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# Foundry Law Group: Every aspect of our practice—from our core services to our internal structure—is carefully designed to help you achieve your business goals affordably and efficiently. From the start, our goal is to be with you for the long haul, helping you do what it takes to stay competitive and move your business forward. Entrepreneurs ourselves, we thrive on the unprecedented challenges and opportunities our clients often face. At every juncture, Foundry’s legal team is dedicated to finding strategic solutions that honor our commitment to your ongoing success.

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## Posts
- [NDAs in the Age of AI: Watch for Hidden Training and Usage Clauses](https://foundrylawgroup.com/ndas-in-the-age-of-ai-watch-for-hidden-training-and-usage-clauses/): For many companies, non-disclosure agreements have become routine. The core terms are often familiar: define confidential information, limit use and disclosure, require reasonable safeguards, and return or destroy materials when the relationship ends. While the details still matter, the basic framework for NDAs has remained fairly consistent for years.
- [Why Lease Structure Matters: Understanding Triple Net, Gross, and Modified Gross Commercial Leases](https://foundrylawgroup.com/why-lease-structure-matters-understanding-triple-net-gross-and-modified-gross-commercial-leases/): When negotiating a commercial lease, one of the most important and often misunderstood issues is the lease structure itself. Terms like “Triple Net (NNN),” “Gross Lease,” and “Modified Gross Lease” determine not only how rent is calculated, but also which party is responsible for taxes, insurance, maintenance, and operating expenses. The lease structure can materially affect budgeting predictability, operational risk, and the overall economics of a commercial tenancy.
- [Washington’s Impending Non-Compete Ban: What Employers Need to Know](https://foundrylawgroup.com/washingtons-impending-non-compete-ban-what-employers-need-to-know/): Washington State has enacted a sweeping new law that will effectively eliminate most non-compete agreements for workers in the state. The legislation is intended to foster economic growth and competition by imposing a near-total ban on noncompetition agreements, which are contracts that prevent employees or independent contractors from working for a competitor or starting a similar business after leaving their current employer.
- [The Illusion of Accuracy: AI and Legal Drafting Risks](https://foundrylawgroup.com/the-illusion-of-accuracy-ai-and-legal-drafting-risks/): There’s a moment that’s becoming increasingly common in legal practice: you paste a prompt into an AI tool, ask for a clause, a contract, or even a full agreement, and within seconds, you get something that looks right. The formatting is clean, the structure is familiar, and it reads like something a competent attorney would produce. And that’s exactly the problem. Legal drafting is not about looking right; it’s about being right in context. That’s where the illusion begins.
- [When Earnouts Go Wrong: Why Clarity in Purchase Agreements Is Critical](https://foundrylawgroup.com/when-earnouts-go-wrong-why-clarity-in-purchase-agreements-is-critical/): Earnouts are a common feature of M&A transactions. They are often used to bridge valuation gaps when buyers and sellers cannot agree on the purchase price at closing. In theory, an earnout allows sellers to participate in future upside while giving buyers comfort that they are paying for performance actually achieved. However, in practice earnouts are among the most frequently litigated provisions in purchase agreements. 
- [Affiliate Integrations Aren’t Partnerships: What Startups Should Know Before Building on Third-Party Platforms](https://foundrylawgroup.com/affiliate-integrations-arent-partnerships-what-startups-should-know-before-building-on-third-party-platforms/): Early-stage startups often integrate third-party platforms to move faster, launch sooner, and demonstrate traction to customers or investors. Affiliate integrations, widgets, and API relationships can be highly effective tools at this stage. However, they are frequently misunderstood or described as “partnerships” when, in reality, they are typically limited licensing or affiliate arrangements that remain fully controlled by the third-party platform.
- [Why One Size Doesn’t Fit All for BAAs](https://foundrylawgroup.com/why-one-size-doesnt-fit-all-for-baas/): Business Associate Agreements (BAAs) are often treated as standard, “check-the-box” documents. In reality, the right BAA structure depends heavily on who your customers are. What works for a single clinician or small practice often falls short when dealing with enterprise healthcare organizations.
- [Why Every BAA Needs an Offshore Work Provision](https://foundrylawgroup.com/why-every-baa-needs-an-offshore-work-provision/): As healthcare technology becomes increasingly global, it’s common for Business Associates (“BAs”) to rely on development, support, and data operations teams located outside the United States. Offshore personnel often handle critical technical functions such as troubleshooting, system maintenance, and software updates.
- [What Is Qualified Small Business Stock (QSBS) in Washington, and Why Should Startups Know About It From Day One?](https://foundrylawgroup.com/what-is-qualified-small-business-stock-qsbs-in-washington-and-why-should-startups-know-about-it-from-day-one/): Qualified Small Business Stock (QSBS) is a powerful tax incentive under Section 1202 of the Internal Revenue Code that can be especially beneficial for startup founders and early investors. QSBS allows eligible holders to exclude a portion (or sometimes even all) of the gains from the sale of shares in a qualifying small business. The exclusion has the potential to lead to substantial tax savings. Understanding QSBS rules from the outset can be a game-changer for startups who are looking to attract investors, retain top talent, and maximize value for startup founders.
- [FTC’s New ‘Click to Cancel’ Rule for SaaS Companies: What It Is and How to Stay Compliant](https://foundrylawgroup.com/ftcs-new-click-to-cancel-rule-for-saas-companies-what-it-is-and-how-to-stay-compliant/): The Federal Trade Commission (FTC) has recently implemented a new rule known as the “Click to Cancel” rule, impacting software-as-a-service (SaaS) companies and other businesses that offer subscription-based services. This rule is designed to make canceling a subscription as straightforward as signing up. If your SaaS company operates on a subscription model, here’s what you need to know about the new regulations and how to stay compliant.
