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The Legal Checkup

Dentists typically recommend that a person’s teeth be cleaned every six months and that oral x-rays be taken at least once every year. Internists recommend that a person receive a physical examination annually. Pets visit the veterinarian for vaccinations and well-care appointments. Vehicles need oil changes and regular maintenance. Your personal and business legal affairs are no different and require regular “legal checkups.” Much like going to the dentist, the idea of meeting regularly with your attorney is probably not going to excite you; but now more than ever, periodic communication with your lawyer is essential. This is even more true for online and adult business operators. Unfortunately, far too many web entrepreneurs wait too long and ultimately reach out to their attorneys when trouble has already come their way. In many instances, the legal problems encountered could have been prevented had a “legal checkup” taken place. The law in the United States and throughout the world is constantly changing. It is naïve to think that just because a certain activity was legal in 1998, that it is still legal in 2017. In my experience, adult entertainment business operators can be stubborn and unintentionally engage in conduct that may have…

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Adult Industry Attorney Corey D. Silverstein comments on New Utah Law that Opens Adult Sites to Potential Lawsuits

As reported by XBIZ, “Utah has become the first state to allow civil lawsuits against distributors of adult content for mental and physical damages incurred by minors accessing such material.” The full article can be found online here. A full copy of S.B. 185 – Cause of Action for Minors Injured by Pornography can be found here. Upon request for comment from XBIZ, adult business lawyer, Corey D. Silverstein was quoted: Corey D. Silverstein, an industry attorney, told XBIZ that he finds the new Utah law ludicrous. "While I’d certainly hate for any of my clients to be faced with such a ridiculous civil suit, I hope that I will be the lucky lawyer who gets to challenge this law as being unconstitutional," Silverstein said. "This is by far one of the least thought-out bills I have seen to date. "If he wanted to be transparent, Sen. Todd Weiler would have been better off calling the bill, 'I hate porn.' I would love to know whether this bill was reviewed by any legal professional and get to see that legal professional’s memorandum on whether this law would ultimately survive a constitutional challenge."

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Adult Business Attorney, Corey D. Silverstein – 2017 Phoenix Forum Speaking Schedule Announced

On February 12, 2017, the Law Offices of Corey D. Silverstein, P.C. announced that porn lawyer, Corey D. Silverstein would be attending this year’s Phoenix Forum. It is with great excitement to report that adult industry attorney, Corey D. Silverstein, has been invited to speak at the Phoenix Forum on multiple seminars/workshops. Here is a schedule of the seminars that adult industry lawyer, Corey D. Silverstein has accepted: Business 101 panel With extensive experience and backgrounds spanning the industry, esteemed panelists offer a glimpse into what it takes to own, operate, and optimize an adult online business in today’s diverse environment. Topics include legal issues, mobile strategies, effective billing, and payment services. When: Thursday March 23, 2017 – 12:00pm – 1:00pm Where: E – Classroom Sweets with Security panel With hackers making news each month, content, passwords and login information, credit card data, all the bits of information that reside on your site are up for grabs, unless you’ve conducted penetration tests and secured every door and window. How do you protect your consumer while protecting your business? Consumer protection and privacy are leading the conversation and can make or break your business with consumers. Panelists will discuss the best…

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Adult Business Lawyer, Corey D. Silverstein, Speaks About Understanding Laws & Regulations

Adult Business Lawyer, Corey D. Silverstein, Talks About Understanding The Laws & Regulations That Can Affect Your Bottom Line. This past January 16, 2017, adult business attorney, Corey D. Silverstein was invited to present at the 2017 Internext tradeshow in Las Vegas, Nevada. For those of you that missed this incredible educational opportunity, here is the video of the complete presentation. This is a great opportunity to hear from adult industry lawyer, Corey D. Silverstein himself, and his thoughts on some of the biggest developments in politics and the laws that affect the adult industry. As always we encourage you to contact adult industry attorney, Corey D. Silverstein by visiting our contact page.

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Say Hello to the EU-US Privacy Shield Framework

In October 2015, the European Court of Justice invalidated the International Safe Harbor Privacy Principles which were established in 2000. The Safe Harbor Privacy Principles allowed certified U.S. companies to receive personal data of EU residents in compliance with EU cross-border transfer rules. While many rejoiced the invalidation, numerous legal experts predicted that the invalidated Safe Harbor Privacy Principles would quickly be replaced. The legal experts were right. The EU-US Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. After more than two years of negotiations, on July 12, 2016, the framework was adopted by the European Commission and went into effect the same day. View the full text of the EU-US Privacy Shield framework. The U.S. Department of Commerce Secretary, Penny Pritzker and EU Justice Commissioner Věra Jourová announced the deal together in Brussels. Jourová was quick to point out that the EU-US Privacy Shield is fundamentally different from the previous Safe Harbor arrangement because of the annual joint review, which allows the EU to address any issues as they arise. Jourová went on to say “it brings stronger data protection standards that are better enforced,…

