Gucci has announced it is leaving the International Anti-Counterfeit Coalition (IACC), making it the second brand to defect from the Washington D.C. based non-profit since the Alibaba Group became a member.

The IACC, which is devoted solely to combating product counterfeiting and piracy, accepted Alibaba into its organization in April as a general member. That same month, Michael Kors announced that it would be leaving the IACC because of Alibaba, calling the Chinese e-commerce giant “our most dangerous and damaging adversary.”

This bad blood stems from Alibaba’s controversial reputation for selling fakes and knockoffs of products from fellow IACC members including: Apple, Burberry, Adidas, Gucci, and Michael Kors, according to Quartz.

In a letter reviewed by the Wall Street Journal, Michael Kors’ general counsel Lee Sporn wrote,

Alibaba’s strategy has consistently been to provide lip service to supporting brand enforcement efforts, while doing as little as possible to impede the massive flow of counterfeit merchandise on its platforms.

Gucci has not released a statement explaining its decision to part ways with the IACC, but it is almost certainly a result of Alibaba’s joining.

The Kering Group, which owns Gucci and other luxury brands such as Balenciaga, Bottega Veneta, and Yves Saint Laurent, sued Alibaba last year alleging that the company knowingly and purposefully profited from the sales of Gucci knock offs on its e-commerce platforms. Alibaba dismissed the suit as “wasteful litigation.”

Even so, Alibaba’s founder Jack Ma has acknowledged the large presence of counterfeits on his marketplace. In an interview with “60 Minutes” he compared his company’s fight against fake goods to battling cancer.

“We are just a website operator. If you sell fake products on the site what can we do? We can’t arrest you. We can’t put you in prison. All we can do is close your shops, ” said Ma. He added, “We are the doctors helping to cure the cancer, but the cancer’s so aggressive. If you kill the doctor, the cancer is still there.”

Alibaba is said to have joined the IACC in hopes that the membership would allow it to enforce intellectual property rights more effectively.

The IACC has stood by its decision to invite Alibaba into the fold. IACC president Robert Barchiesi responded to the controversy in an email Saturday,

The IACC stands by its decision and is committed to lean into the future and lead a coalition of the willing. Whether it’s payment processors or online marketplaces, the choice is clear, they must be an integral part of the solution.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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It’s still the holiday season, and during this time of the year it’s easy to forget to check the news. Luckily, Law Street has you covered with this week’s edition of “In Case You Missed It.” Our top story last week covered the ongoing legal battle between Colorado, Nebraska, and Oklahoma over Colorado’s legalization of recreational marijuana, written by Anneliese Mahoney. Our number two post, by Lexine DeLuc,a should help any Serial fans out there with their withdrawals–it’s a great collection of parodies inspired by the hit podcast. Finally, rounding out the list was a story from blogger Katherine Fabian on how to spot fake handbags during your holiday gift shopping. ICYMI: Check out what you missed on Law Street last week.

#1 Nebraska and Oklahoma Sue Colorado Over Marijuana Legalization

Colorado voted to legalize recreational marijuana in 2012, and officially started selling it in the beginning of this year. Now, almost a year later, Colorado is experiencing some backlash for its choice to legalize. Two of Colorado’s neighbors–Nebraska and Oklahoma–are suing the state because of the impact of legal marijuana within their borders. Read the full article here.

#2 Five Parodies to Get You Through Serial Withdrawal

Serial‘s first season has ended and if you’re feeling a little separation anxiety, here are the top five parodies to help fill that void. The list includes selections from Saturday Night Live, Funny or Die, SubmissionsOnlyTV, and even a few parodies with multiple episodes. Read the full article here.

#3 Holiday Gift Guide: How to Authenticate a Designer Handbag

It’s almost 2015 and there is now a plethora of consignment sites to get your second-hand designer goods. But as great as sites like Ebay, Amazon, and the new Alibaba are, sometimes sellers aren’t always honest when they claim their items are authentic. So to make sure that you don’t get duped (like my poor brother did when he ordered those fake Nikes from China) I’ve put together a handy guide on how to spot a fake. Read the full article here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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It’s been a busy year, with a lot of technology developments, scandals, and big stories. Read on to check out the top 15 tech stories of 2014.