- [New Restrictions for Washington State’s Non-Solicitation Provisions](https://foundrylawgroup.com/new-restrictions-for-washington-states-non-solicitation-provisions/): We recently informed on the new Federal Trade Commission (FTC) rule that bans non-compete agreements across the U.S. Washington State is about to take things a step further and limit some types of non-solicitation provisions. While less dramatic than the FTC’s new rule, the new non-solicitation restrictions may have a bigger impact on a Washington company’s relationships with it employees and contractors.
- [Breaking Down the FTC’s Ban on Non-Compete Clauses: What It Means for You](https://foundrylawgroup.com/breaking-down-the-ftcs-ban-on-non-compete-clauses-what-it-means-for-you/): The Federal Trade Commission (FTC) has recently taken a landmark step by announcing a rule that would effectively ban non-compete clauses in employment contracts across the United States. This move is poised to significantly alter the landscape of the American workforce, potentially affecting millions of workers and employers alike. Let’s fill you in on what this ban entails and how it could impact your business.
- [Department of Labor Announces New Rule on Classifying Workers as Employees or Contractors](https://foundrylawgroup.com/department-of-labor-announces-new-rule-on-classifying-workers-as-employees-or-contractors/): The U.S. Department of Labor recently announced a final rule to help employers decide on whether a worker is an employee or independent contractor under the Fair Labor Standards Act.  The new rule will take effect on March 11, 2024. The final rule will largely affect such industries as home health care, construction, trucking, and ride-share and delivery services.
- [What Companies Hold Exempt Status Under New Beneficial Ownership Reporting Rules?](https://foundrylawgroup.com/what-companies-hold-exempt-status-under-new-beneficial-ownership-reporting-rules/): The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued a new reporting rule. The rule is the Beneficial Ownership “Reporting Rule.” It went into effect on January 1, 2024 and it directly affects some small businesses. Our firm has run a series of posts on the new rule over the past few months. We would like to add one more on who is exempt from reporting.
- [What Information Does a Company Have to Report Under FinCEN’s New Reporting Rule?](https://foundrylawgroup.com/what-information-does-a-company-have-to-report-under-fincens-new-reporting-rule/): This is our third and final post in a three-post series regarding the Financial Crimes Enforcement Network’s (FinCEN’s) recently issued Beneficiary Ownership Reporting Rule. The new rule will go into effect on January 1, 2024.
- [Which Entities Are Subject to FinCEN’s New Reporting Rules?](https://foundrylawgroup.com/which-entities-are-subject-to-fincens-new-reporting-rules/): The Financial Crimes Enforcement Network (FinCEN) recently issued a new Beneficiary Ownership Reporting Rule, which will go into effect on January 1, 2024. The new rule is designed to help combat the use of shell corporations and other entities to facilitate money laundering and other illegal activities.
- [FinCEN Issues New Beneficial Ownership Reporting Rules](https://foundrylawgroup.com/fincen-issues-new-beneficial-ownership-reporting-rules/): The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued the Beneficial Ownership “Reporting Rule,” which will directly affect some small business entities. The new rule will go into effect on January 1, 2024. Over the next few weeks, the Foundry Law Group will present several blog posts that will inform you on: an overview of the new rule, who has to report under the new rule, and what information your company needs to report.
- [Is it Plagiarism to Use Chat GPT or Other AI Language Models?](https://foundrylawgroup.com/is-it-plagiarism-to-use-chat-gpt-or-other-ai-language-models/): The short answer is that it depends on what type of content you’re using the models to generate and whether you properly acknowledge the original source of your content.  In general, plagiarism is the act of presenting someone else's work or ideas as your own without giving proper credit. Given this definition, there may be times when using Chat GPT can amount to plagiarism. You may also encounter some moral and ethical issues when using AI models as well. Let’s take a look.
- [What Does “Human” Element Mean as it Applies to Copyright?](https://foundrylawgroup.com/what-does-human-element-mean-as-it-applies-to-copyright/): The U.S. Copyright Office will only register a work of authorship if that work is “eligible” for copyright protection. The “human” element to copyright is essentially one element for copyright eligibility. In short, the element requires that a work of authorship be created by a human being before it can be copyrighted. The Copyright Office will refuse to register a claim if it determines that a human being didn’t create the work.
- [Can I Use Chat GPT to Draft Employment Contracts](https://foundrylawgroup.com/can-i-use-chat-gpt-to-draft-employment-contracts/): We don’t recommend it. For those unfamiliar with Chat GPT, it’s essentially an artificial-intelligence (AI) chatbot that was created by a company called Open AI. It has garnered much attention as of late for its keen ability to generate content across a wide variety of channels, including memos, blog posts, and emails. You just ask the chatbot a question or enter in some search terms, and you have a completed document in seconds. But can you use Chat GPT to create a legal contract?
- [Nonprofit renewals – FAQ](https://foundrylawgroup.com/nonprofit-renewals-faq/): The State of Washington approved a new nonprofit law that went into effect on January 2, 2022. With the new requirements, there are new questions on the renewal form/process with the Secretary of State. Below are some common questions we are asked. To help other nonprofits we opted to share our responses for you to consider. Note this is not a substitute for consulting with your attorney but should help you make it through the questions on the form. 
- [Hey, Foundry: are you now in Spokane?](https://foundrylawgroup.com/hey-foundry-are-you-now-in-spokane/): Foundry Law Group is excited to announce its expansion into Spokane, Washington with the hiring of Spokane-based business attorney, Asif Lundstrom. 
- [Three questions to resolve before you enter a potential acquisition](https://foundrylawgroup.com/three-questions-to-resolve-before-you-enter-a-potential-acquisition/): One of my favorite parts about being an attorney at Foundry is the firm’s acquisition practice. Whether we are representing the buyer or seller, acquisitions are an exciting, pivotal moment for our clients. However, acquisitions are also stressful for clients: a lot of money is involved and the “what if” and “what about” considerations are endless.
