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A Comprehensive Legal Guide to Web Scraping in the US

TL;DR Web scraping is a complicated legal subject involving more than a dozen different laws. As such, it’s not possible to summarize all the legal issues associated with web scraping in just a few hundred words. That said, you can read the bolded sections here and the infographics in just a few minutes and learn … Read More

California Court: Facebook Can Enforce No Scraping Prohibition in Terms of Service

Facebook aggressively monitors web scraping on its platforms. And they aren’t shy about sending out cease and desist letters when they believe someone is violating their terms of service. After the Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. in 2019, however, there might have been some question whether a court (and, in … Read More

Are Bots Legal?

Bots are perfectly legal. Unless, of course, they’re programmed or designed to do illegal things. To paraphrase legal scholars Mark Lemley and Bryan Casey, well-drafted laws prohibit verbs, not nouns. There are millions of ways that you could code or program an automated system that generates almost no legal risk whatsoever. And there plenty of … Read More

Remote Legal Practice, Eight Years Ahead of the Trend

In the past month, much of the world has shifted to remote work practices and so much has been disrupted. Here, at McCarthy Garber Law, we have continued to provide our legal services, uninterrupted, in the midst of this disruption to the outside world. And we’ll continue to do so. We’re able to do so, … Read More

Six Reasons to Outsource Your In-House Counsel Position

There are many different names for it: Outside counsel, part-time general counsel, flat-fee general counsel, outside GC, or even fractional general counsel. But the concept is the same. Instead of hiring a lawyer full time to attend to your business’s legal affairs, hiring a law firm on a part-time basis that specializes in providing outsourced … Read More

No, You Don’t Need a Holding Company for Your Startup

One question I seem to be hearing more often from prospective clients lately: “How do I set up a holding company for my startup?” The answer is you don’t. Or, perhaps more precisely, you shouldn’t. A holding company is a company that owns other companies. The classic and most successful example is Berkshire Hathaway, the … Read More

5 Ways to Beat a Non-Compete in Colorado

Once rare, non-compete agreements are now everywhere. For the companies that use them, they’re a great way to ensure employee loyalty and to protect against theft of trade secrets. For the employees who are subject to them, they can be a horrible restriction on the ability to freely pursue one’s trade. So if you you’ve … Read More

How to Know if You’ve Found the Right Lawyer

How do you know if you’ve found the right lawyer? It should be obvious. As in, you should know within the first few minutes of talking to them. If, after a 15-minute conversation with a prospective lawyer, you don’t immediately see the potential benefits from that relationship, you should probably seek out a different professional … Read More