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Employment Hiring Practices: Simple Mistakes, Costly to Fix. One of the more common mistakes that continue to be made by employers (particularly new businesses) involves their failure to develop a basic set of documents governing the employment relationship with new hires. Read the Article

Putting Privacy First. Businesses shouldn’t view privacy and data protection compliance as a revenue drag; rather, they should use it as a marketing tool to distinguish themselves and increase market share. Originally published in Tech News. Read the Article

New Federal Law Prohibits “Data Passes” and “Negative Option” Marketing – The Restore Online Shoppers’ Confidence Act into law. This fairly new law places restrictions and limits on after sale “data passes” and negative option marketing through Internet sales. Originally published in Tech News. Read the Article (Right Click and Save to download the PDF)


Client Alert: FTC Settles Enforcement Actions Concerning Protection of SSNs – Companies handling sensitive information must develop, document, manage, and train on their information security architecture. The risks and obligations spread clearly beyond simple security mechanisms, but to the whole panoply of security layering and defense in depth. Read the Article

Common Legal Mistakes Made by Small Businesses – Small business owners often fall prey to legal pitfalls that could potentially expose the company or themselves to unforeseen liability, costing their business significant sums of money. The greatest legal mistake a small business owner can make is not hiring an experienced attorney who will provide timely guidance as the business grows. Read the Article (Right-Click and Save to download the PDF)

Term Sheets – Rapidly growing companies typically have a limited ability to obtain working capital from banks and other traditional sources due to limited (or no) profitably and a predictably light balance sheet. Many companies must look to a professional venture capitalist (“VC”) to provide growth capital. Company founders often meet VCs through industry and VC conferences, as well as, through introductions by trusted advisors. The key to securing venture capital on terms appropriately favorable to the company is to obtain advice from experienced legal counsel not only during negotiations, but even prior to starting the search for venture capital. Read the Article (Right-Click and Save to download the PDF)

A Comparison of an “S” Corporation and a Limited Liability Company – When choosing a business entity to start a business there are many factors to consider when determining which entity is the best fit for your company and its goals. Some factors to consider are the ease of formation, taxation, need to raise future capital and limited liability. Read the Article (Right-Click and Save to download the PDF)

Oral Contracts – In this fast paced world of doing business, parties sometimes disregard the formalities of a written contract, and conduct business with a handshake, or oral contract. Generally, these oral contracts are enforceable, however, there are many pitfalls associated with entering into one. Read the Article

With New Law, Delaware Now “Means Business” When It Comes To Disposal of Confidential Consumer Information – On July 1, 2014, Delaware signed into law HB 295, which provides for the “safe destruction of records containing personal identifying information.”

FTC Updates COPPA Guidelines for App Developers, Easing (But Not Eliminating) Compliance Requirements The updates to the COPPA guidelines bring them further in tune with the current state of real-world software distribution and use, providing welcome guidance that has the effect of significantly lowering the COPPA compliance burden for app store app developers, as well as bringing COPPA up to speed with credit card “knowledge based authentication” methods that do not require charging a card.

OlenderFeldman Newsletters and Client Alerts

Please note that effective as of Second Quarter 2013, newsletter articles and client alerts are now posted directly to our blog. If you would like to subscribe to our email list, you may do so here.  

First Quarter 2013 – Federal Court Invalidates Company’s Website Terms of Use Agreement. Read the Newsletter

Fourth Quarter 2012 – Does your website comply with the European Union’s e-privacy directive? and Richard J. Colosimo joins the firm. Read the Newsletter

Second Quarter 2012 – Alaska Mountaineering, the JOBS Act, and OlenderFeldman LLP in the news.  Read the Newsletter

Client Alert: FTC Settles Enforcement Actions Concerning Protection of Social Security Numbers. Read the Alert

First Quarter 2012 – Are your employees really employees? When was the last time you checked your service provider contracts? Important deadlines upcoming. Read the  Newsletter

Fourth Quarter 2011: Client Alert: The Limits of Privacy on Facebook – With over 800 million users, there is a good chance that you, a family member or a business colleague uses Facebook.  Many people assume that their posts and information viewed on Facebook is only available to their “friends.”  Such an assumption would be wrong for several reasons. Read the Alert

Third Quarter 2011 – The IRS is now offering employers the ability to resolve past worker classification issues and achieve certainty under the tax law at a low cost by voluntarily reclassifying their workers.  Plus, OlenderFeldman LLP welcomes Christian J. Jensen and Michael Feldman ponders the privacy implications of zip code collection. Read the Newsletter

Second Quarter 2011For the past year, we have been advising clients to review their privacy policies and procedures as the time has been coming where the standards of data protection and accountability will increase. That time has arrived. Read the Newsletter

Third Quarter 2010 – The written employment agreement is a powerful risk management tool used by employers and executives to promote understanding and acceptance by both parties of the reality of the employment relationship. Such agreements accomplish critical goals for both parties. Read the Newsletter

Second Quarter 2010 – As the globalization of commerce continues to expand, more and more non-US entities are seeking to establish a presence in the world’s biggest economy – the United States. It is critical that they form the corporate entity that is most effective for their needs. Read the Newsletter

First Quarter 2010 – OlenderFeldman is proud to announce the launch of its new data privacy and information security consulting services company. ACENTRIS is a full service data privacy and information security consulting firm whose services cover all aspects of data collection, maintenance and protection, and IT security. Read the Newsletter

Fourth Quarter 2009 – 2009 was a good year! Find out the top ten good things 2009 may have brought. Read the Newsletter

