Articles by Robert Masud on ArticleSnatch.com

YouTube Sues Viacom for Blocking Parody Online

Thu, 20 Nov 2008 00:00:00 -0500

The parent company of Comedy Central, Viacom, has been sued by YouTube after Viacom requested that YouTube remove from its site a parody of The Colbert Report. The Colbert Report airs on Comedy Central. The video at issue does contain some clips from The Colbert Report, MoveOn.org and Brave New World Films jointly argue that the use of the clips constitutes "fair use" pursuant to applicable copyright law. The companies argue that Viacom's attempts to have the video removed from the YouTube community website constitutes a misrepresentation and is subject to damages under the federal statutory provisions of the 1998 Digital Millennium Copyright Act. The lawsuit filed against Viacom seeks unspecified damages, attorneys fees and costs on the grounds that the plaintiffs" free-speech rights were violated. The complaint was filed on March 22, 2007 in the Federal District Court of San Francisco. That law suit came one week after Viacom had filed its own $1 billion lawsuit against the YouTube community website, and YouTube's parent company, Google. The Viacom complaint contends that YouTube's website is awash in copyrighted videos from Viacom shows, including The Colbert Report. **End Summary** Topics: Viacom]]> Comedy Central]]> YouTube]]> free speech]]> copyright]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company PC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

The Cuban Economy: An Overview

Mon, 19 Nov 2007 00:00:00 -0500

The study of the economy of Cuba can be divided into four phases. The first phase consists of the occupation of the island by the Spanish, which led to the extinction of the aboriginals and the bringing of African slaves to work on the sugar plantations. At this point of time, Cuba provided for the highly profitable business of sugar cultivation and its exports. Sugar industry was the crux of Cuba's economy and Cuba rose to become one of the largest producers of sugar in the world. The second phase pertains to the years following the wars of independence against the Spanish and also the invasion of Cuba by the US. It is marked by the sweeping powers of intervention obtained by the US in 1902, with the Cuban economy being controlled by the growing investment of the US citizens in the sugar plantations of Cuba. Now, again, money and profits from the sugar plantation, sugar refineries and subsidiary sugar products such as rum went to the many American investors and a few Cuban elite. The other major industries also included tourism, tobacco, transportation, mining and the communication industry. **End Summary** Topics: cuba]]> economy]]> economics]]>]]> About the Author: ]]> Visit CubaChannel.

A Primer on Selling Your Business--12 Tips for Maximizing Value

Fri, 16 Nov 2007 00:00:00 -0500

When selling a business, the seller will naturally try to increase the company's value and reduce its post closing risks or losses. These need to be accomplished, of course, without causing any disruption to current operations. Before putting the business up for sale, the seller must first identify areas of concern. This way the seller will be well-prepared to deal with term sheets and letters of intent, negotiating the terms of the sale, and addressing the issues that may arise during the sales transaction. If a seller fails to address pre-sale planning considerations, it is very likely that the outcome will be unsuccessful. In order to increase a company's value and achieve a successful sale, sellers should be mindful of these considerations: 1. Organize Corporate Records: sellers must anticipate that the buyer will be interested in the company's corporate records. Due diligence disclosures that are anticipated must be updated and reviewed. These records should include key corporate, financial, accounting and operational records as well as all legal documents. 2. Show Company Growth: sellers must be able to confirm the historical as well as projected company growth, both for the short-term and long-term. **End Summary** Topics: business]]> business sale]]> company sale]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

