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As I have written before, Donald J. Trump has proven over and over to be the gift that goes on giving to copyright and trademark lawyers. Last time around it was the battle over the application to register the trademark for TRUMP TOO SMALL—which ended with a Supreme Court decision blocking the registration but nevertheless…
Read MoreWhen navigating the complexities of commercial leases, you might encounter the term “waiver of subrogation.” Waiver of subrogation clauses are often accepted as boiler plate legalese in lease agreements. However, the wrong language in a waiver of subrogation clause can be a costly mistake. Waiver of subrogation clauses are a crucial concept that can…
Read MoreWe all know to be wary of classic red flags in relationships—like the guy who still calls his mom to make his dentist appointments. But what about red flags when it comes to business-related correspondence? In today’s world, scammers are constantly seeking opportunities to prey on unsuspecting individuals and businesses. While we can’t stop…
Read MoreNon-compete agreements have long been a staple in employment contracts across various industries, serving as tools for employers to protect their business interests. However, the widespread use of these agreements has sparked significant debate regarding their impact on workers and the economy. In response to these concerns, the Federal Trade Commission (the “FTC”) introduced…
Read MoreOn July 9, 2024, Governor Parsons signed HB 2062, which overrules homeowners’ association (“HOA”) restrictions on the ownership or pasturing of chickens. Codified at R.S.Mo. § 442.404.5(1) & (2), this new law becomes effective on August 28, 2024. Here is what the new law states: 5. (1) No deed restrictions, covenants, or similar binding agreements…
Read MoreThis all began a week or so ago when I was strolling past a popular coffee-and-pastry spot in Evanston, Illinois. Having been born and raised in St. Louis, I smiled and shook my head as I glanced up at the establishment’s name, Hoosier Mama Pie Company. As my protagonist Rachel Gold explains in my…
Read MoreSince the passage of the Corporate Transparency Act (“CTA”) and the implementation of the associated regulations, various parties have been arguing that the statute was an overreach and unconstitutional. We have been waiting to see how courts ruled on this – and we now have our first answer – with the initial court win…
Read MoreWhether you are a content creator, musical artist, or someone like me who often (shamelessly) finds themselves mindlessly scrolling through social media platforms during their free time, you have likely caught wind of the recent dispute between Universal Music Group (“UMG”)—one of the world’s largest music conglomerates—and TikTok, one of the fastest growing, influential,…
Read MoreThe Financial Crimes Enforcement Network (FinCEN) – the agency responsible for implementing new requirements imposed by the Corporate Transparency Act of 2021 – has announced a change to the deadlines for the reporting of information by companies formed in 2024. Under the rule, as initially announced, those companies would have had 30 days from…
Read MoreMore and More Reporting to the U.S. Department of Treasury In a seemingly never-ending quest to crack down on money laundering, funding of terrorism, and tax evasion, our federal government’s latest attempt to prevent individuals from concealing their business holdings through shell companies and complex ownership structures is a doozy: the Corporate Transparency Act…
Read MoreWhat does an IP attorney who spends his days trying to protect the work of the creative class know about “corporate governance” you might ask? I’ve never had a professional specialty that was particularly easy to explain or for other attorneys to understand. I’ve been called many things in my career, but “corporate governance…
Read MoreWhat is Property Reassessment? Missouri law requires every county assessor (and the St. Louis City Assessor) to reassess the value of each property within their jurisdiction during the spring of every odd-numbered year. This process is known as reassessment. Unless you sell or significantly improve your property after that reassessment, the valuation of your…
Read MoreReady? How about a copyright claim over a farting doll named Pull My Finger Fred? Or a Supreme Court case over the trademark FUCT? Yes, to quote the reassurance that Cousin Eddie (Randy Quaid) offers to a disappointed Clark Griswold (Chevy Chase) in National Lampoon’s Christmas Vacation when Clark discovers that his Christmas bonus is…
Read MoreAs both a trial attorney and the author of novels, I have learned to heed the words of Mark Twain, who wrote: “Truth is stranger than fiction, but it is because fiction is obliged to stick to possibilities. Truth isn’t.” We’ve all heard remarkable true stories about amazing coincidences (twins separated at birth and…
Read MoreA Disaster Waiting to Happen Picture it: The year is 2003. You are an owner of a limited liability company that has elected to be taxed as an S corporation. When you formed your LLC, you worked with an attorney to draft the operating agreement, and your CPA filed the S election. You went…
Read MoreYesterday morning the Supreme Court issued its long-awaited ruling in one of the most closely-watched copyright cases in a long time – Andy Warhol Foundation v. Goldsmith. This case raised the question of whether pop artist Andy Warhol’s silkscreen painting of rock star Prince infringed on a photograph of Prince on which it was…
Read MoreHow can there be a writer’s strike when we’re living in a time of unprecedented TV and movie production, with more screens and outlets to watch content on than ever before? And what does this mean for the music industry? Great questions. Let’s talk about it. The Streaming Era’s Impact on the Writer’s Strike …
Read MoreMediation is a powerful and efficient way to resolve conflict by having honest and open communication. When I finish mediating a dispute I always reflect on how different and satisfying each process can be. I compare it to being confronted with a seemingly impossible crossword puzzle. At first glance the clues just don’t resonate but…
Read MoreThis morning, the Supreme Court issued what lawyers correctly regard as a taxpayer-friendly opinion in the case of Bittner v. United States. In that case, by a vote of 5-4, the Court held the maximum penalty that the Government can impose upon a person who nonwillfully fails to file FinCEN Form 114, “Report of Foreign…
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