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Let’s Talk Digital Marketing and Law

We had the pleasure to sit down and talk with Corey, owner of the Law Offices of Corey D. Silverstein, P.C.. Corey has extensive knowledge in the digital marketing field. When we asked Corey what he saw as the biggest errors for those just starting out in digital marketing make, he was quick to answer. You Need an Agreement This may seem a matter of common sense in most businesses, but Corey indicates people sometimes underestimate the need for a good agreement in their excitement over opening a digital business. He cautions that it is still a business and must be thought of as such. When asked what type of information is necessary in a good agreement, he named several factors: *Profit/Loss distribution - Everyone gets excited about the prospect of earning money and often don't consider how the profits will be divided. What is even more likely to cause conflict is deciding how a loss will effect each member of the deal. In regards to any business, Corey cautions, even family members need a legally binding agreement when money is involved. *Ending of partnership - What terms are in place if one partner decides to pull out of the…

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Federal Trade Commission Continues to Make Its Presence Felt

Make no mistake about it, if you are an online business operator, legal compliance should be at the top of your list of priorities. For the better part of the past decade I have preached about the importance of being cognizant of the Federal Trade Commission and its various powers. Once again, the FTC is making the front page of newspapers and is a hot topic amongst journalists. On May 9, the 1st U.S. Circuit Court of Appeals released its order on John Fanning’s “Petition for Review of an Order of the Federal Trade Commission.” John Fanning petitioned the 1st Circuit to review the FTC’s summary decision finding Fanning personally liable for misrepresentations made on the website Jerk.com. While the court did find that portions of the FTC’s remedial order are overbroad, the court took the time to support the commission’s findings that Jerk.com materially misrepresented the source of its content and its membership benefits. For those of you unfamiliar with the history of the FTC’s investigation and prosecution of Jerk.com, here is some background. From 2009 to 2014, Fanning allegedly operated Jerk.com through his entity, Jerk LLC. Jerk.com was a self-proclaimed reputation management website that amongst other things allowed…

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The Birth of Escrow.Domains

I don't make it a habit of endorsing products or services. In fact, until this posting, I have never endorsed a service or a service's operator(s).In this case, an exception needed to be made. A brand new domain transactional service has been launched by a couple of attorneys that I happen to admire and respect. Attorneys Stevan Lieberman and Michael Greenberg went to work to create a trustworthy escrow service for individuals and businesses that engage in various types of domain transactions, including domain purchases, domain rentals, and domain leases. Escrow.Domains is a refreshing service that I'm happy to recommend. So check it out by visiting Escrow.Domains.

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Law Between the Sheets: Independent Contractor or Employee?

All too often, adult business operators spend so much time focusing on things such as obscenity, record-keeping and intellectual property that they neglect some important corporate issues, including taxation and employment law, which can have a tremendous impact on a business owner. Make no mistake about it, adult business operators need to be concerned with obscenity, record-keeping and intellectual property, but at the same time, they should not be forgetting about some other very important areas of corporate law. Every year around tax season, my office receives numerous telephone calls from clients (individuals and businesses) with concerns related to their own worker status or the worker status of someone providing services on their behalf. The classification of a worker as an employee or independent contractor is very important and any misclassification can create numerous issues. As you read through this article, it is essential to remember that you should always consult with your own attorney and accountant when it comes to employment law and taxations issues. Additionally, the IRS’ website, IRS.gov, contains a library of material that should be used as a resource for employers, employees and independent contractors. Please note that this article is based on U.S. federal tax…

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It’s Not Just Legal Jargon!

Don’t overlook provisions for Choice of Law, Forum Selection and Arbitration About a month ago, I started thinking about topics to cover in this column and right about the same time I had to upgrade to the latest version of Microsoft Office. As I was installing the software, a message popped up on my monitor that asked me whether I had read and understood the terms and conditions of the software upgrade. I can honestly say that I didn’t spend any more than 3 seconds reading the terms and conditions before I checked the box and proceeded with the installation. Seriously, does the average user actually spend the 10 hours it would take to read the 300-page document? No way! The average user wants to get on with the installation and use the damned software. Somewhere around the “Your installation is 35% complete” mark, the topic of this month’s article became clear. The adult industry is no different than any other industry: Every adult business is engaged in the process of being a party to a contract on a daily basis. The subject matter of the contract may change but ultimately the contract contains some very important provisions that are…

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