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Legal Sense: Tradeshow Etiquette

Instead of writing an article about a specific legal issue that the adult industry may be facing at the moment, I decided to write about something that has bothered me for quite some time. There is no shortage of tradeshows in the adult industry; in fact, some may argue that there may be too many tradeshows at the moment (I’ll save that discussion for another day). Nonetheless, like many other mainstream industries, tradeshows are an invaluable tool in the adult industry. The people who plan and present tradeshows spend a great deal of time and energy planning, organizing and ensuring that the events go smoothly for the benefit of its attendees. One thing that we can all agree on, is that tradeshows are expensive. Tradeshows are expensive in both money and your time. In terms of money, the costs associated with attending a tradeshow include, travel expenses, lodging, meals, entertainment and admission. Then of course there is your time; time away from your family, time away from the office, time away from doing whatever is included in your daily routine. So with the large financial and personal investment required to attend a tradeshow, you should be making the absolute most…

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Acquiring Online Businesses

2013 was a busy year in the online adult industry; especially in terms of business purchases, sales and mergers. Online businesses were purchased at record prices in 2013 and I expect that 2014 will continue the trend. This is the first of a series in which I will discuss some of the more important do’s and don’ts when purchasing an online adult business. This article is not meant to replace the services of an attorney nor is it meant to be an inclusive list of everything that a purchaser should do. Part 1 will focus on a purchase from a buyer’s perspective while Part 2 will focus on a purchase from a seller’s perspective. Keep watch for Part 2 in XBIZ World. Due Diligence I am always amazed by how many purchasers contact my office in the course of purchasing an online business and have no idea what they are buying. The seller of an online business or any business for that matter is always going to present its business in the most favorable light in order to attract more potential buyers and obtain a better purchase price. As the saying goes “don’t buy a book by its cover;” do…

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Adult Entertainment Attorney Corey D. Silverstein at Phoenix Forum

Adult Entertainment Attorney Corey D. Silverstein, returns to the Phoenix Forum. This years Phoenix Forum, presented by CCBill, returns to the Tempe Mission Palms in Tempe, Arizona from March 27, 2014 to March 29, 2014. This year's Phoenix Forum is going to be an amazing tradeshow with incredible events for all attendees. For those of you looking for a dose of xxx law, the Phoenix Forum is exactly where you can find it.  At this year's Phoenix Forum, I will be taking part in the following seminars. Feel free to contact me prior to the Phoenix Forum if you would like to schedule some one-on-one time. Adult industry law remains one of the most important aspects of entering the adult industry and I encourage anybody thinking of starting an adult entertainment business to attend this tradeshow. Seminar #1 Thursday, March 27 2014 – 12:00 p.m. – 1:30 p.m. – Fundamentals – Palm E Business 101 Description: With extensive experience and backgrounds spanning the industry, esteemed panelists offer a glimpse into what it takes to own, operate and optimize an online adult business in today’s diverse environment. Topics include legal issues, mobile strategies, effective billing, and payment services. Seminar #2 Thursday,…

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XBIZ Adds Industry Attorney Corey D. Silverstein to Blog Lineup

LOS ANGELES - XBIZ is pleased to announce the addition of adult industry attorney Corey D. Silverstein to its roster of distinguished blog columnists. Silverstein’s blog, "Law Between the Sheets," which begins today, provides business and legal commentary on the adult entertainment business. Silverstein, an acclaimed litigator and dispute resolution specialist, is the managing and founding member of Silverstein Legal. His practice focuses on representing all areas of the adult industry, and his clientele includes hosting companies, affiliate programs, content producers, processing companies, website owners and performers, among others. His practice also concentrates on complex contracts, business structure and formation. Silverstein has been quoted and published in mainstream media, including The New York Times, FOX News, MSNBC, the Miami Herald, the Washington Post and the Detroit News. "It is a pleasure and an honor to join XBIZ as a blogger and to join so many other great adult industry personalities who have been blogging for XBIZ before me," Silverstein said. "I look forward to this opportunity to share my ideas and hopefully provide some new insights into legal and business issues that the adult industry faces on a daily basis." XBIZ Executive Editorial Director Don Parret said that he's "very pleased to…

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Adult Entertainment Lawyer Corey D. Silverstein to Present at FSC Summit

Adult Entertainment Lawyer, Corey D. Silverstein, will be appearing and presenting at the annual Free Speech Coalition (FSC) Summit at the W Hotel, Hollywood, California on January 22, 2013. This year's FSC Summit & Awards, takes place from January 22, 2013 to January 24, 2014 at the W Hotel in Hollywood, California. The 2014 FSC Summit & Awards is a pair of annual trade events designed to address current and emerging industry issues, promote multi-sector collaboration and celebrate leadership in business. As part of the 2014 FSC Summit & Awards, adult entertainment lawyer, Corey D. Silverstein, will be presenting an exciting and thought provoking seminar entitled "When the cops come knocking." This seminar will focus on preparing members of the pleasure products and adult entertainment industry on proper techniques in responding to law enforcement and/or government officials. Law enforcement can strike at any moment and adult industry members need to understand how to not prejudice themselves or improperly supply any testimony or evidence to law enforcement. Year after year, there has been a steady increase in law enforcement activity in the adult industry from agencies such as the FBI, FTC, OSHA, local police, and DHS; this seminar will explore and…