What Employers Need To Know About Employee Blogging

Mon, 05 Nov 2007 00:00:00 -0500

With the convenience of the internet, most employers enjoy quick and effective communications with their employees. But lately, many employers are expressing some concern with employees who have started "blogging." This concern stems from the fear that some of these employees may be disclosing company matters or worse, criticizing the employer online. Because of these reasons, it is not surprising that many employers are looking for ways to address these employee blogging issues. Employee blogging can involve the disclosure of confidential business information, disparagement or criticism of other employees or of the company itself, and display interests that are in conflict with the company contracts and policies. The trend these days show the court's support for employers who decided to terminate a particular employee who was found to be engaging in behavior that is in conflict with the company's best interest. It has actually been established that employees who damage their employer via blogging are violating their obligation to be loyal to the company. This duty of loyalty encompasses duties of confidentiality and obedience. On the other hand, this duty of loyalty is violated in cases of disparagement of the managers, criticism of the company, harmful speech and insubordination. **End Summary** Topics: blog]]> blogging]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

The Discovery Of Cuba By Christopher Columbus

Mon, 05 Nov 2007 00:00:00 -0500

When Christopher Columbus first set out to discover the New World, he could not have imagined that he would see some of the world's most beautiful sights that would undoubtedly take his breath away. As gathered from his chronicles, the exotic beauty of a particular island in the Caribbean Sea left him absolutely spell-bound. In his essay about the discovery of this land of Cuba, he passionately describes the splendor of its lush greenery and landscape; a land of exotic flowers and trees and wide, clear rivers. "Discovery" is a rightful term to use, when trying to explain that it was Christopher Columbus who put Cuba on the world map. This is more so, because before Columbus reached there, this island was already inhabited by a race known as the Ciboney. Their line of ancestry has been traced to Central and South America. These people were perhaps the first human inhabitants of Cuba and had settled there for several thousands of years. The Ciboney tribes were not particularly skilled at agriculture, but were primarily fishermen, hunters and gatherers. After the Ciboney, another community that migrated to Cuba were the Arawak Indians. **End Summary** Topics: columbus]]> christopher columbus]]> cuba]]> new world]]>]]> About the Author: ]]> Visit CubaChannel.

An Overview of the Republic of Cuba

Wed, 17 Oct 2007 00:00:00 -0400

Cuba, beauty in simplicity, a haven, a paradise, an experience. One of the largest Caribbean islands, Cuba is all you can dream of and a little more. Endless sandy beaches, captivating culture, old-age architecture, friendly locals, delicious cuisine, it is a place you would not want to leave. Cuba consists of the main island, the Isle of Youth and about 4,195 keys commonly known as cayos. It is 140 kilometers from the Bahamas and 180 kilometers from Florida. Cuba's 11,200,000 inhabitants predominantly speak Spanish. Journey with us as we take you down the alleys, past the favorite haunts and experience with us the true magic of this virgin holiday destination. Join us as we rediscover Cuba's past, revel in its present and predict what lies ahead. History has recorded that Cuba was originally called Cubanascnan. Christopher Columbus called it Juana. Colonization was credited to a Spanish soldier Diego Velazquez who established Baracoa in the year 1511. With his success he went on to establish Santiago de Cuba in 1514 and Havana in 1515. Thus began the era of the Spanish rule. The 1830s sparked the independence movement, which gained momentum after 1886 when slavery was abolished. **End Summary** Topics: cuba]]>]]> About the Author: ]]> Visit CubaChannel.

Protecting Your Domain Name: Understanding the Anti-Cybersquatting Consumer Protection Act

Fri, 12 Oct 2007 00:00:00 -0400

Despite the simple functionality on many levels of a domain name, it is vital to the success of an online business enterprise. At its heart, a domain name essentially is an address that tells a user of the Internet how to find a particular website. In many instances, the owners of trade or service marks use their marks as part of their business domain names. Nonetheless, there are many instances in which someone else may take advantage and start using the trade or service mark as part of another domain name. With this well in mind, it is incumbent upon trade and service mark owners to monitor to make certain that others are not misusing their intellectual property in the registration of other domain names. No matter how the domain name usage actually is discovered, trade or service mark owners have two basic options for resolving disputes over domain names. First, a person or company can take action under the Uniform Domain Name Dispute Policy. The benefits of this process is that it is relatively fast and relative inexpensive. **End Summary** Topics: internet]]> cybersquatting]]> domain name. ACPA]]> Anti Cybersquatting Consumer Protection Act]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

