Paul McCartney Upset Over Not Getting Beatles Rights?

A bit stale probably, but guardian.co.uk's Paul McCartney 'not devastated' over Michael Jackson will seemed to good let pass without comment,

"Some time ago, the media came up with the idea that Michael Jackson was going to leave his share in the Beatles' songs to me in his will," McCartney wrote on his website. "[It] was completely made up."

That "idea" was first reported by the Mirror in January. Jackson, their source alleged, had decided to build bridges with McCartney by drawing up a new will that left him his share of the Beatles' back catalogue. But after Jackson's death on 25 June, there was no sign of this will – and the singer's assets were all left to a trust.

"The report is that I am devastated to find that he didn't leave the songs to me," McCartney wrote. "This is completely untrue. I had not thought for one minute that the original report [about the will] was true, and therefore the report that I'm devastated is also totally false."

First, let us all remember that Paul is a businessman. I think that was one of the complaints about him when the Beatles broke up (back in those days before The Flood).

Second, I think it has become increasingly clear that Michael Jackson was not too shabby at handling his business.

Third, regardless of what you might think, trademarks are an asset, a type of property, stuff that belongs to whoever is the copyholder.

Copyrights are not to be just given away. Of all the people who know this, the ones who may know this best are writers. I guess music writers know this less.

FTC Amends Rules on Practice

FTC Issues Final Rules Amending Parts 3 and 4 of the Agency’s Rules of Practice:

"Through the Federal Register notice announced today, the Commission has made changes to several areas of the rules. First, the amendments eliminate Rule 3.11A (Fast Track Proceedings). The Fast Track Proceedings are unnecessary because of the expedited deadlines in the new Part 3 rules.

Second, changes in Rule 3.25 clarify the procedures for the Commission to consider possible settlements while a matter is in administrative litigation.

Third, Rule 3.31(g) has been amended to be consistent with a new federal rule of evidence regarding how parties must deal with documents subject to privilege that another party claims were inadvertently produced.

Finally, amended Rule 4.2 requires a party to file a redacted public version of a petition for certain types of Commission action (such as a petition to quash a subpoena) in non-Part 3 matters if it requests confidential treatment for the petition. The rule also makes other changes that will facilitate the development of a new Commission electronic filing system for adjudicative proceedings."

SBA News

Some thoughts from Business Opportunities Weblog that deserve consideration.

Our Future With Our New President

Many wonder exactly how qualified Mills is to run the SBA given she is a venture capitalist. Well let’s see…she was a partner/director of Solera Capital a venture capital firm, a Harvard business school graduate and president of private equity business firm MMP Group. It sound’s to me like she just may have the credentials that this country needs right now.

Marketing consultant Scott Testa argues that Mill’s while being a venture capitalist is naturally a risk taker and that just may be what the SBA needs…to take some new risk’s.

Though Mills’ experience is more ambitious entrepreneur than stereotypical mom-and-pop shop, that may be just what the SBA needs to inject new ideas and resources — and, in turn, boost the ailing economy.

What are some of your thoughts on how Karen Mills will do in heading up the SBA?

Excuse me but a venture capitalist would seem a perfect fit for an agency like the SBA.

Employee Rights and Responsibilities under the Family and Medical Leave Act

The federal Department of Labor has a new Employee Rights and Responsibilities under the Family and Medical Leave Act poster here.

The Department of Labor also passed on this information:

The Department has provided optional forms for use by employers and employees during the FMLA process. The Department has revised its Certification of Health Care Provider form (WH-380), and divided it into two separate forms for an Employee’s Serious Health Condition (WH-380E) and a Family Member’s Serious Health Condition (WH-380F). The Department has also revised its Notice of Eligibility and Rights and Responsibilities form (WH-381). In addition, the Department has added new forms for Designation Notice to Employee of FMLA Leave (WH-382), Certification of Qualifying Exigency for Military Family Leave (WH-384), and Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385).

The poster and forms become effective on January 16, 2009. Additional compliance assistance materials are also available on FMLA Final Rule Web site at www.dol.gov/esa/whd/fmla/finalrule.htm.

Problems with SBA Loans?

SBA loans scarce in these hard times | IndyStar.com | The Indianapolis Star

"SBA volume is significantly down, and one might argue that it's happening at a time when small business needs access to capital more than ever," said Chris Reilly, president of CIT Small Business Lending Corp. of Livingston, N.J., which ranks among the top SBA lenders nationwide.

The SBA reported recently that loan volumes made under its flagship 7(a) loan program fell 30 percent in the fiscal year ended Sept. 30. And in October, overall SBA loan volumes were 50 percent lower than in October 2007, mainly because of sharp drops in the SBA Express loan program that makes smaller loans, said Eric Zarnikow, head of the SBA's Office of Capital Access.

***

In recent weeks, however, lenders are reporting yet another problem
with their SBA lending programs. Banks and lenders can't sell
SBA-backed loans to other institutions on the secondary market, which
many lenders rely on to free up capital to issue new loans.

The
reason: Returns on SBA-backed loans are pegged to the prime lending
rate, which has fallen in line with Federal Reserve cuts in key
interest-rate targets. Yet, for most potential investors, the cost of
obtaining capital to buy those loans -- determined by the London
interbank offered rate, or Libor -- has soared as the Wall Street
financial crisis hit credit markets. That has made the SBA loans a much
less attractive investment for buyers.

The two rates recently began reverting to normal spreads. But it's unclear how long it will take for SBA lending to recover.

