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.

TRANSCRIPT

Page 1: Law Practice in the Sharing Economy

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Photo by Neal. - Creative Commons Attribution License https://www.flickr.com/photos/31878512@N06 � Created with Haiku Deck �

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/ �

•  [email protected]

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•  Hospitality�•  Co-working�•  Trucking/Shipping�•  Moorage�•  Home Storage�

•  Task Assignment �•  Education�•  Bikesharing �•  Transportation�•  Finance�

Where Do We See Sharing? �

Page 6: Law Practice in the Sharing Economy

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"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  evic>on  law  suit  against  an  AirBnB  host  in  San  Francisco.    

Page 8: Law Practice in the Sharing Economy

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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�

Page 13: Law Practice in the Sharing Economy

Lender Requirements – Lending Laws �

•  Usury Laws�•  Bank Secrecy Act Regulations�•  Issues Related to Third Party use of Bank

Charters �•  State Licensing Requirements�

Page 14: Law Practice in the Sharing Economy

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�

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Page 21: Law Practice in the Sharing Economy

Photo by Neal. - Creative Commons Attribution License https://www.flickr.com/photos/31878512@N06 � Created with Haiku Deck �

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/ �

•  [email protected]