setting up a website (series: intellectual property issues for the newish business)

SETTING UP A WEBSITEINTELLECTUAL PROPERTY - 201 SERIES

Premier date: November 18, 20161

Premier Date: November 18, 2016

SETTING UP A WEBSITE

IP-201 SERIES

© 2016 DailyDAC, LLC d/b/a/ Financial Poise™ 2

WE WOULD LIKE TO TAKE THIS OPPORTUNITY

TO THANK OUR SPONSORS


meet the faculty

PANELISTS

Dave Freedman Journalist and Author

Darren Spielman Kain Spielman, P.A.

Steve Starzyk Financial Poise

MODERATOR

Cory Spence, SpencePC


Practical and entertaining education for business owners and executives, accredited investors, and their legal and financial advisors. For more information, visit

www.financialpoise.com

DISCLAIMER:

THE MATERIAL IN THIS PRESENTATION IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT

BE CONSIDERED LEGAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE

WHAT MAY BE BEST FOR YOUR INDIVIDUAL NEEDS.


http://www.financialpoise.com/

about this webinar

As e-commerce continues to become increasingly important, more

and more individuals and companies are finding it necessary to

market themselves through a personal or company website. But

setting up a legally-compliant website is often trickier than it sounds.

This webinar discusses some of the legal issues that individuals and

companies need to know to avoid potential liability when establishing

a website. It also discusses laws that can be used to effectively

protect website content.


about this series

In today's economic environment, intellectual property (IP) rights have become increasingly important

assets for both individual and corporate entities. More and more, both are recognizing the economic

importance of IP rights--whether those rights consist of a single patent--or whether they consist of an

entire portfolio also including trademarks, copyrights, and trade secrets.

This information-packed webinar series focuses on the intricacies of IP rights as they relate to the

specific areas of brand protection, IP transactions, internet marketing, and other IP issues that are

critical when representing innovators and inventors. Join some of the leading attorneys in the World,

as they discuss—in plain English for the non-expert—some specific IP challenges that individuals,

businesses, and those who represent them are likely to face.

As with all Financial Poise webinars, each episode in the series is designed to be viewed independently

of the other episodes, and listeners will enhance their knowledge of this area whether they attend one,

some, or all of the programs.


episodes in this series

EPISODE #1 Choosing & Protecting Your Brand 9/23/16

EPISODE #2 Buying & Selling IP 10/21/16

EPISODE #3 Setting Up a Website 11/18/16

EPISODE #4 Legal Issues for Innovators & Inventors 12/16/16

Dates above are premier dates; all webinars also available on demand


AREAS OF LAW INVOLVED IN WEBSITES

• Domain Names identify the website

• Trademark identify the source of a good or service used

in commerce.

• Copyrights protect original works of authorship –

including content and website design.

• Defamation false statements made about someone or

some organization that is damaging to their reputation

• Privacy the collection and sharing of user data


DOMAIN NAMES

• A domain name is the address where the website you create can be found.

• A domain name consists of, at least, a top-level and a second-level domain. A top-level domain (TLD) is the part of the domain name located to the right of the dot ("."). The most common TLDs are .com, .net, and .org.

• New top-level domains available

• These new TLDs encompass a broad range of “.”s including .lawyer, .LLP, .attorney, .me

• As of October 2016 – “branded domains” began popping up with Google using “.google” instead of the traditional “.com”


DOMAIN NAME ISSUES

• Just because a domain name is available, does not mean it is actually available for use

• Lanham Act protects from “cybersquatters”

• 15 U.S.C. 1125(d) Anti-Cybersquatting Consumer Protection Act

• Protects owners of legitimate trademarks from individuals that register a domain in “bad faith” for the purposes of profiting off the owner’s trademark

• 15 U.S.C. 1830 Cyber-piracy Protection for Individuals• Protects individuals from those that register domains that

contain the individual’s personal name in “bad faith”© 2016 DailyDAC, LLC d/b/a/ Financial Poise™ 11

CHOOSING A DOMAIN NAME


• DUE DILIGENCE

• Ensure the domain name chosen does not conflict with any properly registered trademark (or any

other mark for that matter)

Appropriate Domain Name Extension

.co : an abbreviation for company, commerce, and community.

.info : informational sites.

.net : technical, Internet infrastructure sites.

.org : non-commercial organizations and nonprofits.

.biz : business or commercial use, like e-commerce sites.

