When I was small, my siblings and I lived with my grandparents. We had a small album player with only three “child approved” albums. Shortly before we moved to Illinois, my dad took my two sisters and I to a store and told us we could each pick out a CD. CDs were expensive and I can’t remember having any others in the house, so we knew that whatever we picked would likely be the only music we would get to listen to. My sisters picked out TLC’s CrazySexyCool and Salt-N-Pepa’s Very Necessary. I, myself, went over to the Hip
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Latest from Jayaram Law Blog
Favorite Holiday Memories
With the holidays in full force, we asked those nearest and dearest to us about their favorite holiday moments across the years. Wishing you and yours a joyous season as we round out the year’s end!
Julia Broder
My favorite holiday tradition is my family’s Christmas Eve Wigilia. It’s a traditional Polish vigil meal. We always start by breaking opłatek (polish wafer), and spending a few minutes with each person individually, wishing them blessings for the new year. Wesołych Świąt!
Heather Burkett-Ocasio
My husband and I met in June of 2018. By July of 2018, in the
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Dynamo CEO: Leslie Davis
Diversity is in our DNA at Jayaram. So when NAMWOLF, the National Association of Minority and Women Owned Law Firms, hosted their annual meeting of the minds in October, we jumped at the chance to support them. Michelle Butler caught up with their fearless leader and CEO, Leslie Davis, to hear more about how she came into the position, what drives her, and what’s next for the storied organization.
MICHELLE: I feel like I’m talking to a celebrity because I was at the NAMWOLF annual conference and got to see you firsthand in action! It’s nice to
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HOURS: Jessica Ryan
What does a normal day look like for an innovator? Anything but normal. HOURS unpacks what a day in the life looks like for our most interesting clients and collaborators.
Jessica Ryan
Cofounder and CEO, All Together Now
7:10AM
I realize I’m about to commit founder heresy here, but I come from the theatre originally, so I just don’t like mornings., I said it! Instead of trying to do the 5/6am yoga/matcha/meditation thing just because it’s what CEOs are supposed to do, I’ve worked to structure my days at All Together Now around what makes me feel best.
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Meet Arsh Shah, Our Resident MetaMentor
Jayaram has just introduced an exciting service to help clients navigate Web3. Known as MetaMentor, the program is designed for forward-thinking business leaders who are ready to strategize, develop tactics and implement Web3 technology to augment sales and fundraising efforts. In our search for the right change-maker, we found a Web3 expert with an infectious intellect and energy who is leading the charge in concert with key team members. From integrating crypto wallets to successfully launching NFT drops to developing online decentralized communities for sales or investment, you’ve now got a friend in the know (and boy, does he know)!
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Happy Tenth Birthday to The Innovator!
As we celebrate our tenth issue, we want to take a moment to thank all our contributors who have helped make this publication the special place that it has become. From conception, we wanted to create a unique and beautifully designed platform to share our Jayaram world with you. From interviews with friends of the firm, to short- and long-form essays on the latest from the legal world, and regularly scheduled funny anecdotes or the occasional tearjerker, we know it’s because of our diverse team, and our incredible community, that we have some of the best stories to tell.
You
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A Wellness-Oiled Machine
BY KELLY CAPUTO
The Tuesday morning train that I take into the office shows absolutely no signs that we spent the past two years, and are still experiencing, a global pandemic. It is absolutely packed to the brim with individuals on the way to their jobs in Manhattan; so much so, that all seats are full, and some must stand in the aisle for the 40-minute commute, elbow to elbow, and hanging on to the handrails above head.
Thankfully, I am able to find some calm in my morning by putting in my Airpods and listening to a 10-minute
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Notes on Digital Collecting
BY ANDREW NICOTRA REILLY
Twenty twenty-two has proven to be a highly economically volatile year, and the NFT market has been no exception. In fact, the NFT market has seen a dramatic downturn from its previous high-water mark. Art collectors, however, should not shy away from dealing in digital artforms simply because the market is prone to fluctuation. The modern art market has always been a home to adventurous taste makers and risk takers, alike.
Sure, there are plenty of NFTs creators and investors who entered the market for reasons beyond a desire to make and curate exceptional art.
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The Sustainability Challenge; The Sustainability Opportunity
BY ADAM COHEN
Consensus is rapidly forming around the evident impact of climate change, the dislocations caused by deep societal fissures, and the critical need for resilient business leadership to confront them. Following suit, companies in all sectors are facing more pressure than ever from regulators and investors, big and small alike, to become “sustainable businesses” by addressing the environmental, social and governance impact of their operations.