1. New York Court OKs Revenge Porn; Will the Legislature Act?

Revenge porn was one of the hottest legal topics of 2014. “Revenge porn” most frequently occurs when a person posts nude photographs of an ex-lover on the internet as a way to embarrass or degrade the ex. The photographs are often exchanged willingly, but after the relationship goes sour, a jilted ex may post the pictures in a public forum. The practice disproportionately targets women, and can truly damage someone’s life. In March, a New York court dismissed a revenge porn case, signaling that it may have been time for the legislature to step in.

2. The Dark Side of Snapchat Lands the Company in Hot Water

Snapchat, the messaging service that claims data instantly disappears upon receipt, found itself in hot water with the Federal Trade Commission (FTC) based on violations of the company’s own privacy and security policies in May. The FTC complaint mainly focused on accusations that Snapchat misled their customers by promising certain security and privacy features. Snapchat eventually settled the FTC case, but remains on probation and will require monitoring.

3. Technology and the Bullying Epidemic: The Case of Yik Yak

Between laptops, cellphones, tablets, and iPads, students have more access to technology than ever before. This comes with numerous benefits — but it also comes with a lot of responsibility. One app that took the college and high school technology scene by storm this year was Yik Yak, which allows users to post anonymously to a regional “virtual bulletin board.” While the app was invented in presumably good fun, there are concerns that the anonymity enables cyberbullies.

4. New Orleans Police Attempt to Regain Public Trust by Wearing Patrol Cameras

The Department of Justice investigation into the New Orleans Police Department following Hurricane Katrina resulted in sweeping reforms of the department, including the requirement that patrol officers wear body cameras in an effort to regain trust of the citizens. They hope to guarantee police accountability, as well as provide a resource for officers when they write their reports and testify. While how exactly to deal with implementing police cameras remains a question, it will be interesting to see what happens in New Orleans as a result.

5. Internet Fast Lanes Will Change How You Use the Web

Another hot tech topic this year was the concept of “net neutrality.” There’s been a lot of back and forth, and each major player–the Federal Communications Commission (FCC), the Internet Service Providers (ISPs) and our politicians, such as President Barack Obama, have their own takes. The legality of fast lanes is a tricky question–one that the FCC had to contend with this year.

6. Massive Celebrity Nude Photo Leak is Major Privacy Breach

Late this summer, a major leak of female celebrities’ nude photos hit the web. It was dubbed the “Fappening”–a form of crude wordplay. It included superstars such as Jennifer Lawrence, Ariana Grande, Rihanna, and Kate Upton. While some celebrities denied the validity of the photos and others embarked on conversations with the public, the whole scandal said a lot about the potentially false security of the internet, as well as the degrading way in which women are often treated on the web.

7. The Alibaba IPO: What Does Going Public Mean?

Chinese e-commerce giant Alibaba decided to go public this fall, and had the largest Initial Public Offering (IPO) in history. Alibaba’s success raised a lot of questions about what IPOs are, how they work, and what the various advantages and disadvantages are for companies. Alibaba’s extreme success is a sign that the stock market remained strong in 2014.

8. #GamerGate Takes Misogyny to a Whole New Level

Anita Sarkeesian and Brianna Wu, feminist cultural critic and video game developer, respectively, are two among a community of feminist gaming figures. They spoke out against misogyny and sexism in the gaming industry, and received threats, hatred, and truly vile responses. Sarkeesian had to cancel speaking appearances, and Wu was actually forced out of her home when her personal address was revealed. Sarkeesian and Wu were just a few of the players attacked in the #GamerGate trend that raged on late this fall.

9. AirBnB Winning Over San Francisco, With Some Rules

Airbnb is an innovative service for modern travel. It focuses heavily on community, flexibility, and the power of the internet. For many travelers, it’s been a great new tool. But not all governments feel the same way. There was a big debate this year in San Francisco, Airbnb’s home, over whether or not to pass a bill that would legalize the room-sharing network, with some caveats. It eventually passed, meaning that Airbnb will continue to operate in San Fran.