- [Hey, Foundry: what are your thoughts on not including a vesting schedule for our founder shares?](https://foundrylawgroup.com/hey-foundry-what-are-your-thoughts-on-not-including-a-vesting-schedule-for-our-founder-shares/): Email from a startup whose founders have been working on the company’s product for months prior to incorporating:
- [New Independent Contractor Protection Ordinance to Take Effect Sept. 1](https://foundrylawgroup.com/new-independent-contractor-protection-ordinance-to-take-effect-sept-1/): On September 1, 2022, the City of Seattle will have a new ordinance regrading independent contractors. The new law, labeled the Independent Contractor Protection Ordinance (ICPO), is designed to protect independent contractors from delayed payment and help them receive greater information about the terms and conditions of their work. The ordinance only applies to independent contractors providing services within Seattle. The following answers some of the most frequently asked questions on the ICPO.
- [Delaware or Washington: Where Should I Incorporate My Startup?](https://foundrylawgroup.com/delaware-or-washington-where-should-i-incorporate-my-startup/): This is a common question that our attorneys often hear from Washington startups. While the specific answer will likely depend on your particular company and situation, there are a few factors to take into consideration when deciding on your state of incorporation. Some of these include the requirements of incorporation, the overall cost of incorporation, and the impact your decision may have on investors. In the end, keep in mind that you always have the option of first incorporating in Washington and then, if need be, converting into a Delaware corporation.
- [Are Non-Solicitation Clauses Enforceable?](https://foundrylawgroup.com/are-non-solicitation-clauses-enforceable/): A non-solicitation clause is a common provision that employers incorporate into their employment agreements. The clause essentially tries to protect a company’s clients. Under Washington law, non-solicitation provisions are generally enforceable provided that they meet certain conditions.
- [The Importance of Information Security Policies & Why Your Company Needs One](https://foundrylawgroup.com/the-importance-of-information-security-policies-why-your-company-needs-one/): Information security policies, also known as “ISPs,” refer to a collection of directives, regulations, and rules that advise and direct how an organization manages, protects, and distributes its information. These policies often cast a wide net, as they normally address all of an organization’s data, programs, systems, facilities, infrastructure, users, and third and fourth parties. Some common examples include:
- [Are Electronic Signatures Valid in Washington?](https://foundrylawgroup.com/are-electronic-signatures-valid-in-washington/): In many instances, yes. Washington adopted the Uniform Electronic Transactions ACT (UETA) in 2020. UETA sets forth specific requirements concerning the validity of electronic signatures for transactions related to business, commercial, and governmental matters. Learn of best practices to help ensure your business complies with the law.
- [What Does Indemnity Mean and How Does it Impact my Business?](https://foundrylawgroup.com/what-does-indemnity-mean-and-how-does-it-impact-my-business/): “Indemnity” is a legal term that often arises in discussions and dealings with business contracts. The term means that if one party to a contract suffers a loss because of a second party’s conduct, the second party has to compensate the first party. Please note, though, that the specific scope and effect of an indemnity clause will likely depend on the intent of the parties and the way in which the clause was drafted.
- [Hey, Foundry: Authorized Shares & Ownership](https://foundrylawgroup.com/hey-foundry-authorized-shares-ownership/): Email from a recently formed two founders start up:
- [Non-Solicitation v. Non-Compete Clauses](https://foundrylawgroup.com/non-solicitation-v-non-compete-clauses/): Non-solicitation and non-compete clauses are both common provisions that employers incorporate into employment agreements. While the two may have similarities, they are quite different provisions that accomplish separate goals. Note, too, that in 2019, Washington state revised its non-compete laws. This means that if your employment contracts include a non-solicitation and/or a non-compete clause, now might be a good time to review them to ensure they comply with Washington’s employment laws.
- [New Washington Law Limits Use of Certain Nondisclosure and Nondisparagement Provisions in Employment Agreements](https://foundrylawgroup.com/new-washington-law-limits-use-of-certain-nondisclosure-and-nondisparagement-provisions-in-employment-agreements/):  
- [Trade Secret Basics – Protect Your Company’s Confidential Information](https://foundrylawgroup.com/trade-secret-basics-protect-your-companys-confidential-information/): A “trade secret” is generally defined as a piece of confidential information belonging to a company that provides the business with a competitive advantage in the marketplace. A few common examples include recipes, formulas, or presentations. While trade secrets can prove invaluable to a company’s success, owners must take appropriate steps to ensure their “secrets” remain under wraps.
- [Understanding an NDA and Issues to Watch Out For](https://foundrylawgroup.com/understanding-nda/): Whether you are exploring an exciting new partnership, joint-venture opportunity, or seeking funding to grow your company, non-disclosure agreements (NDAs), or confidentiality agreements, are a normal component of many early negotiations.  While most NDAs contain boilerplate language, there are issues you should pay attention to and understand prior to signing an NDA.  Below we’ve highlighted certain general and high-level concepts and issues to be aware of regarding NDAs.
- [Washington State LLC Builder For Multi-Member LLCs](https://foundrylawgroup.com/multi-member-wa-llc-builder-article/): If you have or are thinking about going into business with others, then you know how important it is to get the right legal foundation in place for your company. A solid foundation means less time spent debating issues as they arise and more time focused on what matters for your business. For new or growing LLCs, the most important legal document is an Operating Agreement, the document that governs key terms about ownership, management, transfers, buyouts, and resolving disputes. A comprehensive LLC Operating Agreement can be hard to come by just off the internet and can be cost-prohibitive with law firms. 
- [Trademark Modernization Act: Overview](https://foundrylawgroup.com/trademark-modernization-act/): On December 27, 2020, the Trademark Modernization Act ("TMA") was signed into law, making changes—some effective immediately—to the Lanham Act. Among the changes, some specifically important ones to note are:
- [CCPA Compliance: One Year Later](https://foundrylawgroup.com/ccpa-compliance-one-year-later/): It was only one year ago that the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA is a landmark privacy law providing California residents various protections with regard to personal information. Even though the CCPA is in effect, it is still undergoing rulemaking with the 4th Set of Modifications to the Proposed Modifications released December 10, 2020. The deadline to submit comments to this round of modifications was December 28, 2020. This blog revisits the CCPA and provides some information about CCPA compliance.