.me : blogs, resumes or personal sites.

• PRICES

• Domain Names prices vary

• Ensure domain name being researched is within budget for website creation

TRADEMARKS


• A trademark is a word, image, slogan, or other device designed to identify

the goods or services of a particular party.

• Trademark Issues go hand in hand with Domain Names

• The Lanham Act, 15 U.S.C. 1050 et, seq., is the federal statute that

governs trademarks, service marks, and unfair competition. The Act

sets out procedures for federally registering trademarks, states when

owners of trademarks may be entitled to federal judicial protection

against infringement, and establishes other guidelines and remedies for

trademark owners.

Potential Trademark Issues


• Trademark Infringement: Trademark infringement occurs when one party utilizes the mark of another in

such a way as to create a likelihood of confusion, mistake and/or deception with the consuming public.

The confusion created can be that the defendant's products or services are the same as that of the

trademark owner, or that the defendant is somehow associated, affiliated, connected, approved,

authorized or sponsored by trademark owner. Since most web sites will contain discussions of products

or services, web site developers should be aware of the potential trademark issues.

• Discussing the trademarks of others: There is nothing inherently wrong with the identification of other

party's products on a web page by using their trademarks. Nonetheless, some parties have made

inappropriate claims of trademark infringement every time they see one of their marks on another party's

page. Sometimes, however, a web site does violate the trademarks of another. Web page designers

should avoid trademark usage that might cause confusion among viewers as to the source or

sponsorship of the web page. Such use might well constitute trademark infringement.

Potential Trademark Issues Cont’d


• Linking to another page through that party's logo or trademark: It is common to find a link to another web

page made through a company's name, trademark, or logo. In most cases, this type of link will not cause

trademark concerns unless the use causes the type of confusion discussed above. However, the use of

another party's logo without their permission may be more likely to raise the type of confusion that

creates trademark infringement, since a graphical logo arguably creates a stronger impression of

affiliation than mere text.

COPYRIGHTS


Copyrights protect original works of authorship, including literature, music,

artistic works, and computer software.

The main issue website owners run into with regard to the content found on their

website is copyright infringement

A party is guilty of copyright infringement if they violate one of the five exclusive

rights given to copyright owners under the Copyright Act. Included in those rights

are the right to prevent others from reproducing (or copying) a work, publicly

displaying a work, or distributing a work. As a result, web page authors should

take care not to copy the work of others.

COPYRIGHT ISSUES


Photographs and Images

• Creating original images from drawing and painting programs: The best way to obtain images is to

create them in a drawing or other image creation program. In doing so, however, it is best to start from

scratch rather than from someone else's creation.

• Taking images from third-parties: The simple rule is, "Don't steal someone else's images." The moment

an original image (or string of text) is fixed on a hard drive for the first time, it is protected by copyright.

• Clip-art Libraries Provided with Software: Other sources of licensed images include clip-art files, such

as those provided with Claris Home Page, Microsoft Front Page, and Adobe PageMill software.

Incorporating clip-art from these libraries into a page does not violate copyright law, as these images

are licensed to the purchaser of the software for this purpose. To avoid liability, however, a webmaster

must be careful to obey the terms of all applicable license agreements. For instance, the license may

not allow a user to alter the images in any significant way.

http://www.bitlaw.com/copyright/obtaining.html#fixation

Copyright Issues Cont’d


Photographs and Images Cont’d

• Free Images Off the Internet: Some web sites provide images that are for use by others. These images

may be used in a web page, as long as the terms proposed by the image creator are followed.

Typically, these sites only require that some type of credit is given to the author, including a link back to

the author's site. However, there remains the possibility that the images were misappropriated at some

point and were not original creations of the alleged author. In these cases, use of the images may

infringe the copyright rights of the original author.

COPYRIGHT ISSUES CONT’D


• Developing text for a web page. The guidelines for text development are similar to those for obtaining

images. Truly original text, developed by the creator of the web-site, may be used without copyright

concerns. As with images, appropriating text from third-parties without permission is illegal, unless

there is some substantial "fair use" justification for the taking. Use of third-party text pursuant to a

license agreement should follow the terms of the license agreement. As for public domain works, one

should never assume a work is in the "public domain" without independent investigation.

