The New Media Space

Business + International + Media + Practice + Tech
March 25, 2013
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Lawyers practicing in the new media space face unprecedented cross-border issues, including representation of clients abroad who create content that’s globally digitally distributed and offer services that are globally digitally accessible. I crossed this path once again when considering terms and privacy for an extraterritorial tor service prioritizing anonymity.

The ABA has been considering revisions to Model Rule 5.5 to address modern means of communication, which have in the meantime become quotidian. Model Rule 5.5(c)(4) coupled with Comment 14 sufficiently covers international practice, but Colorado has gone further to address this in CRCP 220 by granting a de facto/jure license for inbound practice to out-of-state attorneys in good standing elsewhere. Note that it doesn’t cover court and tribunal appearances, and lawyers not licensed in the United States.

Rule 220 » Out-of-State Attorney » Conditions of Practice

 

(1) An attorney who meets the following conditions is an out-of-state attorney for the purpose of this rule:

 

(a) The attorney is licensed to practice law and is on active status in another jurisdiction in the United States;

 

(b) The attorney is a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;

 

(c) The attorney has not established domicile in Colorado; and

 

(d) The attorney has not established a place for the regular practice of law in Colorado from which such attorney holds himself or herself out to the public as practicing Colorado law or solicits or accepts Colorado clients.

 

(2) An out-of-state attorney may practice law in the state of Colorado except that an out-of-state attorney who wishes to appear in any state court of record must comply with C.R.C.P. 221 concerning pro hac vice admission and an out-of-state attorney who wishes to appear before any administrative tribunal must comply with C.R.C.P. 221.1 concerning pro hac vice admission before state agencies.

 

(3) An out-of-state attorney practicing law under this rule is subject to the Colorado Rules of Professional Conduct and rules of procedure regarding attorney discipline and disability proceedings and those remedies set forth in C.R.C.P. 234(a).

 

(4) An out-of-state attorney who engages in the practice of law in Colorado pursuant to Rule 220 shall be deemed, for the purposes of Colorado Revised Statutes, Title 12, Article 5, Sections 101, 112, and 115, to have obtained a license for the limited scope of practice specified in this rule.

Update: June 1, 2014

See the work of a committee considering comprehensive national legal services regulatory reform, premised on modern international practices and set in Singapore: Final Report of the Committee to Review the Regulatory Framework of the Singapore Legal Services Sector (January 2014).

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Media + Arts + Tech

Attributes

I am native to media, arts and tech – as a former touring musician, as one who can and does code, and as a maker fluent in design and multimedia content development (audio, video, photo, graphic, analog, textual). This overlap of niche and background allows me to efficiently and peerlessly integrate legal and creative for clients working in expressive spaces.

Corporate

They are called organizations for good reason. Getting and staying documented, well-papered, compliant, and aligned with pragmatic protocols is prime among best practices. General counsel and correct governance are as important to closely-held companies as they are to those seeking or deploying external funding. There are few investments more sound than a solid foundation.

Contracting

Optimizing a deal requires focussed and technical drafting. What multiple collaborators have in mind when they begin does not automatically manifest when a concept is translated into the physical world. Get ahead of junctures, pivots and transitions. Reflecting on the page what is intended at heart is the ultimate efficiency.

Copyright

There are few disciplines as relevant and fluid as copyright. The media space has enjoyed rapid development over recent decades. Law is not always so quick to follow. Navigating ownership of content is a primary concern for creative enterprises.

Trademark

Impact and impression are salable and demand attention, from protecting to capitalizing. Define your brand, put on a search, definitively document, and enforce with intent – or share, collaborate and cross-pollinate.

Trade Secrets

Assets come in variegated forms – not always capitally quantifiable or neatly captured by intellectual property regimes. But proprietary information can be of principal, or even singular value. Safeguard, manage and leverage such resources prudently and productively.

Licensing

One of the most important tools in the kit of creative profit is the flexibility and extensibility that adept licensing affords. Do it well – do it right.

Regulatory

Interfacing with public agencies is a vastly different experience than cutting deals in the private sector. Conventions, ethics, regulations, policy, and sinuous procedure need not block your path forward. Additionally, the First Amendment was written for you – stand on it.

Litigation

There will almost certainly come a time when dispute crops up and grows entrenched, or rights and obligations are transgressed or ignored. Less talk, more action – bring deft advocacy and mastery of process into play.

Strategic

Creation is nothing if uninspired. Your vocation is to deploy vision and bridge the gap between what is known and unknown, what is possible and impossible. Apply the very same foresight to your company and your career. Chance favors the prepared mind.