- [California Gig Worker Law Prop 22 Overview](https://foundrylawgroup.com/california-gig-worker-law/): On November 3, 2020, California voters passed ballot initiative Proposition 22, the so-called California gig worker law, which, effective January 1, 2021, will exempt app-based transportation and delivery companies such as Uber, Lyft, and Door Dash from providing employee benefits to certain drivers. At the same time, Proposition 22 will enact certain wage and labor policies specific to app-based drivers and companies. Essentially, Proposition 22 creates a new type of worker, an independent contractor that enjoys certain similar benefits and protections afforded to employees. This post provides an overview of the new California gig worker law.
- [How to file a DBA in Washington State](https://foundrylawgroup.com/how-to-file-a-dba-in-washington-state/): A common question that many businesses have is how to file a DBA in Washington State. This post provides some information about DBAs and a step-by-step guide to file a DBA in Washington State
- [Can you Trademark a Hashtag? When Your ™ is a #hashtag](https://foundrylawgroup.com/trademark-a-hashtag/): It may go without saying, but #hashtags are a vital part of attracting the right eyes to your social media marketing efforts. However, what happens when your #hashtag becomes associated with your particular brand of goods or services? Is it now a trademark? Can (and should) you obtain federal trademark protection for your mark? This post explores whether, when, and how to trademark a hashtag.
- [Acquisition – When Should I Hire an Attorney?](https://foundrylawgroup.com/when-should-i-hire-an-attorney-for-an-acquisition/): Congrats on the acquisition prospect! This is both an exciting and nerve-racking opportunity. Hiring an attorney during an acquisition is a natural expectation. The question we are addressing in this post is when to do so.
- [CCPA Compliance: Businesses and Service Providers](https://foundrylawgroup.com/ccpa-compliance/): The California Consumer Privacy Act of 2018 (CCPA) went into effect on January 1, 2020, and many companies (and lawyers) are scrambling to make sense of how the law will apply to businesses in Washington State. Below is a brief overview of CCPA compliance concepts, as well as some practical advice for businesses looking to comply with the new law. 
- [Washington State COVID-19 Business Resources](https://foundrylawgroup.com/washington-state-covid19-business-resources/): This post covers Washington State COVID-19 business resources and relief. COVID-19 is having an impact on all businesses throughout the State of Washington. Below is a brief list of some important resources available now for Washington businesses affected by COVID-19.
- [Paid Family and Medical Leave:  What do businesses need to know?](https://foundrylawgroup.com/paid-family-and-medical-leave-what-do-businesses-need-to-know/): Washington State adopted the Paid Family and Medical Leave program in 2019. This law, in short, created a system where qualified employees who need to take time off to care for themselves, loved ones, or the birth or adoption of a child could take a certain amount of time off and also receive supplemental wage payments while off.
- [Entity Conversion in Washington State](https://foundrylawgroup.com/entity-conversion/): Entity conversion refers to when an entity changes from one entity type to another within a state (e.g., a Washington LLC to a Washington corporation) or when an entity changes its "home state" (e.g., a Delaware LLC to a Washington LLC). Washington law specifies requirements for converting an entity within the state. This post considers both the statutory basis for conversion in Washington as well as a general process to follow to convert an entity.
- [Amazon Brand Registry – What it is and How to Enroll](https://foundrylawgroup.com/amazon-brand-registry-enroll/): Among the various brand protection services offered by Amazon, such as Transparency, an item-level tracing service to help protect against counterfeits, is Amazon Brand Registry. This is a suite of tools available to proactively protect and give more control to brands.
- [Non-Compete Changes in Washington State Signed Into Law](https://foundrylawgroup.com/new-wa-non-compete/): Non-compete clauses are commonplace in many agreements. Generally, non-compete clauses limit an individual's ability to compete with an employer's business while working for the employer or after ending the working relationship. With a growing economy, cities like Seattle rely on attracting top talent. Since most employees stay on for just a few years, workers (and other employers) benefit greatly from the ability of employees to move around without being subject to an unduly restrictive non-compete clause.
- [Bots and CA’s New Law – Key Takeaways](https://foundrylawgroup.com/ca-law-bots/): With increased attention on the development and use of bots, California's new bot law holds some key takeaways. Most importantly, California is setting an example for other state or national laws, but does it go far enough?
- [Startup Creation Weekend – GoVertical](https://foundrylawgroup.com/startup-govertical/): Foundry Law Group has the pleasure of sponsoring the GoVertical ML/AI Startup Creation Weekend, hosted by Madrona Venture Labs and TiE Seattle.
- [IoT Privacy and Data Security – Impact of New CA Laws](https://foundrylawgroup.com/iot-law-ca/): IoT (or Internet of Things) has seen a boom in the past several years. Connected devices such as Alexa or Siri are well known, but many more products feature connected functionality. In general, IoT has been far less understood and far less regulated from a privacy and data security standpoint. This year California has passed laws affecting connected devices.
- [Does my startup need Patent or Trade Secret protection on its IP?](https://foundrylawgroup.com/patent-trade-secret-protection/): One of my favorite responses to any question is: “I guess I’ll have to answer your question with another question.”  It’s probably the reason people generally avoid me at parties, but so often when giving any advice, it makes more sense to leave the decision in the hands of the person with the most intimate knowledge of their own situation, and go through some of the big questions to help them find their way.  If the question of how to protect your startup's IP has you wondering where to start, you may find the discussion on patents and trade secrets below helpful to your thought process.
