Law Practice in the Sharing Economy
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Over the last few years, peer-to-peer “sharing” platforms have arisen in areas as diverse as transportation, housing, catering, and everyday errands. Locally a number of regulatory bodies in cities as as divergent as Portland, OR and Berlin, Germany are grappling with these issues very publicly as it relates to car-sharing services like Lyft and Uber. Sharing economy principles and business models present many new and interesting challenges to local, state and national regulatory schemes related to health, safety, labor, taxes, and many others. This presentation with Dan Lear provides some background on the Sharing Economy, what it is and where its going as well as an overview of the regulatory and legal framework governing the businesses in this fascinating and fast growing industry.
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Law Practice in the Sharing Economy
- 1. Photo by Toban B. - Creative Commons Attribution-NonCommercial License https://www.flickr.com/photos/29125594@N03 Created with Haiku Deck
- 2. About Me • Director Of Industry Relations for Avvo, Inc • 6 years as a practicing lawyer, 10 years in technology • @rightbrainlaw • http://right-brain-law.blogspot.com/ • Co-founder: Seattle Legal Innovation and Technology MeetUp http://www.meetup.com/Seattle-Legal-Innovation-and- Technology-MeetUp/ • dlear@avvo.com Photo by Neal. - Creative Commons Attribution License https://www.flickr.com/photos/31878512@N06 Created with Haiku Deck
- 3. Photo by Avatarmin - Creative Commons Attribution-NonCommercial License https://www.flickr.com/photos/55010357@N02 Created with Haiku Deck
- 4. Photo by The Tire Zoo - Creative Commons Attribution License https://www.flickr.com/photos/48722259@N02 Created with Haiku Deck
- 5. Where Do We See Sharing? • Hospitality • Co-working • Trucking/Shipping • Moorage • Home Storage • Task Assignment • Education • Bikesharing • Transportation • Finance
- 6. Photo by marcp_dmoz - Creative Commons Attribution-NonCommercial-ShareAlike License https://www.flickr.com/photos/30982194@N05 Created with Haiku Deck
- 7. The law I'm using is that the city says there are hotels and there are apartments, and the two shall never meet. -‐ Edward Singer, a/orney with Zacks Freedman who filed an evicon law suit against an AirBnB host in San Francisco.
- 8. Photo by clemsonunivlibrary - Creative Commons Attribution-NonCommercial License https://www.flickr.com/photos/11937923@N08 Created with Haiku Deck
- 9. Photo by wbeem - Creative Commons Attribution-NonCommercial License https://www.flickr.com/photos/52254014@N00 Created with Haiku Deck
- 12. Lender Requirements – Securities Law • Securities Act • New Private Placement Rules (Allowing broader general solicitation without registration) • State Blue Sky Laws (IPO may or may not affect their applicability) • Security Exchange Act • Investment Company Act • Investment Advisors Act • Risk Retention Requirements (Think “Great Recession” and “Financial Crisis” e.g. Dodd-Frank Act) • Securitization
- 13. Lender Requirements – Lending Laws • Usury Laws • Bank Secrecy Act Regulations • Issues Related to Third Party use of Bank Charters • State Licensing Requirements
- 14. Lender Requirements – Consumer Protection • Truth in Lending (TILA) • FDTC Act, UDAP (Unfair and Deceptive Acts and Practices), and the CFPB (Consumer Financial Protection Bureau) • Fair Lending and Other laws • Debt Collection Practices • Investment Company Act • Privacy Laws • Electronic Commerce Laws • The Dodd-Frank and GAO Study
- 16. Photo by chrisf608 - Creative Commons Attribution License https://www.flickr.com/photos/114264438@N03 Created with Haiku Deck
- 17. Photo by thisisbossi - Creative Commons Attribution-NonCommercial-ShareAlike License https://www.flickr.com/photos/25622716@N02 Created with Haiku Deck
- 18. Photo by clappstar - Creative Commons Attribution-NonCommercial License https://www.flickr.com/photos/70609370@N00 Created with Haiku Deck
- 19. Photo by milos milosevic - Creative Commons Attribution License https://www.flickr.com/photos/21496790@N06 Created with Haiku Deck
- 20. Photo by Joybot - Creative Commons Attribution-ShareAlike License https://www.flickr.com/photos/62559061@N06 Created with Haiku Deck
- 21. About Me • Director Of Industry Relations for Avvo, Inc • 6 years as a practicing lawyer, 10 years in technology • @rightbrainlaw • http://right-brain-law.blogspot.com/ • Co-founder: Seattle Legal Innovation and Technology MeetUp http://www.meetup.com/Seattle-Legal-Innovation-and- Technology-MeetUp/ • dlear@avvo.com Photo by Neal. - Creative Commons Attribution License https://www.flickr.com/photos/31878512@N06 Created with Haiku Deck