• Developing Java Applets, JavaScripts, and ActiveX scripts. Like text and pictures, it is normally a

violation of copyright law to appropriate scripting or programming from someone else without

permission. Many parties have made their scripts and applets available for use by the public. In these

cases, use is allowed as long as any requirements set forth by the programmer are followed.



CONTRACTING AROUND POTENTIAL INFRINGEMENT

• Work for Hire Doctrine: three requirements must be met for deliverables to

be work for hire. First, the deliverables must be specially ordered or

commissioned (i.e., they cannot already exist). Second, a written contract

between the company and the independent contractor must state that the

deliverables are work for hire. Third, the deliverables must come within one

of nine limited categories of works - business software and technical

documentation are not contemplated.

• Assignment Agreements: The best approach is for the contract with the

independent contractor to include an assignment of the copyright in all works

developed under the contract to the company.



DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)

• The DMCA protects internet service providers from liability for copyright infringement by their users, if

the internet service provider meets certain statutory requirements. To fall within the protection of the

DMCA, an internet service provider must, among other things, take certain steps when it receives

notice that infringing material resides on its network; adopt and implement a policy that provides for

termination in appropriate circumstances of users who are repeat infringers; and accommodate

standard technical measures that are used by copyright owners to identify and protect copyrighted

works. The DMCA protects only the internet service provider, and not the users of its system who

infringe copyright.

• The DMCA provides a notice procedure for individuals who believe their copyrights are being

infringed on the Internet (17 USC §512)

DEFAMATION


• The term defamation refers to a false statement made about

someone or some organization that is damaging to their

reputation.

• For a statement to be defamatory, the statement must be

published to a third party, and the person publishing the

statement must have known or should have known that the

statement was false.

DEFAMATION ISSUES


• Defamation in terms of the Internet is an emerging field

• Provider liability

• 47 U. S.C. § 230 of Communication Decency Act

• "No provider or user of an interactive computer service shall be treated as the publisher or

speaker of any information provided by another information content provider“

• In other words, online intermediaries that host or republish speech are protected against a

range of laws that might otherwise be used to hold them legally responsible for what

others say and do. The protected intermediaries include not only regular Internet Service

Providers (ISPs), but also a range of "interactive computer service providers," including

basically any online service that publishes third-party content.

• Author liability

• Internet Defamation is governed under the same legal analysis as traditional libel and slander.

• The law of defamation is governed by state law – making it a complex web of legal precedents

• Anonymous Posters and Pseudonym users are not immune to Internet defamation claims

PRIVACY LAW

• In the United States privacy law is a patchwork of state and federal laws as well as recommendations from various federal and state agencies. Website owners should protect their users rights and limit their own liability by employing:

• Privacy Policies

• Terms of Use

• In Europe, specifically the European Union, the right to privacy on the Internet is a fundamental human right


TERMS OF USE/SERVICE


Terms of Use assist website owners and operators limit legal liability based on user activity

• Terms of Use (or terms of service or terms and conditions) are rules that a user must agree to abide in

order to use a website. Terms of use can also be as simple as a disclaimer on a website.

• The extent to which a website needs a Terms of Use is depended on the services and content offered

at the website

• Terms of Use include:

• Definitions of key words and phrases

• User rights and responsibilities

• Proper or expected usage; potential misuse

• Accountability for online actions, behavior, and conduct

• Privacy policy outlining the use of personal data

• Payment details such as membership or subscription fees, etc.

• Opt-out policy describing procedure for account termination, if available

• Disclaimer/Limitation of Liability clarifying the site's legal liability for damages incurred by users

• User notification upon modification of terms, if offered

TERMS OF USE ISSUES


Terms of Use for websites offering services have come under scrutiny in US courts because of the potential

for “lack of user assent.”

Clickwrap

• When Terms of Use come under fire courts favor finding binding agreement where the user engages in

affirmative conduct acknowledging the terms of a Terms of Use. Courts do not require that the user

actually read the Terms of Use, but rather that they had the opportunity to review and assent to the terms.

• Opportunity to review is judged on a sliding scale:

• Requiring a user to scroll through Terms of Use before clicking “I Agree” is strong evidence of assent

• Requiring a user to click through various links to separate pages to gain access to the Terms of Use

diminishes the showing of assent

Browsewrap

• Browsewraps do not require a user to engage in any affirmative conduct, like clicking on a box, in order to

show that they agree to a set of terms. Instead, websites with browsewrap agreements often purport to

bind their users by passive conduct, unrelated to the TOS itself, like continuing to use the website or

proceeding past its homepage.