- [What Makes a Good Privacy Notice?](https://foundrylawgroup.com/makes-good-privacy-notice/): A “Privacy Policy” commonly refers to what is technically a business’ “Privacy Statement” or “Privacy Notice”. The policy is made up of the internal and external protocols, rules, guidelines and steps that a business takes regarding the collection, use, storage and destruction of personally identifying information (PII) and non-personal (aka. “technical”) information. Businesses put a lot of time and effort into packaging, displaying or presenting their goods and services so it’s attractive to its consumers and users. It only makes sense that they invest the same energy in fostering goodwill and trust by providing their users with a to-the-point, transparent privacy notice and strong privacy policies to back it up.
- [Web Scraping: Pitfalls and Proactive Best Practices](https://foundrylawgroup.com/web-scraping-pitfalls-best-practices/): If your business relies on insights from reviews, comments or other aggregated data, chances are that you are tempted to engage in a little (or a lot of) web scraping. Web scraping is essentially conducting automatic data extraction from one website, for use by a different party. It’s sometimes referred to as “web harvesting” or “web data extraction”. The scraped information offers a snapshot of who and what users like, dislike, where there is a dense user population and where users are scarce, among many other types of data points.
- [Make it a Policy to Protect Your Business From Privacy Threats](https://foundrylawgroup.com/protect-from-privacy-threats/): While many countries use a comprehensive approach to developing privacy laws that apply throughout the economy, privacy laws in the US have been developed using a sectoral model, such that privacy laws apply piecemeal to a selected market segment. The first such privacy law to be enacted in the U.S. was the Fair Credit Reporting Act (FCRA) in 1970. This law mandates accurate and relevant data collection to give consumers the ability to access and correct their information, amongst other core functions. The Gramm-Leach-Bliley Act (1999) applies to financial institutions in the U.S., and the Health Insurance portability and Accountability Act (HIPAA, 1996) creates national standards to protect the privacy and security of personal health information. In each case, the laws promulgated under these acts apply specifically and exclusively to data collection, storage, use and disclosure in a particular industry or to collectors of the same type of data across different industries.
- [<del>who’s</del> You’ve Got <del>your</del>  Mail](https://foundrylawgroup.com/youve-got-email-privacy-concerns/): In an effort to bolster existing online communications law, the U.S. Congress introduced the Email Privacy Act in February 2015. The Act would require authorities to obtain search warrants to access emails and other communications in cloud storage over 180 days old. Currently, the ECPA mandates that authorities may obtain this data from an ISP through an “administrative subpoena”, which does not require judicial confirmation. As of October 2016, the Act is awaiting Senate approval. If passed, the Act would represent a big leap in aligning outdated privacy communication provisions with current trends in cloud-based data storage.
- [Minors Making Payments: The Cost of Violating COPPA & Easy Fixes to Make Now](https://foundrylawgroup.com/minors-making-payments-cost-violating-coppa-easy-fixes-make-now/): A Time Old Tale: A Founder’s (Frenetic) Internal Thoughts
- [Hansel & Gretel Need Not Fear, Washington Permits Cottage Food Businesses](https://foundrylawgroup.com/cottage-food/): Are you a wicked candy and gingerbread cook who's ever wondered whether you can sell your homemade treats? The answer is, "Yes, you can", and you don't need a hideout in the woods to do it. With a healthy dose of entrepreneurial spirit, you can start a food business out of your very own kitchen. Washington State “permits” direct-to-consumer sales of certain foods made in your home kitchen under its Cottage Food Laws.
- [Client Profile:  Reliable Products and PureFarm Organics](https://foundrylawgroup.com/client-profile-reliable-products-purefarm-organics/): On August 12, 2016, Madhu and I had the pleasure of meeting with Ashish Lakhani, the President and Founder of Reliable Products and PureFarms Organics, along with his father, Vipin Makhani.
- [Coping with COPPA: Protecting Children’s Online Privacy](https://foundrylawgroup.com/coppa-protecting-childrens-online-privacy/): What is COPPA?
- [Starting A Food Business: From Soup to Nuts](https://foundrylawgroup.com/starting-food-business-soup-nuts/): You know food. You know the kitchen. And you know your customers. You’ve got your menu figured out, you know what staff you need to hire, and you’ve got a pretty good idea what atmosphere you hope to create. What next?
- [Can you Keep a (Trade) Secret? The Defend Trade Secrets Act of 2016](https://foundrylawgroup.com/defendtradesecretsact/): Before May 11, 2016, only three out of four forms of intellectual property – patents, trademarks and copyrights – were protectable and enforceable at the federal level. The Defend Trade Secrets Act of 2016 (DTSA) now provides federal protection for – you guessed it – trade secrets. Prior to the DTSA, trade secrets were enforced at the state level, generally under the Uniform Trade Secrets Act (UTSA), adopted in 48 states. Although uniformity might be expected when the name of the act includes the very word, enforcing trade secrets was previously inconsistent and unpredictable, owing to the various state interpretations of the UTSA, making it difficult to enforce trade secrets harmoniously across state lines.
- [5 Reasons to Work with Foundry, So That Foundry Can Work for You](https://foundrylawgroup.com/foundryonyourteam/): Recently, I received an email from an existing client. They had interviewed several law firms including several larger ones before deciding to engage with Foundry. They appreciated our experience and approach. They wrote to let me know that their investors have expressed a preference that they work with a larger, more established law firm. This is not the first time a client has shared this exact investor concern with me. It’s caused me to reflect on business lessons I’ve learned and allowed me to respond simply by reiterating Foundry’s value proposition.
- [Social Purpose Corporations: Beyond the Profits](https://foundrylawgroup.com/socialpurposecorp/): Social Purpose Corporations (SPC) are an interesting and (relatively) new corporate form available in Washington State that gives directors and officers the luxury of exploring ways to positively impact their employees, community, and environment, with less fear of repercussions via legal action from angry shareholders.  If you are starting a company that has one of these aforementioned goals in mind, then the Social Purpose Corporation structure may be right for you. While the benefits of becoming an SPC seem clear, the drawbacks are a little less easy to see.
