how do they best position themselves?

Scott: Early stage companies by necessity cut corners, right? You don’t have resources. You’re boot strapping. You’re making promises that you can’t fully document. You can’t always afford lawyers or professional advisers and that’s fine. Do not second guess any of that. You got to where you are, but when you reach that point where you are now ready to go out and find professional capital, it’s important to look internally first. That you look at yourself, do the same kind of diligence with yourself that an investor is going to do on you. That way there are no surprises. Figure out capital issues and fix them. Figure out your employment issues and fix them. Figure out your commercial contracts that you have done on a whim and fix them. So that investors don’t look at you and think good concept, but I am not going to take all this risk.

Heidi: There’s another topic that startups tend to think a lot about but aren’t typically fully  educated on – how should they approach valuation and dilution?

Scott: I think that people get hung up on valuation because they have some number set in their mind or they have some experience that they talk about with other entrepreneurs. They think they either have to hang on to a certain percentage of their business or it’s not appropriate to give a certain amount at a certain round. You have to come into a financial transaction with an open mind and understand not just what you’re selling and what you have to give up for that. Also, where you are going and where that money is going to take you? I see entrepreneurs being penny wise and a pound foolish all the time. They think they don’t want to be significantly diluted. They end up throwing a wrench in the negotiation  or they loose a financing deal because they want to hang on to a few points of equity. In reality that money is going to take them so far that they are going to be vast and more valuable. Its a simple proposition of – there’s a pie and you want a piece of that pie. It’s much better to own a smaller piece of a gigantic pie than it is to own a big piece of a small pie.

Heidi: Appreciate you for being here and I’m sure we will have you back for other topics some time soon.

Scott: Thanks, looking forward to it.

______________________

To learn more about our Venture Capital & Emerging Growth Practice, contact Scott Alderton at salderton@stubbsalderton.com.

FacebookTwitterGoogle+LinkedInEmail

Stubbs Alderton & Markiles LLP Featured in LA Times

LA Times Stubbs Alderton & Markiles  was recently featured in an article in the LA Times Tech Round Up discussing the expansion of its Preccelerator® Program and new partnership with Creatv Media‘s Peter Csathy.

“By adding more companies, formalizing our class structure, expanding benefits and providing initial seed capital, we will give them a greater shot at success,” law firm managing partner Scott Alderton said in a statement.

To read the full article in the LA Times click here.

Applications are now open for the Preccelerator® Program, an early-stage start-up accelerator focused on the technology and digital media space! Deadline for applications is March 15, 2017. To apply visit www.preccelerator.com/application

For more information about the Preccelerator and its offerings, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com or (310) 746-9803.

FacebookTwitterGoogle+LinkedInEmail

SAM Partner Kevin DeBré Featured as Speaker at USC Viterbi School of Engineering

Kevin DebréStubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a speaker for a Legal Workshop for the USC Viterbi Innovation Teams during the Maseeh Entrepreneurship Prize Competition and Min Family Engineering Social Entrepreneurship Challenge. Congratulations on this honor!

To find out more about the Min Family Engineering Social Entrepreneurship Challenge visit here.

To find out more about the Maseeh Entrepreneurship Prize Competition visist here.

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

 

FacebookTwitterGoogle+LinkedInEmail

Stubbs Alderton & Markiles, LLP ranked in 2017 “Best Law Firms” for Commercial Litigation

SAM-High-Res-Logo-1December 2016 — U.S. News & World Report and Best Lawyers, for the sixth consecutive year, announce the “Best Law Firms” rankings.

Stubbs Alderton & Markiles, LLP has been ranked in the 2017 U.S. News – Best Lawyers® “Best Law Firms” list and regionally in 1 practice areas.

Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2017 Edition of “Best Law Firms” includes rankings in 74 national practice areas and 122 metropolitan-based practice areas. One “Law Firm of the Year” is named in each of the 74 nationally ranked practice areas.