10. Privacy Board Calls NSA Eavesdropping Illegal 

One name has been making headlines around the country since June 2013. There have been many terms used to describe him, whether you see him as a traitor or a patriot, Edward Snowden has become a well known character within the United States. However, whether or not Snowden’s actions were legal is a completely different question.

11. Rideshare Infighting: Lyft Sues Uber Executive

Ridesharing rivals Lyft and Uber are going at in the courtroom as Lyft sues a former employee, now a current Uber exec, for stealing proprietary information. As the two leading companies in ridesharing–although Uber is quite a bit ahead of Lyft–there’s plenty of reason for the two to be competitive. The case in question regarded proprietary information that former Lyft executive Tyler VanderZaden may have taken with him when he moved from Lyft to Uber.

12. Bitcoin: What’s Next?

Bitcoin has grown into a major player in techno-currency, but what’s up next for the digital coin? Bitcoin is still trying to drag itself away from the perception that it’s used exclusively for criminal activities, and firmly establish a role in the mainstream. Regulations are also slowly starting to be put in place–it will be interesting to see Bitcoin’s future.

13. KKK vs. Anonymous: Cyberwar Declared over Ferguson Protests

The group of unnamed “hacktivists” Anonymous and the Ku Klux Klan have engaged in an apparent all-out cyber war over the events in Ferguson, Missouri. Anonymous was trying to prevent the KKK’s involvement in Ferguson-inspired protests, and took over many of the KKK’s social media accounts. The KKK responded with threats, and tensions continued to run high in Ferguson.

14. Aereo: The Martyr Files for Bankruptcy

Aereo, once hailed as a game-changer in the cable industry,  filed for bankruptcy. Despite valiant efforts, Aereo just could not overcome the legal and regulatory opposition that came after the Supreme Court decided Aereo’s business model was illegally violating copyright. Despite high hopes for the innovative idea, Aereo is now essentially dead in the water.

15. Please Stop Posting the Facebook Copyright Status

You know that Facebook copyright declaration you just posted? It’s useless. Seriously, it’s time to stop posting it. Every so often Facebook changes their terms and policies, and a bunch of people post a weird, incorrect disclaimer stating that they have copyright over their own content. The problem is that the notice does nothing, except confuse your Facebook friends who see it.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post ICYMI: Top 15 Technology Stories of 2014 appeared first on Law Street.

Chinese e-commerce giant Alibaba recently made major headlines when it decided to go public. The company’s initial public offering (IPO) went on to become the largest in history. IPOs can be complicated business, and most companies carefully deliberate before putting effort into an IPO. Read on to learn what exactly an IPO is, why companies want to go public, and what different ways there are to go about it.

What is an IPO?

An initial public offering allows a private company to become a public company. Essentially an IPO is a stock market launch where the company’s stock can be bought by the general public. Private shares of a company are sold to big investors who then sell to the general public.

A private company may have only a few shareholders. Since it is private, it is not subject to the regulations of the Securities and Exchange Commission (SEC). A public company is publicly traded and thus is subject to SEC regulation. An IPO is traditionally issued to smaller, younger companies hoping to gain capital to expand their business.

Why do companies decide to have an IPO?

IPOs are a great way for companies to quickly raise large amounts of capital to gain liquidity. This money can then be used to improve the company by reinvesting in its infrastructure or expanding the business. The major benefit to companies is that in selling shares they are never forced to repay investors the money they gain. Watch a video on some of the benefits of an IPO below:

Monetize the Investment

Many early investors or founders of a new company may be interested in cashing out their initial investment. An IPO easily allows them to do just that. The IPO provides an easy exit for angel investors or venture capitalists since they can cash out their investment by selling their shares of the company to the general public.

Increased Exposure

Going public means a company gains prestige and a better public image. Being listed in major stock exchanges such as NASDAQ or NYSE makes the public think more highly of the company and helps to garner media attention.

Benefit of Stock

Being able to offer stock gives the company options and flexibility. Employee stock ownership plans can help recruit top talent to the company. Further, the increased scrutiny that comes from SEC filings means the company can get better rates when it issues debt. Issuing debt allows the company to create other financing opportunities in the future.

