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Thoughts on Ogilvy NY?
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I’m a corporate attorney specializing in VC industry. Although I’m admitted in NY, all attorneys in the space practice DE law at the end of the day
CA lawyer. Only practice English and NY law. Never touched CA in my life but I’m in a big firm with offices in both locations. Wonder if that makes a difference. Never really thought about this.
Say you’re in New York or CA, can’t you just draft these agreements with that as governing law? It’s a major market, and most tech companies as well as influencer contracts should be okay with it. Similarly, you could use Delaware too.
Im a trademark lawyer and I’m pretty active on IG. There are a lot of us on there. To be on the safe side, you’ll want to work only with clients in your state on contract matters, but the grey area lies in federal intellectual property law as it relates to contracts (copyright/trademark licensing, assignments, etc.) Trademark law is federal law so that’s why you see many of these lawyers working with clients across the country.
Also, look into each state’s UPL laws. Some jurisdictions allow for drafting of contracts for “use in the ordinary course of business” by those not licensed in the state.
I haven’t seen these — ANY country? That seems like malpractice/unlicensed practice of law. I feel more comfortable about corporate work across state borders though.
Second that.
That’s definitely the practice of law in states where they aren’t licensed.