• Courts increasingly judge it to be unfair to hold website users accountable for terms and conditions of

which a reasonable Internet user would not be aware just by using the site.

PRIVACY POLICY


A privacy policy is a statement or document that discloses some or all of the way a party gathers, uses,

discloses, and manages a customer or client’s data.

• Data is categorized in two subsections:

• Personally Identifiable Information (PII)

• anything that can be used to identify an individual, not limited to but including name, address,

date of birth, marital status, contact information, ID issue and expiry date, financial records,

credit information, medical history, where one travels, and intentions to acquire goods and

services

• PII can be sensitive or non-sensitive. Non-sensitive PII is information that can be transmitted in

an unencrypted form without resulting in harm to the individual. Non-sensitive PII can be easily

gathered from public records, phone books, corporate directories and websites.

• Non-Personally Identifiable Information (Non-PII)

• Any other information collected by a website that will not assist in identifying the customer or

client

The contents of a privacy policy will depend upon the applicable law and may need to address

requirements across geographical boundaries and legal jurisdictions (depending on the scope of the

customer base)

PRIVACY POLICY LAWS – UNITED STATES


FEDERAL LAWS:• The Federal Trade Commission Act (15 U.S.C. §§41-58) (FTC Act) is a federal consumer protection law that prohibits unfair or

deceptive practices and has been applied to offline and online privacy and data security policies.

• The Children's Online Privacy Protection Act (COPPA) (15 U.S.C. §§6501-6506), which applies to the online collection of

information from children, and the Self-Regulatory Principles for Behavioral Advertising.

• The Financial Services Modernization Act (Gramm-Leach-Bliley Act (GLB)) (15 U.S.C. §§6801-6827) regulates the collection,

use and disclosure of financial information. It can apply broadly to financial institutions such as banks, securities firms and

insurance companies, and to other businesses that provide financial services and products.

• The Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. §1301 et seq.) regulates medical information. It can

apply broadly to health care providers, data processors, pharmacies and other entities that come into contact with medical

information.

• The Fair Credit Reporting Act (15 U.S.C. §1681) (and the Fair and Accurate Credit Transactions Act (Pub. L. No. 108-159) which

amended the Fair Credit Reporting Act) applies to consumer reporting agencies, those who use consumer reports (such as a

lender) and those who provide consumer-reporting information (such as a credit card company).

• The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. §§7701-7713 and 18

U.S.C. §1037) regulate the collection and use of e-mail addresses

• The Telephone Consumer Protection Act (47 U.S.C. §227 et seq.) regulate the collection and use telephone numbers

• The Electronic Communications Privacy Act (18 U.S.C. §2510) regulate the interception of electronic communications

• The Computer Fraud and Abuse Act (18 U.S.C. §1030) regulates computer tampering

• In 2016, Congress enacted the Judicial Redress Act, giving citizens of certain ally nations (notably, EU member states) the right

to seek redress in US courts for privacy violations when their personal information is shared with law enforcement agencies.

EUROPEAN UNION PRIVACY LAWS – eu directive

D

29© 2016 DailyDAC, LLC d/b/a/ Financial Poise™

The right to privacy is a highly developed area of law in Europe. All the member states of the European Union (EU) are also

signatories of the European Convention on Human Rights (ECHR). Article 8 of the ECHR provides a right to respect for one's

"private and family life, his home and his correspondence", subject to certain restrictions. The European Court of Human

Rights has given this article a very broad interpretation in its jurisprudence.

In 1980, in an effort to create a comprehensive data protection system throughout Europe, the Organization for Economic

Cooperation and Development (OECD) issued its "Recommendations of the Council Concerning Guidelines Governing the

Protection of Privacy and Trans-Border Flows of Personal Data". The seven principles governing the OECD’s

recommendations for protection of personal data were:

1. Notice—data subjects should be given notice when their data is being collected;

2. Purpose—data should only be used for the purpose stated and not for any other purposes;

3. Consent—data should not be disclosed without the data subject’s consent;

4. Security—collected data should be kept secure from any potential abuses;

5. Disclosure—data subjects should be informed as to who is collecting their data;

6. Access—data subjects should be allowed to access their data and make corrections to any inaccurate data; and

7. Accountability—data subjects should have a method available to them to hold data collectors accountable for not

following the above principles.