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Seminars, Workshops, and More at Internext 2014

I am pleased to let you all know that I will be in attendance for this year's Internext-Expo presented by AVN Online. This year's conference takes place from January 11, 2014 to January 14, 2014 at the Hard Rock Hotel & Casino in Las Vegas, Nevada. The Internext-Expo is an amazing opportunity to be part of one of the longest running adult entertainment conferences in the world. Amongst its many events, the Internext-Expo has seminars, networking events, presentations, showcases, and award shows. A complete show schedule can be found by clicking HERE. At this year's event I will be taking part in the following events. Additionally, feel free to contact me prior to the conference if you want to schedule some one-on-one time.  The state of XXX legal affairs has never been more important and now is the time for everyone in the adult industry to obtain all of the adult industry legal information that they can get. As an adult entertainment lawyer, I know that the legal events at this trade-show serve an unquantifiable benefit to all attendees. Event: Work Shop: Regulating Adult Websites Through Consumer Protection: Presented by attorneys Corey D. Silverstein and Lawrence Walters. Date: Sunday, January…

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Qwebec Expo Legal Q&A

Adult Entertainment Attorney, Corey D. Silverstein, returns to the Qwebec Expo. I am very proud to announce that for the second straight year, I have been invited to attend and speak at the annual Qwebec Expo in Montreal, Canada. This year's Qwebec Expo runs from Wednesday August 7, 2013 to Sunday August 11, 2013. Michael P. has been hard at work putting together another great schedule of seminars, networking events and parties. Please visit the Qwebec Expo website for more information: http://www.qwebec.com. This year's Legal Q & A seminar will take place on Saturday, August 10, 2013 at 10:00am. I invite you all to attend with your legal questions ready to go. Last year's seminar was a huge success and one of the most talked about events of the show. I hope to see you all there.

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Obscenity Charges against Florida Store Owner Dropped

BARTOW, Fla. - Polk County prosecutors dropped all charges yesterday against a store owner who was charged with distribution and possession of obscenity with intent to sell after detectives purchased 10 adult movies at a Sunoco gas station and convenience store in Dundee, Fla. "There will be no jail time, no conviction and no fines" for Minakashiben Patel, adult industry attorney Lawrence Walters told XBIZ. Walters and another adult industry attorney, Corey D. Silverstein, represent Patel and worked together to strike a deal with prosecutors. A total of 20 misdemeanors and one felony charge were filed against Patel, relating to adult DVDs sold from her gas station and convenience store in Polk County. Patel also was charged with sale of drug paraphernalia, based on selling Detox brand energy drink. Those charges were dismissed early on. "The obscenity charges have now been dismissed per an agreement with the state, where Ms. Patel agreed to make a $2,000 donation to a drug education and prevention fund," Walters said. "She further agreed to abide by existing state obscenity laws and not to sue the sheriff or prosecutors as a result of the arrest. “Corey and I are proud of the result we obtained…

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Learning from the Financial Crisis in Cyprus

There are a multitude of reasons why you may want to have your adult entertainment business set up outside of the United States. Some of the reasons include favorable tax laws, decreased individual liabilities, and staying outside of the jurisdiction of state and federal agents and prosecutors, just to name a few. For the record, I am not suggesting that you pack up your bags and move your corporate entity and money overseas. Nor am I suggesting that setting up your corporate entity and bank relationships overseas is a bad idea. I am merely urging you to carefully analyze all of the legal and financial aspects of your decision whether or not to pursue an overseas business entity and banking relationship. Imagine that you were running a highly successful adult business that you spent a tremendous amount of time, money and energy setting up overseas. Imagine that your business was financially strong and that you had loads of cash in the bank. Finally, imagine that your hard-earned cash was being kept in your overseas bank account, safe from taxation. Sounds pretty good, doesn’t it? Now, I want you to imagine waking up one morning and realizing that you don’t have…

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The Proper DMCA Takedown Notification

On October 28, 1998, President Bill Clinton signed into law the Digital Millennium Copyright Act (the “DMCA”). Since becoming valid law, the DMCA has been controversial to say the least, with many demanding reform. For many in the adult industry, the DMCA has been helpful and beneficial in intellectual property protection while others in the adult industry feel that the DMCA provides too much protection and has allowed “content pirates” to abuse the DMCA for its own financial gains. The adult industry is no stranger to the DMCA. The exponential growth of “Tube” style websites over the past several years has led to an unquantifiable number of lawsuits, disputes, articles and controversies. There are enough articles from adult industry experts regarding the pros and cons of the DMCA and there are equally enough articles from adult industry experts regarding intellectual property protection. The purpose of this article is to examine an often neglected but important piece of the DMCA. This article will discuss what must be included in a properly formatted DMCA notification of claimed infringement (commonly referred to as a “Takedown Notice”). Pursuant to the DMCA, specifically, 17 USC § 512(c), (c) Information Residing on Systems or Networks At…

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