Did you know that every public establishment, including bars and restaurants, must obtain licenses to have live or recorded music play in their business? The licenses are not difficult to get, but if you don’t pay for them you can be sued for playing music in your establishment. Recently, ASCAP (American Society of Composers Authors and Publishers), a performing rights society that manages the public performance rights for its members, sued thirteen bars and restaurants around the country for not paying for its license.Read More
Everybody loves arcade bars. These trendy gathering places mix drinking and socializing with video games and nostalgia – appealing to a wide variety of patrons. The easy shorthand portmanteau, “barcade,” is often used to describe these establishments. However, have you ever noticed that the term barcade is actually rarely used in the names or advertising for the establishments?
As you may expect from a blog on legal topics, there is a legal reason for this – BARCADE is a federally-protected trademark for arcade bars owned by a company in Brooklyn, NY. Not only does this establishment own exclusive rights to the term, but this business actively – and some would say, aggressively – polices and enforces against unlicensed use of the term by sending cease-and-desist letters to establishments it thinks are infringing on its mark.Read More
The Board of Education generally looks for a change in circumstances, such as a recent arms-length sale or property improvements, to bolster its claim that your property value, and hence your taxes, should increase. There are ways to defend against this before the Board of Revision.
If you received a recent notice of complaint from the Board of Revision, don't let them jack up your taxes without talking to us first!Read More
Spoon theory is a disability metaphor used to explain the reduced amount of mental and physical energy available for basic living activities and productive tasks that results from many disabilities and chronic illnesses. It can be difficult to explain the personal experiences of living with an invisible illness to those of you who literally cannot relate - how could you when we’re talking about internal experiences and challenges?Read More
n this article, we’re going to tackle the interactive accommodations process. What does the ADA mean by an “interactive” accommodations process? What kinds of accommodations might an employer be required to make? How do you accommodate an invisible illness that you may not fully understand? How do you know that your employee has a legitimate disability- couldn’t they be lying?Read More
Facebook has received a number of recent privacy complaints, with repercussions ranging from increased public scrutiny to monetary fines including a €500,000 ($644,000) fine by the UK’s Information Commissioner’s Office (ICO) in 2018 – the maximum penalty under the UK’s data protection legislation. The fine was levied after the ICO discovered that Facebook failed to keep the personal information of its users secure by allowing third-party developers access to user information without user consent.Read More
The ADA requires employers to provide reasonable accommodation to qualified individuals with a disability who are employees (or applicants), unless doing so would cause on undue hardship. Sounds simple enough, right? In theory, maybe. In practice, far from it. In fact, over 30% of the charges filed with the EEOC in 2017 involved allegations of disability discrimination. The ADA is a complex piece of legislation and mental health issues are still widely stigmatized and misunderstood. Combined, the conditions are ripe for the perfect storm, and employers must batten down the proverbial compliance hatches in 2019. Over the next month, we’ll be sharing a series of articles with you on mental health and the ADA.Read More
Deciding whether to start a business on your own or with partners seems like a basic threshold question. But sometimes what might seem like a simple concept can have major legal implications. For startups and small businesses, a single-owner business is relatively basic to start, but as soon as there are more owners involved, there are instantly more issues that need to be dealt with including what do with your LLC Operating Agreement.Read More
Like a physical ailment, a person’s mental health can affect their ability to work and sometimes even their ability to be available to work. In certain circumstances employers have a legal obligation under the American’s With Disabilities Act (the ADA) to provide certain accommodations and sometimes even grant leave requests to employees experiencing mental health issues. This article explores the applicable legal and moral obligations that may be brought up by mental health issues under the ADA.Read More
Commercial lawsuits are expensive, time consuming and seem to drag out for years. The only real winners, in many cases, are the darn lawyers. This doesn’t have to be the case and sometimes, there is the ability to have a lawsuit dismissed EARLY in the process. How, you might ask? Attorney Vince Zuccaro, explains below, rather wittingly.Read More