These seven principles were adopted in 1995 as the “Data Protective Directive” – commonly known as the EU Directive

EUROPEAN UNION PRIVACY LAWS – general data protection regulation

D


On 25 January 2012, the European Commission (EC) announced it would attempt to unify data protection law

across a unified European Union via proposed legislation called the "General Data Protection Regulation." The

EC's objectives with this new legislation included:

• the harmonization of 27 national data protection regulations into one unified regulation;

• the improvement of corporate data transfer rules outside the European Union; and

• the improvement of user control over personal identifying data.

The original proposal also dictated that the legislation would in theory "apply for all non-E.U. companies without

any establishment in the E.U., provided that the processing of data is directed at E.U. residents," one of the

biggest changes with the new legislation. This proposed change carried on through to the legislation's final

approval on 14 April 2016, potentially affecting entities around the world. Additional changes include stricter

conditions for consent, broader definition of sensitive data, new provisions on protecting children's privacy, and

the inclusion of "rights to be forgotten."

The EC has set a compliance date of 25 May 2018, giving businesses around the world a chance to prepare for

compliance, review data protection language in contracts, consider transition to international standards, update

privacy policies, and review marketing plans.

EUROPEAN UNION AND UNITED STATES – INTERNATIONAL DATA CONSIDERATIONS

D


According to the Data Protection Directive, companies operating in the European Union are not permitted to send personal data to "third

countries" outside the European Economic Area, unless they guarantee adequate levels of protection, "the data subject himself agrees to the

transfer" or "if Binding corporate rules or Standard Contractual Clauses have been authorized.“ The latter means that privacy protection can be

at an organizational level, where a multinational organization produces and documents its internal controls on personal data or they can be at

the level of a country if its laws are considered to offer protection equal to the EU.

The Safe Harbour Privacy Principles were developed between 1998-2000. They were designed to prevent private organizations within the

European Union or United States which store customer data from accidentally disclosing or losing personal information. US companies could

opt into a program and be certified if they adhered to seven principles and 15 frequently asked questions and answers per the Directive. In July

2000, the European Commission (EC) decided that US companies complying with the principles and registering their certification that they met

the EU requirements, the so-called "safe harbour scheme", were allowed to transfer data from the EU to the US.

On 6 October 2015, the European Court of Justice invalidated the EC's Safe Harbour Decision, because "legislation permitting the public

authorities to have access on a generalized basis to the content of electronic communications must be regarded as compromising the essence

of the fundamental right to respect for private life“

According to the European Commission, the EU-US Privacy Shield agreed on 2 February 2016 "reflects the requirements set out by the

European Court of Justice in its ruling on 6 October 2015, which declared the old Safe Harbour framework invalid. The new arrangement will

provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by

the U.S. Department of Commerce and Federal Trade Commission, including through increased cooperation with European Data Protection

Authorities. The new arrangement includes commitments by the U.S. that possibilities under U.S. law for public authorities to access personal

data transferred under the new arrangement will be subject to clear conditions, limitations and oversight, preventing generalized access.

Europeans will have the possibility to raise any enquiry or complaint in this context with a dedicated new Ombudsperson

More About The Faculty

D

WILLIAM SPENCE

[email protected]

William Spence assists individual and business clients to obtain their best possible outcome in contentious legal matters. He has extensive

experience in litigation, arbitration, and mediation involving all areas of intellectual property law. A registered patent attorney, Mr. Spence serves

clients by providing advocacy and advice in the areas of: patent infringement; trade secret misappropriation; unfair competition (including

conspiracy, tortious interference, and related antitrust claims); breach of contract; post-grant patent proceedings (e.g., inter partes review) ;

trademark infringement; and copyright infringement.

He has litigated claims in both state and federal courts throughout the United States. Additionally, Mr. Spence has extensive experience with patent

monetization strategies and complex, international patent infringement litigation involving multiple parties and jurisdictions, most notably including

Japan. He is a published author and frequent speaker on patent monetization and other intellectual property issues, and has been repeatedly

recognized as an “Illinois Rising Star” and “Illinois Star,” in the area of intellectual property.

Mr. Spence is a graduate of the University of Notre Dame, where he obtained separate Bachelor of Science Degrees in Chemical Engineering and

Biophysics (“Physics in Medicine”). As a student he received the distinction of Notre Dame Scholar and also earned the Monogram Award. Upon

graduation from Notre Dame, Mr. Spence received his commission as a Second Lieutenant in the United States Air Force, Medical Service Corps.

