Skip to content
Photo of U.S. Constitution over flag

Federal Court Enjoins Enforcement of Tennessee’s Protect Tennessee Minors Act

In a critical decision underscoring the protections of the First Amendment, the United States District Court for the Western District of Tennessee granted a preliminary injunction against Tennessee's Protect Tennessee Minors Act (PTMA), set to become effective on January 1, 2025. The ruling, in Free Speech Coalition, Inc. v. Skrmetti, declared that the PTMA likely violates the First Amendment by imposing content-based restrictions on constitutionally protected speech. View the Order Granting Plaintiffs' Motion for Preliminary Injunction here. Key Points of the PTMA The PTMA imposes strict criminal and civil liability on entities operating websites containing at least one-third of content deemed "harmful to minors." The law mandates intrusive age-verification requirements, such as uploading government-issued identification or using facial recognition, for website access. Violations could result in severe penalties, including felony charges and civil damages. The Court's Findings Broad and Overbroad: The Court emphasized that the PTMA is not narrowly tailored. It captures constitutionally protected speech aimed at adults, unnecessarily burdening their First Amendment rights while pursuing the state's objective of shielding minors from harmful content. Chilling Effect on Speech: The PTMA was found to objectively chill protected speech by forcing websites to incur substantial compliance costs or risk criminal prosecution…

Read more
Graphic montage of a hand holding an umbrella over a laptop

Protecting Passion: Why Cyber Insurance is Crucial for Adult Entertainment Businesses

In an era where digital presence is synonymous with business success, the adult industry stands at the forefront of online innovation. From streaming services and interactive platforms to e-commerce and virtual reality experiences, adult businesses have consistently leveraged technology to deliver unique and personalized content to consumers worldwide. However, this digital dependency also exposes them to a myriad of cyber risks. As cyber threats escalate in frequency and sophistication, obtaining cyber insurance has transitioned from a luxury to a necessity for adult businesses aiming to safeguard their assets, reputation, and future growth. The Digital Landscape of the Adult Entertainment Industry The adult entertainment industry has historically been an early adopter of new technologies. Whether it's pioneering online payment systems, embracing high-definition streaming, or exploring the potentials of artificial intelligence and virtual reality, adult businesses often set technological trends that other industries follow. A quick sidebar – for those of you old enough to remember the wars between Betamax and VHS video and later HD DVD and Blu-ray, the adult industry was a key factor in both outcomes of those battles. This innovative spirit, while advantageous, also places the adult industry in the crosshairs of cybercriminals who are eager to exploit…

Read more
Photo of red cancel button on laptop keyboard

FTC Announces Final “Click-to-Cancel” Rule: Essential Compliance Updates for Subscription-Based Businesses

Dear Valued Clients, On October 16, 2024, the Federal Trade Commission (FTC) announced the finalization of the "Click-to-Cancel" Rule, an amendment to the Negative Option Rule designed to make it easier for consumers to cancel recurring subscriptions and memberships. Most provisions of the final rule will go into effect 180 days after its publication in the Federal Register. As your trusted legal advisors, Silverstein Legal is committed to keeping you informed about regulatory changes that may impact your operations. This new rule has significant implications for businesses offering subscription services, including those in the adult entertainment industry. Key Provisions of the Final "Click-to-Cancel" Rule 1. Simplified Cancellation Process: Easy Cancellation Mechanism: Businesses must provide a cancellation method that is as easy to use as the method consumers used to sign up. If customers enrolled online, they must be able to cancel online without unnecessary steps or obstacles. No Unnecessary Barriers: Sellers cannot require consumers to interact with a customer service representative or go through lengthy procedures to cancel their subscriptions if they did not do so to sign up. 2. Clear and Conspicuous Disclosures Material Terms Disclosure: Before obtaining a consumer's billing information, you must clearly and conspicuously disclose all…

Read more
Photo of Joe Gow

Joe Gow isn’t alone. As industry booms, adult content creators fear being outed and fired

Assume you will be outed. That's how Corey Silverstein, one of the only adult entertainment industry attorneys in the country, starts his consultations with clients considering dabbling in pornography, either to make some extra money or as a part-time hobby. Less than 10% of Silverstein's clients are exposed, he said, but forcing them to face the worst- case scenario helps them understand the stakes. He then walks them through real-life examples of outed adult content creators, including a name now familiar to many in Wisconsin: former University of Wisconsin-La Crosse Chancellor Joe Gow. "I think it's essential that clients understand what that could look like," he said. "I want them to understand that by the very nature of how high-risk the adult entertainment industry is, that no one's going to be on their side publicly anyway, and that, you know, it's just unfortunate. That's where the world is." Gow was fired late last year after the UW Board of Regents discovered he and his wife created sex videos, sometimes with adult film stars, and posted them on porn websites. He still retains his faculty appointment as a communications professor but has been on paid leave while UW-La Crosse moves to…

Read more
Photo of a woman tearing up a piece of paper

Goodbye to Non-Compete Agreements in the United States?

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for a certain period after leaving their current employment. The enforceability of non-compete agreements varies by jurisdiction and must adhere to certain legal standards to be valid. In fact, in some United States jurisdictions such as California, Oklahoma, North Dakota, Montana, Colorado, New Mexico and Oregon, non-compete agreements are generally unenforceable, or disfavored, with limited exceptions. The adult industry is no stranger to non-competes and numerous adult businesses have been the subject of many complex disputes and prolonged litigation between adult entertainment companies and workers for years. The United States Federal government has decided to weigh in on the issue and in a significant move to foster competition and enhance…

Read more
Photo of a woman tearing up a piece of paper

Goodbye to Non-Compete Agreements in the United States?

