On July 1st, the threshold requirements ramped up for Illinois schools and the software vendors that provide them services under the Illinois Student Online Personal Privacy Act (SOPPA). Most of the new requirements fall within the purview of the schools, such as maintaining a publicly available list of all software vendors providing software to the school, providing an explanation of all kinds of personal data the school collects, and publishing a description of how…

Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 1 One of my guiding life principles is as follows: if it can include Dolly Parton, it should include Dolly Parton. Dolly Parton makes things better, and she is relevant in almost any discussion. Creating a children’s library? Reference Dolly Parton. Citing vaccination statistics? Reference Dolly Parton. Opening an amusement park? Reference Dolly Parton. Writing an article about the importance of a solid royalty…

Time flies when you’re having fun. In November & December 2018, I wrote a series of posts about ownership dilution in the context of startup fundraising – it seems like it was yesterday – but apparently it was more than two years ago! If you’re interested in checking out those posts, they’re available here and here. In the intervening time, dilution has continued to regularly come up as a point of confusion among new…

Unsurprisingly, I find myself often being asked to describe what “intellectual property” is.  I, all too often, find myself giving a description that is not all that helpful.  If you are asking what “intellectual property” is, then saying “intangible business assets” isn’t going to get us much closer to understanding.  One way that I have heard it described is a company’s “special sauce.” But that can sound kind of creepy. “Hey, baby, what’s your special…

It is our pleasure to introduce you to Sam Kavalier, our newest attorney, and Miranda Salazar, our new Law Clerk! Sam is a recent graduate of University of Wisconsin Law School, and we are thrilled he decided to begin his law career with OG+S. While interviewing Sam, we were particularly impressed with his pre-law school background in the tech industry, as well as his service to the UW Law & Entrepreneurship Clinic. At the clinic…

Effective May 3, 2021 DATCP (Department of Agriculture, Trade and Consumer Protection) published an Emergency Rule making further changes to Wisconsin’s Hemp Pilot Program. Although Wisconsin is still operating under a “Pilot Program” pursuant to the provisions of the 2014 Farm Bill, this Emergency Rule (and the others before it) are meant to add flexibility for Wisconsin hemp growers and processors as Wisconsin lurches toward full compliance under the 2018 Farm Bill (we’ll get there).…

One of my favorite things to do is help someone buy or sell a business.  It is often either the grand finale for the owner of a successful company or the beginning of one for new owners.  No matter if I am representing the buyer or the seller, it is exciting.  Also, regardless of who I am representing, I ask: Is this a stock or asset sale? And I usually receive the same response.  Some…