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

Stubbs Alderton & Markiles, LLP received the following rankings in the 2016 U.S. News – Best Lawyers “Best Law Firms”:

  • Regional Tier 2
    • Los Angeles
      • Commercial Litigation

The official Best Lawyers 2017 publication can be read in its entirety here.

For more information about Stubbs Alderton & Markiles, LLP contact the firm at info@stubbsalderton.com.

FacebookTwitterGoogle+LinkedInEmail

SAM Preccelerator Program Presents: “How to Network for Capital” with Len Lanzi

Join Stubbs Alderton & Markiles, LLP
for this exclusive event!

 

 
 
 
“How to Network for Capital”
 

This session will focus on techniques and ways to network in the VC and Angel Community.  We will interact and share best practices on business development and promoting your start-up. 

 Thursday January 26th, 2017
5:30pm-8:00pm
 
**Networking and Startup Demos!**

SAM Preccelerator Program participants will have demo tables where they will showcase their companies. Check them out!
 register-200x200
 
  

Featuring

Len Lanzi, Executive Director,
LA Venture Association, (LAVA)
 

Len Lanzi is Executive Director of LAVA, and has over 20 years of non-profit organization management and fund development experience. In his role, he works with the LAVA board of directors to direct the strategic plan and organize educational and informational programs about the venture business environment in the greater Los Angeles region.

 
Sponsored by

   Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401

 
Parking
4th Street/Broadway ramp or in the Santa Monica Place Mall

 

FacebookTwitterGoogle+LinkedInEmail

Napkin Finance Founder Tina Hay Featured on Equities.com®

napkin-finance-how-to-start-a-startup

Congratulations to SAM Preccelerator® Program’s company Napkin Finance and its founder Tina Hay for having an article featured on Equities.com this week. The article written by Tina Hay, entitled “A 7-Point Financial Checklist to Starting Your Own Business”  creates a list  to help guide those new to entrepreneurship. Napkin Finance is a multimedia company that simplifies financial matters and uses napkins to teach users everything they need to know about money in 30 seconds or less.

To view the full article on Equities.com click here.

For more about the Preccelerator® Program, contact Heidi Hubbeling, Director at
(310) 746-9803 or hhubbeling@stubbsalderton.com

FacebookTwitterGoogle+LinkedInEmail

SAM Client Alert: “Time Off to Vote” Notices

635928989646379029-1077750017_headlinerCalifornia law requires employers to post a notice (available here) ten days before an election (which is tomorrow) advising employees of provisions for taking paid leave for the purpose of voting in statewide elections.

Thank you to Zoe J. Sussman, Esq. of Thomas Employment Law Advocates, APC for this update. For more information on this and other employment law matters, contact ZSussman@ThomasEmploymentLaw.com

 

 

FacebookTwitterGoogle+LinkedInEmail

Stubbs Alderton & Markiles’ Partner Greg Akselrud to Speak at Digital Hollywood – Fall 2016

Greg_Akselrud
SAM Partner Greg Akselrud, Chair of the Internet, Digital Media & Entertainment practice,  will speak at Digital Hollywood – Fall 2016 on a panel entitled “Investment, Financing & Packaging Projects: Unique Content – Unique Technology”  this Thursday, October 20th at 2:15pm in Skirball Center’s Herscher Hall, 3rd Floor, Room 305.

Other panelists include:

Diane McGrath, Managing Director Media and Technology, Streicher, J Streicher Capital

Monica Dodi, Managing Director, Women’s Venture Capital Fund

Josh Stein, Special Counsel, MG+

Michael Terpin, CEO, Transform Group

Joey Tamer, President, S.O.S. Inc., Moderator

To view the full announcement, click here.

To learn more about our Internet, Digital Media & Entertainment practice, contact Greg Akselrud at gakselrud@stubbsalderton.com or (818) 444-4503.

FacebookTwitterGoogle+LinkedInEmail