• April 2013 Legal Brief – Firm Newsletter

    April 2013 Legal Brief - Firm Newsletter

    cmandm

    Sunday, April 28th, 2013

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  • License is Required for Playing Music in Public Establishments

    Business owners should be advised that a license is required for any public performance of music. Some owners are unknowingly playing music in their restaurants, bars, gyms, and storefronts from CDs, iPods, or MP3 players in violation of Copyright Laws. What is needed are public performance rights — the right to play music that the general public will hear in one way or another. Public performance rights licenses are handled by two very large companies named ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music Incorporated). Each one handles a catalog of about 4,000,000 songs. Their fees depend ...

    cmandm

    Tuesday, April 23rd, 2013

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  • Supreme Court Holds that the “First Sale” Doctrine Applies to Copies of Copyrighted Works Lawfully Made Abroad

    Copyrighted works imported into the United States from abroad are subject to the same “first-sale” rules as items purchased in the United States, according to a Supreme Court decision issued last month (Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697). Supap Kirtsaeng, a citizen of Thailand, came to the United States in 1997 to study mathematics at Cornell University and the University of Southern California. While working on his degrees, Kirtsaeng asked friends and family in Thailand to buy copies of foreign edition English language textbooks in Thailand, where they were sold at low prices, and mail them to him ...

    cmandm

    Sunday, April 21st, 2013

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  • Estate Planning: Does Your 18-Year-Old Need It?

    The quick answer to that question is “yes.” When your child turns 18 years of age, he is considered a legal adult. As such, he should have an estate plan. This includes a health proxy, power of attorney, and even a will or trust. While it is difficult for parents to think about this as being necessary, failure to take these measures can have unexpected or severe consequences. When your child reaches the age of maturity, HIPAA (Health Insurance Portability and Accountability Act) prevents even you, his parents, from obtaining confidential medical information. He needs to have communicated that he ...

    cmandm

    Friday, April 19th, 2013

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  • Death of a Tenant

    Suppose you are a landlord and lease space, commercial or residential, to an individual tenant. Tenant timely pays rent for a while but, suddenly, rent payments stop. Upon investigating, you learn that the tenant has died. Does the death terminate the lease? Is a nonpayment proceeding available to obtain possession of the premises? While not a common occurrence, this simple fact pattern raises several issues regarding when, and against whom, a nonpayment proceeding may be brought. Initially, while perhaps not well known, but certainly well settled, the death of a tenant does not terminate an unexpired lease or the tenant’s leasehold estate. ...

    cmandm

    Wednesday, April 10th, 2013

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  • Noncompete Clauses Gain Focus in Digital World

    by Gregory Zeller When RBR Melville Contractors’ sales manager left the snow-removal company last year to form his own plow-for-hire business, he took a lot with him. Not just experience and knowledge, alleges RBR President Robert Wesolowski, but several longtime RBR customers – plus the only hard copy of a noncompete agreement that would have prevented such a coup. That’s the crux of an ongoing lawsuit pitting RBR against Patrick Feehan, founder of Carle Place-based Professional Snow Management. Wesolowski claims things “disappeared right out of the office” when Feehan left, including the noncompete agreement signed by Feehan. Feehan denies the charge. “I never signed any noncompete clause,” ...

    cmandm

    Tuesday, April 09th, 2013

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  • Building Rapport During Negotiations

    IMPORTANCE OF RAPPORT If you are like most busy professionals, you are typically pressed for time and would prefer to not waste time on small talk and just get to the issues at hand. This “small talk,” however, if used correctly, has value and should not just be dismissed or glossed over. When bargaining parties take the timeto establish some rapport and develop personal relationships, they tend to behave more cooperatively and enhance the likelihood they will achieve mutual agreements. It’s important to remember that you shouldn’t build rapport simply to win the upper hand in negotiations. Only building a sincere ...

    cmandm

    Tuesday, April 09th, 2013

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  • March 2013 Legal Brief – Firm Newsletter

     

    cmandm

    Thursday, March 28th, 2013

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  • Planning for One!

    In some ways, estate planning for a single person can be more challenging for an estate planning attorney than planning for a couple. When a couple puts together an estate plan, the easiest and most natural thing to do is to entrust one another with all of the fiduciary responsibilities in the event of one spouse’s disability or death. Among these responsibilities are the execution of each other’s health care proxy, power of attorney, access to medical records in end-of-life scenarios and the administration of the estate. The ease in dealing with these issues for couples is that the surviving spouse ...

    cmandm

    Tuesday, March 19th, 2013

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  • Copyright Claim Dismissed for Lack of Specificity

    A recent decision from the Southern District of New York demonstrates the importance of pleading sufficient factual allegations in a copyright infringement case. In Kane LLC v. Scholastic Corp., Case No. 12-cv-3890, 2013 WL 709276 (S.D.N.Y. Feb. 27, 2013), the Court dismissed plaintiff’s copyright claim because it did not specify which works were at issue, which acts constituted infringement, and the time period that the infringement occurred. Plaintiff was a stock photograph agency that licensed certain copyrighted photographs to defendant. The parties entered into a licensing agreement which granted defendant the right to use the photographs under certain limited terms. In the ...

    cmandm

    Monday, March 18th, 2013

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Fred Eisenbud