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Don't Ask and Don't Tell: How to Avoid GINA Liability
Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits companies from using genetic information to make employment decisions.
Lawyers Are in the Relationship-Building Business But Are They Connecting?
For lawyers, it is imperative to consistently and persistently cultivate, nurture and strengthen their relationships with their universal networks. Here's how.
Renkemeyer Case Sheds Light on Law Firm Tax Issues
A recent tax court case dealt with two issues that are relevant to many law firms. The first issue is the allocation of partnership income to the partners in the absence of a written partnership agreement. The second is whether income generated by a limited liability partnership is subject to self-employment tax.
Applying Supply Chain Management and the Theory of Constraints to the Practice of Law
More and more law firms are beginning to hire experienced business professionals from outside the legal industry to help run their businesses. With this experience from outside the industry, new ideas on how to more efficiently run law firms are being adopted. This article focuses on one such topic, namely the concept of supply chain management and the Theory of Constraints.
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How Joint Venture Was Developed for Touring Bands
This year, three bands boarded a vintage train for a tour through the American Southwest. The bands formed a joint venture to manage their Railroad Revival Tour and control revenues and related intellectual property, including a documentary DVD. <b>Matthew V. Wilson</b>, an associate at Atlanta, GA's Arnall Golden Gregory who structured the deal, describes the arrangement in the following interview.
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Analysis of Decision By Supreme Court on Video Games
Supreme Court Justice Antonin Scalia and his teammates recently mowed down California's ban on violent video games with fully loaded First Amendment precedents and barbed retorts to opposing arguments. In doing so, the U.S. Supreme Court reinforced a fundamental point: First Amendment protections do not depend on the medium of communication. Thus, video games are protected speech, and restrictions based on their content will be subject to strict scrutiny.
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Tax Court Divides Endorsement Income into Personal Service Or Royalty Earnings
The U.S. Tax Court decided that fees received by international pro-golfer Retief Goosen for so-called "on-course" endorsement deals constituted both personal service and royalty income.
New Business Structures for Keeping Cast Albums Alive
This article discusses how, in the wake of changing economic and industry conditions, new business structures have evolved to bolster the production and exploitation of cast albums while shifting the risk and reward from large labels to the authors, investors and producers of the shows themselves.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›