Jennifer Newton

Over a span of fifteen years, Jennifer Newton has served as a trusted advisor to clients and businesses of all types, ranging from burgeoning startups to established multinational corporations. Her expertise in navigating the complex regulatory landscapes of various industries has made her an invaluable asset to those seeking to enhance their legal, compliance, governance, and risk management strategies. Jennifer's ability to tailor her advice to the unique needs of each business, coupled with her deep understanding of both domestic and international regulatory environments, underscores her role as a pivotal figure in the field of regulatory compliance and risk management.

But Jennifer's vision extends beyond her impressive resume. She founded StartSmart Counsel to ensure that startups and small-to-medium sized businesses (SMBs), crucial to creating economic inclusion and community stability, are not locked out of receiving sound and high-quality representation due to skyrocketing legal fees. She believes that when these businesses thrive, our community thrives. Under Jennifer's leadership, StartSmart Counsel has become more than a legal firm. It is a beacon of empowerment for startups and SMBs and a champion for economic diversity.

Renowned in her field, Jennifer has been highlighted in premier publications such as Compliance Week, Law360, Daily Business Review, American Banker, the Wall Street Journal, Bankrate, and JDSupra and she regularly speaks at prominent industry conferences. Her distinguished career has earned her accolades, including being christened one of South Florida's Most Powerful and Influential Black Leaders by Legacy Magazine and consistently featuring in the National Black Lawyers’ “Top 40 under 40” in Banking. Beyond her professional undertakings, Jennifer shares her knowledge as an adjunct professor at Fordham University School of Law and plays integral roles on the boards of the Ten North Group & the Community Justice Project

Florida State University

B.S. | Sociology and Social Science

Loyola University New Orleans College of Law

J.D. | Law

The Florida Bar  # 0064027

Member

2009 - Current

Florida

The Florida Bar

ID Number: 0064027

Since 2009

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Q. Solar investors and owners of land and middle man.

September 9, 2024

A: To protect your interests, you may want to consider drafting an Intermediary or Finder’s Fee Agreement. This type of agreement would outline your role in facilitating the deal and include terms that ensure you are compensated.

Q. Amazon/eBay reselling Are people restricted to only reselling non branded products?

September 9, 2024

A: Starting an e-commerce business reselling products from Alibaba is a great venture, and understanding the legal landscape for reselling branded versus non-branded products is crucial for your success.

Here are some important points to consider:

Non-Branded Products: If you're buying and reselling non-branded products, you generally don't need any special permissions or licenses, as long as the products are not infringing on trademarks or patents (e.g., counterfeit or "knockoff" products). However, it’s wise to ensure that all products are compliant with U.S. import laws and safety standards.

Reselling Branded Products: If you wish to resell branded products (those with a registered trademark, such as electronics, clothing, or beauty products), it’s important to understand:

Authorized Reseller Agreements: Many brands require resellers to obtain permission or enter into authorized reseller agreements. Without this, you may face issues with the brand or marketplace platforms like Amazon or eBay, which often require proof that you're an authorized reseller.

First Sale Doctrine: Under U.S. law, the "first sale doctrine" allows you to resell legally purchased branded products without needing a license, as long as the products are authentic and have been lawfully acquired. However, this doesn't protect against restrictions some brands may impose.

Warranties and Product Authenticity: Selling branded products without being an authorized dealer may cause issues with product warranties, and customers might raise concerns about authenticity.

Licensing & Intellectual Property Concerns: Even for branded products, selling counterfeit or infringing items, knowingly or unknowingly, can result in legal action, including trademark infringement claims. Always verify that the branded products are genuine and not restricted by the manufacturer.

In general, it may be safer to focus on non-branded products or obtain the necessary permissions if you wish to sell branded items. ... Read More

Q. Can I sell custom home decor that plays a celebrity song? It was going to be upcharged service fee

September 9, 2024

A: Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key considerations:

Copyright Law: Songs, including full versions, partial versions (chorus or instrumental), are protected by copyright. In order to use a celebrity's song in your products, you would generally need to obtain a license from the copyright owner, which could be the artist, music publisher, or record label. This applies whether you're using a full song, part of the song, or even just an instrumental.

Mechanical License: This type of license is needed when you reproduce and distribute copyrighted music in a product. You would need to secure this from a licensing agency, like the Harry Fox Agency, or directly from the copyright holder.

Public Performance Rights: If the song plays for others in a public or commercial setting (for example, if your product is demonstrated in a store), additional licenses for public performance may be required.

Alternatives: To avoid potential legal issues, you could consider working with royalty-free music or licensing pre-cleared music. This would give you more flexibility without needing to negotiate directly with the copyright holders of popular celebrity songs. ... Read More