January 1, 2019 was a really big, red-letter kind of day for writers, composers, musicians, filmmakers and artists and creators of all kinds. Why? Because that’s the date on which works protected under the federal copyright laws prior to 1978 and published prior to January 1, 1923 enter the public domain. When a work enters […]
Contracts. The Basics.
When is a contract a contract? In a recent case, the Appellate Division of the New Jersey Superior Court considered three possibilities. The case involved the sale of a parcel of vacant land. The seller drafted a real estate contract, and sent it to the buyer, Coddington Communities, LLC, a limited liability company with two […]
Indemnity Clauses : Protection or Peril?
Indemnity clauses are ubiquitous in contracts of all kinds; from copier leases to multi-million (and billion) dollar deals, indemnity clauses are an integral part of a contract. No contract should be without one. The purpose of an indemnity clause is to shift or allocate liability between the parties to a contract, and they are always, […]
#MeToo: States Move to Limit Use of Non-Disclosure Agreements
Currently, six states, New York, Arizona, Maryland, Tennessee, Vermont and Washington, have passed bills that severely limit or prohibit the use of non-disclosure agreements in settlements of sexual harassment claims. Similar bills are pending in California, New Jersey and Pennsylvania. By far the most sweeping of the bills under consideration is S 121. That bill […]
New Jersey’s Paid Sick Leave Act: It’s Complicated, and It Covers More Than Sick Leave
The New Jersey Paid Sick Leave Act (“NJPSLA”) takes effect on October 29, 2018. Regulations for implementing the requirements of the new law were issued on September 17, 2018. Interested parties have until December 14, 2018 to file comments on the proposed regulations. Applicability All employers must comply with the new law; there is no […]
Many Have Tried; Hasbro Has Succeeded.
The scent of Play-Doh® is now a registered trademark. Over the years, numerous companies have tried, and most have failed, to register the scent of a product as a trademark. Among the exceptions are strawberry scented toothbrushes, sewing thread with a plumeria blossom scent and bubble-gum scented shoes, sandal and flip-flops. Earlier this year, Hasbro, […]
Dissolving a New Jersey Partnership
Here’s what you need to know if you want to end a partnership, limited partnership or limited liability partnership organized in New Jersey. The law regulating partnerships in New Jersey is the New Jersey Partnership Act 1996, Title 42, New Jersey Revised Statues §1, et seq. The first step is to review the partnership agreement […]
Aretha Franklin and Respect and Money.
“Respect” was Aretha Franklin’s breakthrough hit. She covered Otis Redding and made that song her very own. Since Aretha recorded “Respect”, in 1967, it has been played on the radio more than 7,000,000 times. For all that airplay, Aretha received not one dime. Why is that? Because under federal copyright law, American radio stations pay […]
Before You Sign: Negotiating a Commercial Lease
If you are negotiating a lease, you probably focus on the rent and the lease term and evaluate the cost of the lease in terms of monthly cash flow. You may look at a lease as a monthly expense, but that’s not how a landlord sees it. Space is an asset, and a landlord writes […]
Crowdfunding: The Basics
“Crowdfunding” has historically referred to a process whereby individuals or companies raise money to fund projects or ideas. Funders donate money with no expectation of a return other than a token gift. Kickstarter and GoFundMe are examples of this type of crowdfunding. In April 2012, President Obama signed the Jumpstart Our Business Startups Act (the […]
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