What are the disadvantages of an IPO?

The immense legal, accounting, and marketing costs associated with the IPO process can be difficult for a smaller company to afford. The required time, attention, and effort of senior management take a significant toll and can hamper the company’s operations. The issuing of stock can also mean a loss of control for management, since shareholders may be given some say in the future direction of the company.

The requirement to disclose certain information in SEC filings is also a drawback for many companies. A publicly-traded company must have a board of directors and must report its financial information every quarter. This information could prove valuable to the company’s competitors.

IPOs can be risky for investors. It is tough to predict what the stock will do at the beginning of trading since there is no track record of the company to analyze. Since most IPOs are issued by companies going through rapid growth, there is a great deal of uncertainty in predicting how well the company will be doing in the future. Caution should be used when deciding whether to invest. Most experts say that small investors should wait a month or more to buy shares of an IPO so the price of the stock has time to settle down.

How does the IPO process work?

Given the concerns of going public, companies think long and hard before making the decision. The process is lengthy and very costly.

1. Once a company decides to go public, it will typically seek the assistance of an investment banking firm, such as Goldman Sachs or Morgan Stanley. The investment banking firm acts as the underwriter. Banks submit bids to companies going public with statements of how much money the company would make and what share the bank would make. This competition can be fierce, especially if banks think there is a lot of money to be made on the deal.
2. When an investment bank is hired, the company and the bank discuss how much money they will raise from the IPO, the type of securities to be issued, the price, when to bring the IPO  to market, and other details of the underwriting agreement. It is the underwriters’ job to make a large purchase of the firm and then facilitate the orderly sale of this initial stock. Underwriters make money through the fees charged to the company and by the stock they sell. The underwriter takes the risk that it will be able to sell the stock it bought from the firm for more than it initially paid.
3. The bank then puts together a registration statement called an S-1 to be filed with the SEC. This statement offers information about the company such as its past financial statements and any past legal issues. The SEC will investigate to ensure the information it receives is correct and to make sure all information has been disclosed. During this time the company will pick which stock exchange it wants its shares listed on.
4. The company will typically go on some sort of “roadshow.” It may travel to meetings across the country or online as a way to drum up investor interest in the IPO. Through attracting large investors in the roadshow, the company can then sell its stock in large blocks to institutional investors.
5. As the date of the IPO nears, the company and underwriter will agree on a price. They try to find a price low enough to generate interest yet high enough to raise money for the company. A certain percentage of shares, typically around 20 percent, are agreed to be sold. Institutional investors are often offered the first shares.
6. The underwriters sell their shares of stock to a large number of investors on the public market. The banks make their profit on the difference in price between what they paid before the IPO and what the shares sell for when officially offered to the public. Very rarely will small investors get some kind of IPO allocation. Typically they have to wait until the stock is listed on the exchange in a secondary offering. In a secondary offering, investors may sell a large block of their initial sales directly to the public.

Watch a basic overview of the IPO process below.

What are some alternative IPO methods?

There are numerous different ways of making a public offering. While most involve the basic process described above, the different methods alter specific elements of the IPO.

Venture Capital-Backed IPO

A venture capital-backed IPO is one in which management sells its shares to a group of private investors in exchange for funding and advice. This allows venture capitalists to effectively exit after creating a financially-stable company.

Reverse-Leverage Buyout

With a reverse-leverage buyout, the money made from an IPO is used to pay off debt accumulated while the company was private. By privatizing a publicly-traded firm that is undervalued on the market, the owners are able to make money once the public becomes aware of the high intrinsic value of the firm.

Dutch Auction

The idea of a Dutch auction was explored in the Google IPO. In a Dutch auction, the company reveals the amount of shares to be sold and a potential price. Investors state the number of shares they want and what price they want to pay. A minimum clearing price is determined, then investors who bid at or above that price are awarded shares. If there are more bids than available shares, the company awards a percent of shares based on the percent that was bid for. Investment banks do not typically like this arrangement since it offers equal access to shares to groups other than the underwriter. Further, if there is not strong initial demand for the shares, the auction could mean the company will not raise a lot of money through the IPO.