- [5 Ways to Protect Your Cannabis Brand](https://foundrylawgroup.com/5-ways-protect-cannabis-brand/): As a cannabis business owner you have probably invested quite a bit in your brand and creating a market for your product. The last thing you want is for someone else to tell you that you have to change your brand or you see someone using something very similar to your brand.  We have all heard the horror stories of your friend receiving a cease and desist letter and had to spend thousands in legal fees and rebranding costs.  The question we get often is how do we reduce this risk? While nothing is 100% there are ways to mitigate this risk so you don’t have to see your hard work be impacted.
- [Relief In Sight: Liquor & Cannabis Board to Consider Rules Changes](https://foundrylawgroup.com/relief-in-sight-liquor-cannabis-board-to-consider-rules-changes/): I have been telling my cannabis industry clients and constituents for two years to be patient; the regulations which, to a great extent, have choked the development and growth of the legal cannabis industry in Washington, will loosen up eventually. Washington's restrictive and conservative approach, which has purposefully stayed under the federal oversight scrutiny, appears to be relaxing in some rather substantial and positive ways if the proposed rule changes announced by the WA State Liquor and Cannabis Board on January 6, 2016 are adopted by the Board come February 24th.
- [Kickstarter Karma: Backers Fight Back](https://foundrylawgroup.com/kickstarter-backer/): For many budding entrepreneurs, Kickstarter.com can be their answer to beginning their businesses…or a nightmare of angry “backers,” broken promises and refund demands.
- [Businesses asking to “follow us on…” blurs the lines of social media and business assets](https://foundrylawgroup.com/businesses-asking-to-follow-us-on-blurs-the-lines-of-social-media-and-business-assets/): So while traditional assets can be transferred, purchased, and sold through asset agreements, social media assets can involve a more complicated process based on its relevant Terms. Sites also tend to protect against sensitive information being exchanged, such as login and security information, preventing an alternative take-over of the account. In particular, considering the nature of social media, such take-overs are inherently risky due to potential infringement, misuse, and abuse of the account.
- [Who wore it better? The grey area of copyright in the world of fashion design and imitations.](https://foundrylawgroup.com/who-wore-it-better-the-grey-area-of-copyright-in-the-world-of-fashion-design-and-imitations/): The answer lies mainly in copyright and patents – or lack thereof. Designs are typically not copyrighted because the bar for copyrighting a design is incredibly high. Though copyrights are meant to protect innovation and creativity, there is a high bar to protect innovations of utility. Clothing is considered a utilitarian article, which is the main reason why fashion design in general is so difficult to copyright. Dresses, hats, pants, and other basic clothing cannot be copyrighted because they serve a useful purpose. The design is protected under copyright “only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.” 17 U.S.C. § 101. This test for separability is meant to distinguish between copyrightable work and potentially utilitarian designs.
- [Part III: Crowdfunding and JOBS Act Simplified — What a Successful Campaign Looks Like](https://foundrylawgroup.com/part-iii-crowdfunding-and-jobs-act-simplified-what-a-successful-campaign-looks-like/): In 2014 (year 1 of crowdfunding from accredited investors under the JOBS Act Title II) there were 534 successful campaigns. Most campaigns were in Seed and Series A rounds with rounds from $500,000 to $3 million. But there were 2,824 that did not get funded. However, with an average of $407,685 per company, crowdfunding under Title II was a true success. California lead in both the number of companies and the capital raised. New York, Florida, Texas, and Illinois followed suit. Come on, Washington!
- [Part II: Crowdfunding and JOBS Act Simplified – Players and Best Practices](https://foundrylawgroup.com/crowdfunding-and-jobs-act-simplified-players-and-best-practices/): Now that we know what crowdfunding is, where it came from, where it is heading, and what potential it has, let’s focus on who the players in a crowdfunding campaign are, and some best practices for each player. In Part III, we will find out what a successfully launched crowdfunding campaign looks like – stay tuned.
- [Part I: Crowdfunding and JOBS Act Simplified – Context and Terminology](https://foundrylawgroup.com/part-i-crowdfunding-and-jobs-act-simplified-context-and-terminology/): This 3-part series is based on the handout I created for the Equity Crowdfunding Workshop
- [Copyright & Copywrong: What are Derivative and Transformative Works?](https://foundrylawgroup.com/copyright-copywrong-what-are-derivative-and-transformative-works/): Recently, we’ve been asked several times about the nature of a certain work as it relates to copyright infringement.
- [Check the Box Licenses: Effective? We say Yes!](https://foundrylawgroup.com/check-the-box-licenses-effective/): At Foundry we draft and review terms of service, terms and conditions, and end user license agreements on a regular basis. Each time, we are faced with the question of the best way to display the terms of service and have end users agree to them? In our work we always review the placement of terms of service with our clients and almost always recommend a “check the box” option. We find that it is better then just posting the terms of service on the site and telling the end users to go look at them in some way or form.
- [The Falsity of the Frivolity of Fashion Law](https://foundrylawgroup.com/the-falsity-of-the-frivolity-of-fashion-law/): “Fashion Law”. It sounds like an oxymoron, doesn’t it? After all, fashion, which typically evokes images of supermodels and Anna Wintour, is more “The Devil Wears Prada” than “Devil’s Advocate”. Long considered too frou-frou for serious lawyers to be concerned with, fashion law has proven to be an emerging practice area in recent years, housed in one of the most lucrative global industries, creating new grounds for lawyers with various areas of expertise to strut their stuff.
