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Commercial Law

  • The U.S. Court of Appeals for the Eleventh Circuit decided that a federal district court in Florida had personal jurisdiction over a Tennessee-based personal manager who used the indicia of a Florida musician on his Web site.

    October 29, 2008ALM Staff | Law Journal Newsletters |
  • Vocal groups from the 1950s don't just fade away ' they splinter into separate acts that go on to fight over which is a true descendant of the original. In the U.S. and Canada, there are no fewer than 10 groups performing as The Drifters, or some minor variation. To help fans separate bona fide artists from pretenders, New Jersey and 26 other states have passed the "Truth in Music Act," forbidding performers to advertise themselves as affiliated with a recording group unless they demonstrate the connection by specified means.

    October 29, 2008Charles Toutant
  • The new $700 billion U.S. financial bailout bill included some tax zingers to buy off House of Representative votes. One such zinger was an extension and amendment to Internal Revenue Code Sec. 181, which now provides a deduction for the first $15 million of the cost of certain films produced in the U.S. This article summarizes Sec. 181, including the impact of the Amendment and the IRS Temporary Regulations issued last year.

    October 29, 2008Schuyler M. Moore
  • While often a healthy asset for organizations, the increasing use of mandatory wellness programs can also present liability risks for companies, including potential violations of employee privacy rights, the federal anti-discrimination laws, such as the Americans With Disabilities Act (ADA), the Health Insurance Portability and Accountability Act, and state legislation regarding the regulation of an employee's lawful off-duty conduct.

    October 29, 2008Tiffani L. McDonough
  • Recently, we witnessed the annual ritual of the United States Supreme Court releasing its most monumental decisions in the waning days of its term. The front pages were consumed with new landmarks on, among others, the Second Amendment and the death penalty. The general public and the media rightly gave greater import to these constitutional decisions, but does that mean that American business was ignored by the Justices this year?

    October 29, 2008Anthony Michael Sabino
  • On July 17, 2008, UBS A.G., the giant Swiss bank, announced its cooperation with the Department of Justice (DOJ) and the IRS and its identification to the authorities of U.S. clients who use undeclared foreign accounts and thus may have committed tax fraud by concealing income. Herein is a discussion of voluntary disclosure.

    October 29, 2008Peter D. Hardy
  • As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. This article explains.

    October 29, 2008Jacqueline C. Wolff and Daniel P. Cooper
  • The present economic climate is predictive of increased bankruptcy filings, liquidations, and other insolvencies. Under the appropriate circumstances, a company's directors' and officers' liability policies are potential corporate assets that should not be forgotten or ignored.

    October 28, 2008Sallie Lux