What are some recent examples of IPOs?

Prior to 2009, the United States was the leading issuer of IPOs in terms of total value. China has since taken the lead and become the new major IPO market. The number of IPOs is usually indicative of the health of the stock market and the economy. Most major IPOs in recent years were for technology companies.

On September 19, Chinese e-commerce giant Alibaba made its IPO debut. Trading went off without a hitch as Alibaba’s became the largest IPO ever at a whopping $25 billion. The IPO price was set at $68 a share, but shares opened more than 35 percent above the initial set price.

Facebook’s IPO in May 2012 made only $16 billion. Many cite Facebook’s mistake to be dramatically raising the price of shares and size of the IPO just before the date of the IPO. This led to rough trading and to the stock falling 50 percent in the first four months of public trading.

The recent success of Alibaba as well as other strong IPOs are seen as signals of stock market strength. Do not expect the increase in IPOs to slow down anytime soon.

Resources

Primary

CNBC: Initial Public Offering: CNBC Explains

Additional

Business Insider: The NYSE Explains How IPOs Work

The Share Centre: IPOs Explained: 10 Things You Need to Know

Business Insider: This Handy Infographic Explains How an IPO Actually Works

Wealth Lift: Initial Public Offerings Explained

Investopedia: IPO Basics: What is an IPO?

Seeking Alpha: Facebook IPO and Types of IPOs and After-Market Support

Investopedia: 5 Things to Know About the Alibaba IPO

CNBC: Alibaba IPO Biggest Ever; Shares Decline

Reference for Business: Initial Public Offerings

Mergers & Inquisitions: The Initial Public Offering Process: Got Facebook Shares?

USA Today: Why Alibaba IPO Fared Much Better than Facebook’s IPO

Alexandra Stembaugh

Alexandra Stembaugh graduated from the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

The post The Alibaba IPO: What Does Going Public Mean? appeared first on Law Street.

Tech startup Alibaba is making major headlines with its decision to file for an IPO. Alibaba is certainly different than many other tech companies. While many startups tout abilities to disrupt the market, Alibaba depends on China’s shift to a more western structure in which spending is valued over saving. Time will tell if Alibaba is right in its assumptions.

One of Alibaba’s creations is called WeChat — an app that attempts to change the way people communicate. With 12 different features, the technology shows extraordinary promise in accomplishing its goal. Among other things, users can live and group chat, make video calls, web WeChat, and Facebook connect.  Although many of these features are already popular, WeChat’s ability to combine all of our favorite tools into one app and include several lesser known features makes it unique.

Let’s take a look at the group chat QR code. In the WeChat app, QR codes are used to allow Apple, Windows, Blackberry, and Android phones to scan a code assigned to the group chat in order to temporarily connect the user’s web browser with her phone. This means that instead of being confined to just your phone, you can use the QR code to mobilize the app on various devices.

WeChat provides social features like shake and look around, which sets it apart from similar apps like the popular WhatsApp. The shake feature asks users to shake their phones and connects them with local people who shake their phones at the same time, allowing connections to people in your vicinity. I’m not sure how useful that particular feature is, but it does seem like an interesting way to meet new people. The look around feature is similar to shake in the sense that people have a chance to connect with other WeChat users in the area: once you turn on the look around feature, you’re able to see all the people nearby who have also activated it and send a greeting to people of interest.

Finally, the drift bottle feature allows you to create a voice text message and throw it into the WeChat ocean.  A person can come along and choose the option to pick up your drift bottle.  After reading the message, users have the option to either respond or throw it back into the WeChat ocean. It’s a pretty fun feature and could end up being a good time depending on the message you pick up.

The use of new social features and QR codes sets this communication app apart from the masses.  Alibaba managed to take communication technology in a different direction than most people would expect, and it seems to be paying off. Maybe the new approach to becoming a publicly traded company will have the same positive results.

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Teerah Goodrum (@AisleNotes), is a graduate student at Howard University with a concentration in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football.

Featured image courtesy of [Rico Shen via Wikipedia]

Teerah Goodrum

Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

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