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Effective July 1, 2021, the National Collegiate Athletic Association (“NCAA”) will permit its athletes to profit from their name, image and likeness (“NIL”). This article surveys the circumstances that led to this new interim policy and offers guidance on what college athletes, institutions and potential sponsors should consider when seeking to take advantage of opportunities in this space. Read the full article here.

Need any tips on protecting your company's data? Please watch the below webinar hosted by Lucas Beal. Should you have any questions or want to talk through cybersecurity, please feel free to reach out to Lucas! Read the full article here.

With the expansion of cryptocurrency and the opportunities to capitalize on its growth, there has been a recent flurry of sponsors looking to raise capital in order to launch private funds primarily focused on cryptocurrency positions. With many large institutional investors often dissuaded by its volatility, still taking a very “wait and see” approach to the cryptocurrency market, the door may be open for certain smaller private investors. Read the full article here.

The New York State Commissioner of Health (“Commissioner”) has extended the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights Act (NY HERO Act) through October 31, 2021. Read the full article here.

Businesses should tread with caution before implementing a blanket ‘no jab, no service’ requirement as this may amount to ‘indirect discrimination’ if a customer cannot be vaccinated for a reason that is protected by discrimination laws. Read the full article here.

I’ve written a number of different versions of this article since Alice Corp. v. CLS Bank Int’l 1 (“Alice”) was decided by the U.S. Supreme Court in 2014, but I never published any of them. As the world sits and waits for the Supreme Court to act on the petition for a writ of certiorari (filed in December of 2020) in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, et al. (“American Axle”) asking the Court to address the major problems created by Alice, motivation struck me again. Read the full article here.

The internet has undoubtedly been one of the most significant drivers of economic growth in recent history. We are now able to do business around the world without having to leave our desk can share our ideas more broadly than ever before. Read the full article here.

The New York State minimum wage rates and minimum overtime-exempt salary levels for employees working outside of New York City will increase on December 31, 2021. New York State employers with employees working in the State and outside of New York City should review the changes and make the necessary adjustments to ensure they are in compliance with the new requirements when they become effective. Read the full article here.

On Monday, September 6, 2021, New York State Governor Kathy Hochul announced that the New York State Commissioner of Health (“Commissioner”) has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights Act (HERO Act). The Commissioner’s designation requires that all New York State employers “promptly” activate their workplace airborne infectious disease exposure prevention plans which they were required to adopt under the HERO Act. Read the full article here.

Companies seeking to raise capital from outside investors might turn to an intermediary to help them identify or connect with new investors. Before retaining an intermediary, however, it is imperative for the company to determine whether the intermediary is a finder or broker according to the United States Securities and Exchange Commission (the “SEC”). Read the full article here.

Ian Mitchell and Alastair Smith advised SIS Ventures in two separate investments in young Scottish companies with social missions Read the full article here.

The Federal Government has just ended its consultation on draft legislation that aims to significantly expand the scope and enforcement of the unfair contract terms regime, including the introduction of civil penalties. We examine the proposed changes and what they mean for consumers, small businesses and landlords. Read the full article here.