Marketing Through Blogs Presents New Legal Risks

Fri, 12 Oct 2007 00:00:00 -0400

In recent times blogs have taken on new meaning on the Internet and World Wide Web. Once considered nothing more than rather offbeat diaries, blogs have become major marketing tools at the present point in time. In fact, today millions of consumers from all walks of life and from all over the globe are turning to blogs to get information and advice about different products and services. As blogs have become more potent marketing and promotional forces, various legal issues have arisen that warrant close consideration. There are two main concerns in this regard when it comes to blogs and blogging. First, there is a concern about the inadvertent leak of trade secret information through a blog. Second, there is a concern about the potential for false or deceptive advertising claims that might arise from blogs and through blogging. Never disclose Confidential Information on a blog. There remains a good deal of debate over the true value of a blog when it comes to marketing and advertising. There is a debate over the return on the investment in blogging. **End Summary** Topics: blog]]> blogging]]> FTC]]> marketing]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

Hedge Funds Under Increasing Scrutiny in the Commonwealth of Massachusetts

Tue, 09 Oct 2007 00:00:00 -0400

The hedge fund industry in the Commonwealth of Massachusetts will come under greater regulatory scrutiny according to Secretary of the Commonwealth William Galvin, who is the chief securities regulatory. This past January Glavin filed a civil complaint against Bulldog Investors and Phillip Goldstein, among other connected parties (collectively, the Respondents'). The civil complaint alleges Respondents failed to adequately restrict online access to information about the Respondents hedge fund products. According to the civil complaintfiled by Galvin, Respondents maintain an interactive web site through which potential investors have unrestricted access to general advertising and offering materials. Using guidance provided by the Securities and Exchange Commission on the use of electronic media in securities offerings, the civil complaint maintains that in order to conduct appropriately and legally a private offering of securities over the internet, a web site is required to be password protected. In this case, Respondents web site was not password protected. It is this unrestricted access that is alleged by Galvin to be in violation of Massachusetts laws on public securities offerings. **End Summary** Topics: hedge fund]]> massachusetts]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

"Domain Name Spying"-The Latest Technique In Domain Name Sabotage

Thu, 23 Aug 2007 00:00:00 -0400

If you are a new business owner, you likely have spent a good deal of time trying to determine what domain name will be best for your operations. To this end, you may have taken the steps necessary to determine the availability of a particular name. In fact, finding that it is available may have made you very pleased. Not registering the name upon your first visit, you return a couple of days later to find that someone else has registered the name you wanted in the interim. Of course, this all could have been a coincidence. Nonetheless, in this day and age, a more likely possibility may be that another entity actually tracked your search for a particular domain name and intentionally registered that name itself. Those entities that are now engaging in this insidious practice are said to be domain name spying. In fact, there now appear to be operations that solely engage in this practice. The reality is that there is nothing new about operators interfering with a bona fide business's attempts to register a domain name. **End Summary** Topics: ICANN]]> spying]]> tasting]]> kiting]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet .Find out how our lawyers can help you at http://www.masudco.com .

Justice and SEC Clamping Down on Corrupt Practices: Beware of the Conduct of Strategic Partners

Sat, 28 Jul 2007 00:00:00 -0400

Today's state of affairs for private equity sponsors in the arenas of public relations and politics is challenging at best, and a private equity sponsor who is exposing itself to corruption or corrupt partners are inviting criticism and worse. Private equity firms should be aware of actions the U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") have taken recently under the 1977 U.S. Foreign Corrupt Practices Act ("FCPA"). They should also consider their potential of becoming a target of this Act early in any dealings. Of special note is the settlement in General Electric's recent purchase of the oil and gas services company Vetco International. Alberto Gonzales, U.S. Attorney General, made obvious that enforcement of FCPA is a top priority and will remain so. FCPA risk assessment is challenging in M&A deals due to the extensive FCPA reach. **End Summary** Topics: FCPA]]> strategic partners]]> foreign corrupt practices act]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

