Features
Fundamental Issues In U.S. Taxation of Foreign Entertainers and Athletes
The United States taxes its citizens and resident aliens on their worldwide income; nonresident aliens are taxed on their U.S. source income and income that is effectively connected with a trade or business in the U.S. These seemingly simple terms have spawned volumes of regulations, rulings, cases and articles, the essence of all of which is to determine who is subject to tax in the U.S., and on what. This article introduces the U.S. federal income tax issues.
Features
'Best Efforts,' 'Commercially Reasonable' and Other Terms No One Understands
In this article, the authors explore why vague contractual terms are routinely used, explain how they have been inconsistently interpreted by the courts, and offer some practical tips to minimize the havoc ambiguous terms can wreak.
Features
Preparing for New Crowdfunding Regulations
On May 16, Regulation Crowdfunding came into effect. Regulation Crowdfunding is applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933, as amended.This article summarizes the practical terms of the crowdfunding rules.
Features
EU Cybersecurity Directive Update
Cyber attacks and IT security breaches are being constantly reported (the "Panama Papers" being the most recent spectacular example), and almost certainly represent just the tip of the iceberg. No one can doubt that cybersecurity is a very significant global issue with cybercrime a major international menace ' any statistics about these issues always make for grim reading.
Features
FCC's Proposed Rulemaking For Broadband Internet Access Providers
In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.
Columns & Departments
IP News
Federal Circuit: A Computer Database Logical Model Is Not an Abstract Idea If Directed At a Specific Implementation of a Solution to a Problem In the Software Arts <br>Federal Circuit: In Claim Construction Analysis, Plain Term Meanings and Presumption of Claim Differentiation Get Outweighed By Intrinsic Evidence and Prosecution History
Features
Building the Better Buy-Sell Agreement
Buy-sell agreements are arrangements between owners of a business where one or more owners agree that they will purchase the interest of an owner who withdraws or becomes deceased. Essentially, a buy-sell agreement is similar to prenuptial agreement between business owners, which details the financial aspect of the unwinding of the business relationship.
Features
Recent Uses of Software and the DMCA
One of the motivations for enacting the Digital Millennium Copyright Act (DMCA) was the acknowledgement by Congress of "the ease with which pirates could copy and distribute a copyrightable work in digital form was overwhelming the capacity of conventional copyright enforcement to find and enjoin unlawfully copied material." Among the provisions created to redress this rampant infringement were the prohibitions against: 1) removing copyright management information (CMI); and 2) circumventing technological measures in place to prevent infringement. Each is controversial.
Features
Supreme Court Deadlock over Spousal Guaranties Will Continue to Affect Costs of Equipment Financing
This article is a follow-up to the author's September, 2015, review of best practices for obtaining spousal guaranties in equipment financing transactions in light of the Supreme Court's decision in <i>Hawkins v. Community Bank of Raymore.</i>
Features
Measure to Manage: Understanding and Using Data to Affect Firm Change and Client Relationships
Organized and meaningful data has been leveraged in progressive organizations for years, but now that data and information is highly accessible and easily consumable via the ever-expanding digital mesh, enterprise-level expectations and related legal business impact have been elevated. With this new reality come many questions.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›