Startup and video game law, from a Canadian and U.S. perspective


Employees Disguised as Contractors

As your company grows, you may be looking to expand your team and add to your workforce. When hiring additional employees or engaging independent contractors you need to be well-aware that an independent contractor may actually be considered an employee, regardless of how you label the person. Employees are entitled to rights pursuant to the...

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Non-Compete Clauses – Common Questions

We are often approached with questions about non-compete clauses in the context of employment agreements and independent contractor agreements and asked whether or not the clause is enforceable in Canada or the US. While the enforceability of a non-compete clause is determined on a case-by-case basis, we thought it beneficial to provide an overview of...

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Startup Employment Agreements

Working with early-stage startups and game studios, we are often involved in key company decisions, such as a first hire.  Lately, with many of our clients growing their teams, we’ve been fielding questions concerning the scope of employment agreements.  Below are a few recommendations:  Consider a less strict intellectual property ownership clause.  From the outset,...

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Lessons in Employee Social Media Accounts

Twitter, Facebook and other social media accounts are an important part of the online identity of a business.  As disputes over ownership of social media accounts rise, businesses need to understand the implications of employees using personal social media accounts for the benefit of the business. In the U.S., a number of recent court cases...

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