Third Quarter 2009 – Ecommerce companies are familiar with their legal obligation to inform online users of their privacy policy regarding collection and use of information submitted as a result of their use of the company’s website, as well as certain information collected without the users’ knowledge via cookies, IP address collection, and other traditional methods. Learn how the Federal Trade Commission is stepping up its watch to ensure consumers’ privacy. Read the Newsletter

Second Quarter 2009 – Make sure your are in compliance with regards to The Federal Trade Commission’s recently published regulations commonly referred to as “Red Flag Rules” which implement certain aspects of the Fair and Accurate Credit Transactions Act. Read the Newsletter

First Quarter 2009 – Start your year off right and review the 10 most important legal issues you should consider with respect to your business. Read the Newsletter

Fourth Quarter 2008 – In this issue learn how to protect your assets through various estate planning options. Read the Newsletter

Third Quarter 2008 – In this issue, read about one of our clients who’s copyrights had been infringed upon. After the publication of this issue, our client received a significant settlement from its adversary. Also, learn about the importance of having a will, and the new Family Leave Insurance Bill which goes into effect July 1, 2009. Read the Newsletter

Second Quarter 2008 – In this issue, learn about gifting assets without giving up control through the use of family limited partnerships. Also, avoid potential penalties: determine whether or not you have properly classified your employees as exempt or non-exempt employees. Read the Newsletter


How to Navigate the Tax Landscape as a Startup Founder (TechRepublic, 2/10/2015)

Marketing Through a Data-clysmic Event -
CMO Tips for Customer Data Management During a Merger or Acquisition
(Dunn & Bradstreet, 1/22/2015)

Survey: 25% Of Young Adults Store Embarrassing Photos On Their Smartphone (Fox News, 10/10/2014)

Why More Start-Ups Are Sharing Ideas WIthout Getting Legal Protection (New York Times, 7/2/2014)

How To Game Your Google Search Results (WSJ Marketwatch, 6/26/2014)

Responding To A Cyber Incident Starts With A Plan (Dell Tech Page One, 2/10/2014)

SMBs Are Easy Targets for Cyber Criminals (BizTech, 9/24/2013)

There's A Right Time And A Wrong Time To Give Out Your Social Security Number (Business Insider, 7/7/2013)

When To Give Out Your Social Security Number and How To Protect It (U.S. News & World Report, 7/1/2013)

Businesses, Politicians Raise Red Flag on Google Glass (MSN, 5/20/2013)

Google Glass: Too Risky to Let Inside Your Business? (, 5/7/2013)

Cyberattacks On Credit-Card Systems Rise (Crains New York, 5/1/2013)

Warning: Your Small Business May Have Already Been Hacked (Yahoo! Small Business, 4/25/2013)

Will my Husband's Business Card Debt Hurt my Credit After Divorce? (Fox Business, 4/25/2013)

What Are Your Rights As A Photographer? (TechHive, 4/13/2013)

Will Lawmakers Ban Google Glass? (Fox News, 3/27/2013)

Patent Trolls Pursue Midsize Companies (Information Week, 2/5/2013)

When Should You Provide Your Social Security Number? (State Farm's Fast Tracks, November, 2012)

Q&A: Protecting Your Name and Logo (Fox Business News, 7/23/2012)

E-Discovery: Your Data, Their Cloud, and the Law (, 7/2/2012)

How To Keep Your Facebook Profile Private Yet Usable (, 6/29/2012)

Don't be Stupid With an Unwanted Smartphone (Fox Business News, 6/26/2012)

Is it safe to ditch your old smartphone? (, 6/26/2012)

Big Brother Is Watching: Why Social Media Policies Make Good Business Sense (, 6/21/2012)

Five Things Every Social Media Policy Should Do (, 6/21/2012)

Experts: Do-Not-Track Proposal is Lacking (ReadWriteWeb, 6/4/2012)

Shopping Around Too Tiring? Use Smartphone (Fox Business News, 5/30/2012)

Smartphone shopping apps save time, money (, 5/30/2012)

Are Frequent Shopper Cards Compromising Your Privacy? (, 5/9/2012)

Attorney: Judge’s landmark Facebook ruling means ‘Big employer is watching’ (, 5/9/2012)

Pondering Google Drive: Who owns your data in the cloud? (Techworld, 5/7/2012)

Google Drive Begs the Question: Who Owns Your Data in the Cloud? (, 5/3/2012)

What Concerns Do Mobile Devices Present for Hedge Fund Managers, and How Should Those Concerns Be Addressed? (Part Three of Three) (Hedge Fund Law Report, 4/26/2012)

What Concerns Do Mobile Devices Present for Hedge Fund Managers, and How Should Those Concerns Be Addressed? (Part Two of Three) (Hedge Fund Law Report, 4/19/2012)

What Concerns Do Mobile Devices Present for Hedge Fund Managers, and How Should Those Concerns Be Addressed? (Part One of Three) (Hedge Fund Law Report, 4/12/2012)

RFID Technology Conjures 'Big Brother' Fears over Privacy (Rigzone, 2/6/2012)

How Pinterest Uses Your Content Without Violating Copyright Laws (ReadWriteWeb, 1/31/2012)

Vast Scope of Chanel Counterfeit Ruling May Render It Useless (TechNewsWorld, 12/1/2011)

Making money off your mistakes:' Meet the creator of 'stalker porn' (The Globe and Mail, 11/11/2011)

The Man Who Makes Money Publishing Your Nude Pics (The Awl, 11/10/2011)

Lawyers on IMDB suit: 'It's going to be an uphill fight' (Entertainment Weekly, 10/19/2011)