SEC Proposes Anti-Fraud Rules to More Closely Regulate Hedge Funds & Certain Venture Capital Funds

Mon, 09 Jul 2007 00:00:00 -0400

Recently, the SEC proposed changes that would affect the investment in hedge funds as well as other pooled investments. On December 27,2006, Release No. 33-8766 (the "Release") proposed an anti-fraud rule that would be new under the Investment Advisers Act of 1940 (the "Advisers Act"). This new rule revised criteria for admission for individuals that invest in some private funds (excluding some venture capital funds). The Release says that these rules are meant to cover two of the SEC's particular areas of interest. Accredited Investor The Release suggested new standards for individuals that may invest in certain funds privately offered as an enhanced definition of "accredited investor." These funds are exempt from the Investment Company Act of 1940, as amended (the "1940 Act") by provisions of Section 3(c)(1). New standards would require "accredited investors" to fulfill the previous standards plus not own investments totalling less than US$2.5 million as a qualified purchaser under the Section 3(c)(1) exemptions. **End Summary** Topics: SEC]]> hedge fund]]> hedge funds]]> funds]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

Clamping Down on the Use of Trademarks as Key Words

Fri, 29 Jun 2007 00:00:00 -0400

When Internet users search online for information, they use search engines like Yahoo, Google, and MSN. Because some page owners have paid for some of its links to the search engine websites and the links come up whenever the website owners results appear as a search result, there have recently been conflicts between the owners of trademarks and some third parties. Efforts are being made to clamp down and contain the unauthorized utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues. In one such trademark conflict, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and J.G.WENTWORTH. The Defendant had used these trademarks as keywords and had paid to have links appear to its own website immediately proximate to the link to Plaintiff's website on the search-results screen each time a user of the Internet searched the Google engine for J.G. Wentworth or JG Wentworth. Because Peachtree Settlement Funding and J.G. **End Summary** Topics: trademark]]> trademarks]]> keywords]]> links]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com .

Bloggers Need to Beware of Violating FTC Deceptive Practice Standards When Making Endorsements

Wed, 20 Jun 2007 00:00:00 -0400

The Federal Trade Commission ("the Commission or FTC") has handed down an advisory opinion that may have dire consequences for companies that employ individuals who are involved in blogging and promote those companies products or services while blogging. According to the Commission, this may hold true even if these employees are undertaking this blogging on their personal time and even if the company management has no idea of what may be going on. The Commission advises that such a blogger must make readers aware of his or her connection with the company whose products or services he or she is endorsing. The FTC has concluded in this advisory opinion that these specific actions may constitute deceptive business practices in violation of the Federal Trade Commission Act. The Federal Trade Commission Act defines a deceptive business practice as sets forth below: 1. a practice that represents or omits material information that likely would mislead reasonable consumers under the circumstances; and, 2. a practice that involves a representation or omission that is of material importance to consumers The Commission continually and regularly has found that a seller's failure to disclose a relationship that would materially effect a consumer's opinion is deceptive. **End Summary** Topics: FTC]]> Federal Trade Commission]]> blogger]]> blogging]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you or assist your business at http://www.masudco.com .

Combating Cyber-Squatting and Other Domain Name Maladies: An Overview of UDRP Proceedings