- [My Startup Weekend Rollercoaster Ride](https://foundrylawgroup.com/startup-weekend-and-my-rollercoaster-ride/): Attending a Startup Weekend is like riding a rollercoaster for the first time: after you’ve attended once, you decide whether you’re a rollercoaster-person or not. If you are, you want to take another ride. And maybe another after that! Startup Weekend is a weekend full of hands-on experience where experienced and aspiring entrepreneurs’ work together to determine the viability of a startup. It is also the perfect way to discover if you possess the entrepreneur gene - the same one that makes you a rollercoaster-person or not. 2014 was my rollercoaster gene discovery year; after Seattle startup bigwigs Greg Gottsman and Chris DeVore encouraged me to take the first step into finding out if I had this entrepreneur gene, I joined over 150 others who decided to participate in Startup Weekend Kirkland (Maker’s Edition) on Friday 14th November.
- [An Angel Investor Reflects on a Pool of Seattle’s Startup Talent](https://foundrylawgroup.com/angel-investor-reflects-pool-seattles-startup-talent/): Something momentous happened in my life at Seattle Angel Conference VI (SAC). On November 12th, 2014, together with a community of supportive investors, I officially became an angel investor. But I am a lawyer and this is our firm’s blog, so why do I want to write here about my exhilarating experience of becoming an angel investor? It’s simple: angel investors provide a valuable and reliable source of guidance, support and capital for early stage start-ups, and most of my clients are promising early startups. As with most investment transactions, angel investment is subject to federal and state securities laws; investing, the law, and being an angel are all tightly interconnected, and understanding these relationships and what goes behind the scenes is important to my clients and me both. So, I hope the lessons I share here are valuable to many of you.
- [Participation vs. Endorsement: What Does Your Hashtag Contest Mean to the FTC?](https://foundrylawgroup.com/ftc-hashtag/): Recently the FTC issued a warning letter to Cole Haan for a hashtag contest they were promoting on Pinterest, Contestants had to create a Pinterest board and post five pictures of Cole Haan shoes, pictures of places where they love to wander, and tag each photo with #WanderingSole, in order to win $1000 shopping money at Cole Haan.
- [#BestContestEver #TopTenBestPractices](https://foundrylawgroup.com/bestcontestever-toptenbestpractices/): Are you thinking about running a social media contest to engage your users and help your business stand out? We're sharing our top ten things to think about to run a successful social media contest and create a positive experience in the process.
- [Working Interviews](https://foundrylawgroup.com/working-interviews/): Working interviews are a good way to see if the interview candidate has the basic necessary skills for a job, especially where a resume description of the skill may not suffice. Typically, the working interview is no more than a day or two, but in the case of a groomer, I think the interview would be no more than a couple of hours.
- [Too Broad, Too Narrow or Just Right? The Importance of Classifications in Trademark Applications](https://foundrylawgroup.com/broad-narrow-just-right-importance-classifications-trademark-applications/): At first glance, it may seem peculiar that the same trademark office would allow the registration of seemingly very similar trademarks; take “Apple Records” (the Beatles-founded record company) and “Apple Inc.” (the computer company), or the “San Francisco Giants” (they play baseball) and the “New York Giants” (a football team). Each owner of these separate trademarks uses the mark for different goods and services, highlighting the importance of strategic classification for marks that practically lend themselves to case studies about the average consumer’s likelihood of confusion between the marks. On the other side of the coin, the General Court within the EU Court of Justice recently rejected the British online apparel retailer ASOS plc.’s trademark application with respect to “clothing”, finding ASOS and ASSOS (the Swiss biking-apparel brand) too confusingly similar. This, despite little actual confusion amongst consumers as to the source of clothing, and evidence to show the “peaceful coexistence” of the brands in the marketplace.
- [Creative Commoners: The Rise of Crowdsourcing Contests in Advertising:](https://foundrylawgroup.com/creative-commoners-rise-crowdsourcing-contests-advertising/): The rise of video advertising spending (projected at $8.04 billion in 2016), has helped to pave the way for open innovation and collaborative creation as a cost-effective, creativity-efficient means to reach the masses. Coupled with the rise in video-enabled social media usage – from Instagram to Vine to Youtube – and its spread across almost every device and platform, crowdsourcing video advertising content has served to disrupt traditional marketing models, forcing advertisers to be quick to respond to change, while keeping their production budgets in check.
- [Work For Hire vs. Assignment of Work Product](https://foundrylawgroup.com/work-for-hire-v-assignment-of-work-product/): Work-For-Hire
- [Blurred Lines: “Dumb Starbucks” Reopens the Fair Use vs. Trademark Infringement Debate](https://foundrylawgroup.com/blurred-lines-dumb-starbucks-reopens-the-fair-use-vs-trademark-infringement-debate/): Dumb Starbucks, the Los Feliz, CA, pseudo-coffee shop with the look and feel of the ubiquitous Seattle-based Starbucks Corporation has reopened discussion as to what constitutes “fair use” of another’s trademark, and what is just plain trademark infringement. For a few days the origin of the single Dumb Starbucks location was unknown, but Comedy Central comedian Nathan Fielder quickly confessed to be the man behind the store. Fielder also explicitly stated that although Dumb Starbucks was a “fully functioning coffee shop, for legal reasons Dumb Starbucks needs to be categorized as a work of parody art.” For other legal reasons, the Los Angeles County Health Department posted a notice of closure on the store’s front door.
- [Super Game, Big Bowl: The No Fun League’s Aggressive Stance on IP Protection](https://foundrylawgroup.com/super-game-big-bowl-the-no-fun-leagues-aggressive-stance-on-ip-protection/): If you haven’t shelled out at least $1 million in a sponsorship deal with the NFL, what will you call what you watch on Sunday? The NFL owns at least eight trademarks (including “Super Bowl”, “Pro Bowl” and “Super Sunday”) and has a nasty reputation for being overly aggressive about protecting their IP. It also owns the copyright in the telecast of the game itself, although enforcement has been narrowed on this front, as the NFL tries not to be a spoilsport about Super Bowl parties that don’t charge an admission fee.
