• With a Little Help from My Friends: Study Finds the Roberts Supreme Court the Friendliest Court to Business in Decades

    The decisions of the current Supreme Court are the friendliest to business of any court since World War II, according to a recent study published in the Minnesota Law Review. In “How Business Fares in the Supreme Court,” Lee Epstein, William M. Landes, and Richard A. Posner discuss their analysis of nearly 2,000 decisions from 1946 through 2011. The study considered cases with a business on only one side. A vote in favor of the business was considered a pro-business vote. The authors concluded that five of the ten Supreme Court Justices who have been most favorable to business currently serve on ...

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    Tuesday, May 28th, 2013

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  • April 2013 Legal Brief – Firm Newsletter

    April 2013 Legal Brief - Firm Newsletter

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    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 ...

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    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 ...

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    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 ...

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    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. ...

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    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,” ...

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    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 ...

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    Tuesday, April 09th, 2013

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  • March 2013 Legal Brief – Firm Newsletter

     

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    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 ...

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    Tuesday, March 19th, 2013

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Fred Eisenbud