After completing his military service, he worked for several years in the chemical industry before pursuing his legal education at the University of

Houston Law Center.

Prior to forming SpencePC, Mr. Spence spent twelve years practicing law with Kirkland & Ellis LLP in Chicago, IL and Tokyo, Japan.


[email protected]


DAVE FREEDMAN


[email protected]

David M. Freedman has worked as a journalist since 1978, primarily in the fields of business, law, and

personal finance. He has served on the editorial staff of The Value Examiner (NACVA) since 2005,

focusing on business valuation and forensic accounting. Dave has also worked as a website developer

since 2001. He led the team that built the Accredited Investor Markets website (www.aimkts.com).

Dave has developed award-winning website content for small professional firms and artist studios, and

has written extensively for AIMkts.com. Dave is a coauthor of Equity Crowdfunding for Investors: A

Guide to Risks, Returns, Regulations, Funding Portals, Due Diligence, and Deal Terms (Wiley & Sons,

2015). He is also the editor of Financial Poise’s newest website, Crowdfunding Investor.

(www.crowdfunding-investor.com).

[email protected]

http://www.crowdfunding-investor.com/



DARREN SPIELMAN

[email protected]

Darren Spielman is a Shareholder of Kain Spielman, P.A. He concentrates his practice in the field of intellectual

property, with an emphasis on trademarks, trade secrets, domain name disputes, copyrights, libel and defamation.

Darren has a Bachelor of Science in Public Relations from University of Florida. He also earned a Masters in Mass

Communications degree from the University of Florida, as part of a joint degree with the University of Florida Levin

College of Law. Darren also completed the Intellectual Property Certificate Program during law school. Darren is

admitted to practice in front of the U.S. District Court for the Northern District of Florida, Southern District of Florida,

and Middle District of Florida and the Eleventh Circuit Court of Appeals. Darren is a member of the Intellectual

Property Committee and the Computer Law and Technology Committee of the Business Law Section of the Florida

Bar. Darren has been honored with the

Super Lawyers Rising Stars Award for 2009, 2010 2011, 2013 and 2014 and also received Top Attorneys Florida

Outstanding Young Lawyers Award for 2011, 2013, and 2014.

[email protected]

http://www.superlawyers.com/florida/lawyer/Darren-J-Spielman/9752f5a7-36f3-49b8-a357-7671aab6413c.html

http://www.americanregistry.com/business/kain--associates-pa/1148176



STEVE STARZYK

[email protected]

Steve Starzyk is a web designer and front-end developer

that has been with Financial Poise since it's very first

website. He is the Chief Technology Officer and is

responsible for maintaining our suite of websites and has

helped launch four new website designs since coming on

board. He is also an entrepreneur himself, owning a small

business in Naperville, IL.

[email protected]

Visit www.eisneramper.com

EisnerAmper. Let's Get Down to Business®

EisnerAmper LLP is a leading full-service advisory and accounting firm, and is among the largest in the United States. We provide audit, accounting, and tax services, as well as corporate finance, internal audit and risk management, litigation services, consulting, private business services, employee

benefit plan audits, forensic accounting, and other professional advisory services to a broad range of clients across many industries. We work with high net worth individuals, family offices, closely held businesses, start-ups, middle market and Fortune 500 companies. EisnerAmper is PCAOB-registered and provides services to more than 200 public companies and to thousands of entities spanning the hedge, private equity, brokerage and insurance

space in the financial services marketplace. As companies grow we help them reach their goals every step of the way.With offices in New York (NY), New Jersey (NJ), Pennsylvania (PA), California (CA), and the Cayman Islands, and as an independent member of Allinial

Global, EisnerAmper serves clients worldwide.

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owners and executives, investors, and their respective trusted advisors. Its

websites, webinars, and books provide Plain English, sometimes entertaining,

explanations about legal, financial, and other subjects of interest to these

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Important Notes

• THE MATERIAL IN THIS PRESENTATION IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.

• IT SHOULD NOT BE CONSIDERED LEGAL, INVESTMENT, FINANCIAL, OR ANY OTHER TYPE OF ADVICE ON WHICH YOU SHOULD RELY.

• YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL ADVISOR TO DETERMINE WHAT MAY BE BEST FOR YOUR INDIVIDUAL NEEDS.