This growing perspective recognizes and promotes the idea that addressing these seemingly non-financial ”ESG” factors will establish the foundations for long-term business success and stability. Although these matters may seem non-financial now,
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The ‘Rogers’ Rabbit Hole
BY VIVEK JAYARAM
When Andy Warhol’s Estate presented arguments before the United States Supreme Court in September, in its soon to be legendary copyright fair use battle with photographer Linda Goldsmith, it felt like anyone with even a passing interest in intellectual property or art was paying attention. For decades, lawyers and artists alike have been waiting for a seminal opinion of sorts to provide makers and their advocates with a clearer idea of what fair use is and when it can actually be used effectively in defending a claim for copyright infringement.
Funny enough, most of these onlookers did
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I’ll Be Your Mirror
by Vivek Jayaram
In the October 2022-2023 term, the Supreme Court of the United States will hear what will likely be a landmark case on the fair use doctrine involving Andy Warhol, Prince, and a famous rock photographer named Lynn Goldsmith. The case will be heard at a time where the fuzzy parameters of the Copyright Act are challenged frequently by digital apes, virtual handbags, and clever artists (looking at you, MSCHF). In a thriving creator economy, where derivatives often take center stage, receiving clarity from the country’s highest court will hopefully provide artists, brands, and creatives with some guidance
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Suite Talk – Exploring the in’s and out’s, what if’s and but’s of C-Suite matters Crafting Legal Terms of Employment
by Wendy Heilbut &Erica Kerman
Many, if not most, employer-employee relationships in the U.S. are “at-will,” meaning that the employment term is not for a set duration. Either party can end the relationship at any time for any lawful reason or for no reason. It’s a capitalist tradition as old as time!
Conversely, if you enter into an employment contract for a set duration, you, as the employer, may only terminate your employee for “just cause” (or likely pay severance), and your employee can terminate the relationship only by following the notice requirements set out in the contract.
Regardless of
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From Obscurity to Mass Appeal How Music NFTs are Impacting the Creator Economy
by Danny O’Neill
With a strong background in music, corporate and general IP law, team member Danny O’Neill has been working closely with our artist and technology clients to find creative solutions to the complex legal issues that arise as a result of working at the intersection of art and Web3. Danny has been lead counsel on matters related to Royal.io, the new streaming platform that sells music rights as limited digital assets and works closely with our founder, Vivek Jayaram, on all aspects of the firm’s NFT and Web3 practice. Here, he gives us a glimpse into the intersection
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You’re an Investor! and You’re an Investor! and You’re an Investor! Can We All Be Investors In Private Capital?
BY WENDY HEILBUT, PARTNER
We love getting the call from an emerging company or startup client who is ready to embark on a fundraising round: this step shows growth, proof of concept, and drive toward expansion. Similarly, when we work with a new venture capital fund in its capital raising efforts, we enjoy fantasizing with the fund managers on how they will utilize the new capital to bring about the fund’s thesis or mission. While we relish celebrating these moments, we’ve seen first-hand that unfortunately, minority founders and fund managers historically recoup a disproportionately small amount of private capital
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High Stakes for Sweepstakes: Considerations for Proper Promotions
BY MICHELLE BUTLER, SENIOR ASSOCIATE AND SRINIDHI KRISHNAN, INTERN
Companies have been using giveaways as a promotional tool for decades, but they have become increasingly popular as companies ramp up their digital marketing efforts. Running a giveaway online is much easier than administering a mail-in or in-person sweepstakes, and these online promotions can go a long way in creating hype for your company. It’s no wonder that they’ve become so popular. Companies may want to quickly roll out a social media giveaway campaign after the launch of a product or in a moment when online engagement is particularly high, but,
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The MetaBirkin: To Be or Not to Be
BY VICTORIA MINNEMAN, ASSOCIATE
Can you imagine owning the elusive Birkin bag? Starting at around $10,000, for most people this would be considered out of reach, out of budget—even out of this world—in terms of expense and extravagance.
As a trademark attorney, I try to teach my daughter as much as I can about brands and the importance of protecting what belongs to the people that create them. We often discuss brand name clothes, shoes, stores and purses. We spend time dreaming of what it would be like to own a wardrobe full of Christian Louboutin’s or Jimmy Choo’s
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