Wed, 13 Jun 2007 00:00:00 -0400

Businesses that are working to establish an easily identifiable Internet presence oftentimes utilize their trademarks in their domain names in order to better direct customers to their website venues. Unfortunately, disputes many times occur when a business learns that some other individual or entity is using that enterprise's trademark or something very similar in such a way so as to confuse consumers. Moreover, some businesses have ended up having to deal with so-called cyber-squatters, individuals or businesses who register domain names with hopes of reselling them at a premium price. There are protocols and procedures in place through which some of these disputes can be resolved in a more timely manner. Pursuant to the standard registration agreements associated with domain names that include .com, .org, .net, .info, and .biz suffixes provide for the resolution of domain name related disputes under the provisions of the Uniform Dispute Resolution Policy ("UDRP"). Due to the fact that all domain name registrations have agreed to the UDRP as a part of their actual registration agreement, the UDRP is available no matter the residence of the domain name registrant or of the trademark owner who may have issues with the registration or the registrant. **End Summary** Topics: UDRP]]> Cyber-Squatting]]> cybersquatters]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet . Find out how our lawyers can help you at http://www.masudco.com

Ninth Circuit Court of Appeals Narrows Application of the Foreign Sovereign Immunities Act

Fri, 01 Jun 2007 00:00:00 -0400

Businesses hoping to take advantage of provisions of the Sovereign Immunities Act need to appreciate a recent ruling of the Ninth Circuit Court of Appeals deemed to limit the extent and application of that Act. A garnishment action that has been lodged against the Republic of Congo has been dismissed by the U.S. Court of Appeals in Af-Cap, Inc., v. Chevron, 475 F.3d 1080 (9th Cir. 2007); 2007 U.S. App. LEXIS 1638. In so ruling, the Court concluded that the so-called intangible obligations that were at the heart of the cause of action were not utilized for commercial activities within the United States and thus were protected from execution or collection pursuant to the terms of Section 1610(a) of the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. 1610(a). The case arose from Congo's default on a loan agreement for $6.5 million that included a waiver of the sovereign immunity defense. The agreement also contained a consent to execution against "any property whatsoever. **End Summary** Topics: business]]> collection]]> loan]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how http://www.masudco.com can help you.

Software Companies Face Threat of Patent Infringement Suits for Overseas Sales: But Is It Serious

Sat, 26 May 2007 00:00:00 -0400

A significant case has reached the U.S. Supreme Court that on the surface could expose high-tech companies to greater liability for patent infringement in regard to certain products assembled and sold overseas. However, based on the tenor of the comments and questions by a majority of the Justices of the Court during oral arguments, it appears that there will be no major shift in policy in regard to patent infringement when a product is assembled and sold off the shores of the United States. Historically, U.S. companies could escape liability for manufacturing and selling products that produced and sold in the U.S. would constitute actionable patent infringement with no negative consequences. However, all of this may change when the U.S. Supreme Court hands down a decision in the seminal case of Microsoft Corporation v. AT&T Corp. The issue in this case is the actual scope of the exception to the rule imposing liability for patent infringement. That exception had permitted an entity or individual to avoid a patent infringement suit components for a patented invention were supplied to an assembler in another country, provided the final product was sold in another country. **End Summary** Topics: international business law]]> business law]]> internet law]]> patent infringement]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how we can help you at http://www.masudco.com

The End is Near: Limited Liability Entities in New York State Must Act Today to Avoid Suspension

Sat, 19 May 2007 00:00:00 -0400

If you are an owner, member or operator of a non-corporate limited liability entity that either was organized pursuant to the statutes of the state of New York or that is duly qualified to do business in New York, time is running out. By this it is meant that you have only until May 31, 2007, to make certain that you fully are in compliance with certain new newspaper publication and filing requirements that went into effect in the state of New York. Specifically, if your limited liability entity (LLE) either was either formed in the state of New York or qualified to do business in the state of New York between January 1, 1999, and June 1, 2006, you must make certain that your limited liability entity is in compliance. The new law permitted a grace period of until the end of May to get into compliance. The legislation requires any LLE formed after June 1, 2006, to meet the newspaper publication and filing requirement no later than one hundred twenty (120) days after formation or qualification. The compliance process for your LLE actually is not that cumbersome or complicated. **End Summary** Topics: international law]]> securities law]]> business law]]> internet law]]>]]> About the Author: ]]> Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how we can help you at http://www.masudco.com