- [‘Pinterested’ in Registering Your Trademark? Do it Sooner Rather than Later](https://foundrylawgroup.com/pinterested-in-registering-your-trademark-do-it-sooner-rather-than-later/): Businesses everywhere stood up and took notice when the European Commission’s Office for Harmonization of the Internal Market (OHIM) recently rejected “in its entirety” Pinterest Inc.’s claim to the Pinterest trademark in the EU. It seems like a company called Pinterest would be a prime candidate to register the trademark “Pinterest” – unless a small London start-up by the name of Premium Interest snatches it up first.
- [Doissant, Cronut, and Doughssant – Your Guide to the Trademark Likelihood of Confusion Standard](https://foundrylawgroup.com/doissant-cronut-and-doughssant-your-guide-to-the-trademark-likelihood-of-confusion-standard/): By Megan Wargacki:
- [Delaware passes into law the Public Benefits Corporation](https://foundrylawgroup.com/delaware-passes-into-law-the-public-benefits-corporation/): Delaware has passed into law the formation of Public Benefits Corporation and the forms are up and running as of August 1, 2013.
- [Advertisements and Social Media – A Dangerous Mixture If You Don’t Know Some Basic Rules](https://foundrylawgroup.com/advertisements-and-social-media-a-dangerous-mixture-if-you-dont-know-some-basic-rules-2/): By Megan Wargacki:
- [Protecting Your Business Against Trade Secret Theft](https://foundrylawgroup.com/protecting-your-business-against-trade-secret-theft/): By Megan Wargacki:
- [Planning for Best Practices in Merchandising, Amazon Averts Trademark Infringement](https://foundrylawgroup.com/planning-for-best-practices-in-merchandising-amazon-averts-trademark-infringement/): Could Coca-Cola sue a diner for offering Pepsi to customers who requested Coke?
- [Responsible User Generated Content Management](https://foundrylawgroup.com/responsible-user-generated-content-management/): The balance between managing your company's interest and maintaining the integrity of your user's intellectual property CAN and SHOULD be a SYMBIOTIC relationship.
- [Building User Trust through Transparent Terms of Use](https://foundrylawgroup.com/building-user-trust-through-transparent-terms-of-use/): Terms of Use that users consent to by just using the site-- Seems rather one sided doesn't it? Maybe that is why there is so much distrust of sites like instagram and other social sites. Is there a better way to approach this so that Users trust my service? and don't mind 'consenting'? Our answer is yes, below are a few tips on how best to communicate your terms of use while maintaining user confidence.
- [Does your Intern qualify as an unpaid intern?](https://foundrylawgroup.com/does-your-intern-qualify-as-an-unpaid-intern/): According to a recent article by the New York Times, unpaid internships are proliferating. Given the continuing uncertainty of the economy, this shouldn't come as a great surprise - it's hard to beat the allure of free labor. However, employers need to be wary about how they structure any offered internships; otherwise, they could run afoul of federal and state wage and hour laws.
- [Does the Seattle Paid Sick/Safe Time Ordinance Apply to Your Business?](https://foundrylawgroup.com/does-the-seattle-paid-sicksafe-time-ordinance-apply-to-your-business/): All employers with employees working in Seattle, even those who only work in Seattle occasionally, need to read-up on Seattle's Paid Sick/Safe Time ordinance (PSST for short). If PSST applies to your business, it establishes minimum standards for paid sick leave and safe time for most of your Seattle employees.
- [Social Purpose Corporation, Maximizing Sustainable Business in Washington State](https://foundrylawgroup.com/social-purpose-corporation-maximizing-sustainable-business-in-w/): In Washington State, being socially conscious doesn’t mean choosing between doing good and doing good business.
- [Navigating Pinterest and Its Copyright Challenges](https://foundrylawgroup.com/navigating-pinterest-and-the-copyright-issues-it-raises/): In the 2 years since Pinterest launched itself as an invite-only social bookmarking service, the size of its user base and web traffic have made Pinterest into a social network heavy weight. Consequently, we need to understand how Pinterest handles third-party intellectual property. In relation to such content, in this post we discuss how is used on the website, Pinterest's relevant policies towards such content, and what options are available to rights holders.
- [Crowdfunding Act: What could it mean for the Entrepreneur or Startup?](https://foundrylawgroup.com/crowdfunding-act-what-could-it-mean-for-the-entrepreneur-or-startup/): The Crowdfund Act is an amended version of the JOBS ACT that will permit the SEC to allow for certain types of investments by individuals who don't normally qualify as qualified investors under the SEC to make investments through SEC Approved websites. The Act has successfully passed both the House and the Senate. There is a long road ahead for actually enacting the bill but its allowances could be huge for Entrepreneurs and Startups.
- [SOPA and PIPA: Breaking Down the Bills and Possible Affects on Internet Piracy](https://foundrylawgroup.com/sopa-and-pipa-breaking-down-the-bills-and-possible-affects-on-internet-piracy/): With the recent Internet-based blackout by big names in protest of the two bills, it's worth going over the proposed law and its potential impact on online piracy.
- [Effective Date 2012: Local and Federal Legislation Changes and Extensions](https://foundrylawgroup.com/effective-date-2012-local-and-federal-legislation-changes-and-extensions/): With the New Year in full swing, it’s a good time to consider new laws that will take effect in 2012 (and to be reminded of some that remain in effect).

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## Locations
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## Team
- [Isaro Carter](https://foundrylawgroup.com/member/isaro-carter/)
- [Shawndee Medeiros](https://foundrylawgroup.com/member/shawndee-medeiros/)
- [Andrew Moskow](https://foundrylawgroup.com/member/andrew-moskow/)
- [Kamelia Vineva](https://foundrylawgroup.com/member/kamelia-vineva/)
- [Joe Skocilich](https://foundrylawgroup.com/member/joe-skocilich/)
- [Madhu K. Singh](https://foundrylawgroup.com/member/madhu-k-singh/)