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for a certain period after leaving their current employment. The enforceability of non-compete agreements varies by jurisdiction and must adhere to certain legal standards to be valid. In fact, in some United States jurisdictions such as California, Oklahoma, North Dakota, Montana, Colorado, New Mexico and Oregon, non-compete agreements are generally unenforceable, or disfavored, with limited exceptions. The adult industry is no stranger to non-competes and numerous adult businesses have been the subject of many complex disputes and prolonged litigation between adult entertainment companies and workers for years. The United States Federal government has decided to weigh in on the issue and in a significant move to foster competition and enhance…

Read more
Illustration of a blue pencil running

Be Cautious of Unfamiliar Faces

Hopefully, you are enjoying reading the May 2024 edition of XBIZ World magazine while you are attending the XBIZ Miami tradeshow. The topic of this article was specifically chosen to cater to all the creators and businesspeople who are taking part in the adult industry’s most popular summer tradeshow. I attended my first tradeshow 20 years ago in 2004. In those 20 years, I have met thousands of people from all over the world who were doing business (or trying to do business) in the adult entertainment industry. Many of the people I met during this span are still around while others, their whereabouts are unknown. The simple fact is that tradeshows remain one of the best ways to meet new people and network with people who share similar business goals. Not everyone who attends tradeshows has the rest of the industry’s best interests at heart. Some people are primarily motivated by their own selfish goals. If you are a creator, safety comes first. Adult entertainers not only face the daily stigma associated with pornography to begin with, but they most also must be constantly on guard from everyone from consumers with malicious intentions to unscrupulous people try to take…

Read more
Graphic showing headshot of Corey Silverstein and Church of Lazlo logo with white serif type over black and red gradient

Adult Attorney Corey D. Silverstein Appears on the Church of Lazlo Radio Show

Corey Silverstein AKA "The Adult Attorney" Discusses The Texas Pornhub Ban And Why We Should All Be Worried Corey Silverstein, the "Adult Lawyer" is on the show! Mr. Silverstein is a lawyer based in Michigan. He founded his firm in 2006 and has been involved in representing the adult industry for over a decade. He focuses on all the unique issues facing the industry. Corey (we're on a first name basis after the interview) has been a vocal critic of states like Texas and Louisianna's adult verification laws for online pornography. We discuss the differences between existing state laws and proposed legislation in other states, including Missouri. Corey explains the differences between some of the current laws and proposals, his thoughts on what's really behind these laws, and why we they are nothing more than porn bans. Is there a better way to keep kids from accessing adult content online or is that even something we should be attempting? We went into this interview knowing that Corey was not a fan of the current laws and proposals, but we were a little surprised to learn that, unlike most critics, his top concern is not privacy. Corey Silverstein ended up being…

Read more
TES logo with white sans-serif type over dark photo of Cascais and headshot of Corey Silverstein

Adult Attorney Corey D. Silverstein Announces TES 2024 Speaking Lineup

Reach out today to set your appointment with #myadultattorney in Portugal! Cyberspace (February 6, 2024) - Adult Industry Attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, is pleased to announce that he will be attending TES 2024, as well as share his TES 2024 speaking lineup. The European Summit – aka TES Affiliate Conference – happens from February 23 - 26, 2024 at The Oitavos Hotel in Cascais, Portugal. Silverstein’s speaking events are scheduled for the 25th and the 26th.  First up is the “Annual Legal Update – The Biggest Issues of 2024 (Age Verification & More...),” slated for February 25, from 11:00 – 11:50 AM (local time). This seminar will get you caught up on all of the major legal developments and what you should be doing to have a smooth 2024.  2023 was a crazy year for developments in the law for internet businesses across the globe. In the United States, age verification has exploded, the FTC has opened an official investigation into ChatGPT, and the Supreme Court made major rulings related to Section 230 of the Communications Decency Act affecting all platforms that allow user submitted content. In Europe, accusations of illegal data collection are heating…

Read more
Internext Las Vegas logo over photo of Las Vegas at night

Adult Entertainment Attorney Corey D. Silverstein Returning to Internext and AVN AEE

Reach out today to set your appointment with #myadultattorney in Las Vegas! Silverstein Legal is proud to announce that adult entertainment lawyer Corey D. Silverstein will be in attendance at the 2024 Internext Expo and AVN Adult Entertainment Expo (AEE). Both tradeshows take place from January 24, 2024 – January 27, 2024, in Las Vegas, Nevada at the Resorts World Las Vegas The InterNext Expo enters its 27th year in 2024 as the leading B2B tech conference for the adult online entertainment industry. The internationally renowned show – which features two full days of networking opportunities, seminars, workshops, and parties with the most influential figures in the worldwide community. This year’s InterNext Expo will be combined with the world famous AVN Adult Entertainment Expo (AEE) with attendance expected in the thousands. As part of this year’s tradeshow, adult industry lawyer Corey D. Silverstein has been invited as a featured speaker for two incredible workshops. Age Verification Workshop Friday, January 26, 2024: 10:30am – 11:15amLocation: Main Stage AntiPiracy Workshop Friday, January 26, 2024: 2:00pm – 3:00pmLocation: Main Stage Adult lawyer Corey D. Silverstein will be available throughout the tradeshow to meet with current and prospective clients. To schedule a meeting you can contact him here. Corey D…

Read more
Back To Top