ADA Amendments Now Law

The Associated Press: Bush's father joins president at bill-signing:

"WASHINGTON (AP) — With his father looking on, President Bush on Thursday signed legislation expanding the protections afforded by the landmark Americans with Disabilities Act to those who can use medication or other devices to treat impairments."

BREAKING NEWS: President Signs ADA Amendments Act of 2008; Act Becomes Effective January 1, 2009

Jackson Lewis - OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals

From Jackson Lewis some importnat information for employers - OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals:

"The Office of Federal Contract Compliance Programs (“OFCCP”) has updated its existing interim guidance regarding the use of the “new” race/ethnicity categories as part of affirmative action plan preparation. As part of the updated interim guidance, the OFCCP has advised that employers should count employees identifying themselves as “Two or More Races” as minorities in analyzing minority representation as compared to availability (when conducting utilization analyses and setting placement goals). Prior to this guidance, the OFCCP had not provided clear direction to employers about how to classify employees properly who identify themselves as “Two or More Races.”
In 2007, the EEOC changed its EEO-1 report form. Among other things, it:

1. Separated “Hispanic or Latino” from other race categories and instead classifying it as a separate “ethnic” category;
2. Added a “Two or More Races” race category; and
3. Divided the former “Asian or Pacific Islander” race category into two separate categories – “Asian” and “Native Hawaiian or Pacific Islander.”"

Do read they complete post.

More Premier News: Owner to be Arrested

As reported by the Indianapolis Business Journal:

The Marion County Prosecutor's Office today filed three felony charges against Christopher P. White, the founder of bankrupt development firm Premier Properties USA Inc.

The charges include fraud on a financial institution, check fraud and theft-all Class C Felonies stemming from a $500,000 bad check that authorities say White deposited into an account with The National Bank of Indianapolis in January.

The check was drawn on an account at JP Morgan Chase that never had a balance of more than $1,000, the prosecutor's office said.

White, 50, will be arrested and faces an initial hearing later this week, said Matthew Symons, a spokesman for the prosecutor's office.

The IBJ maintains a web page on this case here.

Indiana Business News: State Funds for ESOPs

The Indianapolis Star reports on a new sate program which should encourage employee stock ownership programs here.

Indiana State Treasurer Richard Mourdock on Tuesday announced a $50 million program to help workers set up employee stock ownership programs.

***

Under the state plan, workers can get loans from participating banks to set up ESOPs. The state doesn't guarantee the loans, but encourages banks to participate by buying certificates of deposit at reduced interest rates. In turn, the banks provide loans at reduced rates to Indiana businesses that are setting up ESOP programs.

The initial rates that financial institutions will be charging Indiana businesses through the program will be 4.25 percent.

Employment Law for Businesses: FirstStep Recordkeeping, Reporting and Notices elaws

The federal Department of Labor put a big effort into publiczing its FirstStep Recordkeeping, Reporting and Notices elaws.

First, a press release (U.S. Department of Labor releases new “elaws” tool to help employers comply with recordkeeping, reporting and notice requirements) with the following:

The new FirstStep Recordkeeping, Reporting and Notices elaws Advisor has been integrated into a FirstStep suite of advisors that also includes the revised and expanded FirstStep Poster Advisor and FirstStep Employment Law Overview Advisor.

"These Internet tools will make it easier for small business employers to learn about and comply with the federal laws that apply to them," said Secretary of Labor Elaine L. Chao.

The elaws advisors are free, Web-based tools designed to help employers and workers understand the department's major employment laws. By asking a series of questions, the advisors simulate a conversation with a Department of Labor expert and guide users to customized information explaining the requirements of each law.

Then, the FirstStep Employment Law Advisor which has three parts:

This Advisor provides three basic starting points depending on your interests and needs:

• FirstStep - Employment Law Overview Advisor provides a short primer on each law's basic provisions as well as any related recordkeeping, reporting and notice requirements.
• FirstStep - Recordkeeping, Reporting, and Notices Advisor provides detailed explanations of each law's recordkeeping, reporting and notice requirements.
• FirstStep - Poster Advisor provides access to short descriptions of DOL poster requirements and links to printable posters.

The federal DOL also has the Compliance Assistance - News Room.

Beware of E-Mail Carrying Pseudo-Subpoenas

Businesses or individuals need to read Law.com's Businesses Hit With E-Mail Blast of Virus-Carrying Pseudo-Subpoenas:

"Thousands of executives received e-mails on Monday purporting to be federal court subpoenas but which appear to be part of a 'phishing' scam to capture sensitive data."

This sounds like something that may be limited to a certain level of business and individual but it is not a good idea to underestimate the kind of people behind this kind of scam.

Indiana law does not allow for service of a subpoena via e-mail. I think the same can be said of federal subpoenas.

If you get one of these, call your attorney immediately and nothing else.

News for Businesses: Small Businesses and Energy

CNN Money spotlighted the new energy bill and small business: Energy bill promises lower-cost biz loans The Small Business Administration is charged with drafting new loan and training programs to help small businesses boost their energy efficiency - and this time, the SBA faces deadlines..

WASHINGTON, D.C. (FORTUNE Small Business) -- The Small Business Administration (SBA) and other government agencies are currently at work fleshing out plans for the new small-business training and grant programs mandated by the sweeping, years-in-the-making energy bill signed into law last month by President Bush.

The Energy Independence and Security Act of 2007's major focus is on long-term measures to reduce energy consumption, such as more stringent fuel-economy requirements for cars and light trucks and mandated increases in ethanol production. But scattered in the fine print of the 822-page bill are several provisions aimed at small businesses, the primary one of which is a loan-expansion program that reduces the fees and speeds up processing time for SBA loans earmarked for projects that increase a business's energy efficiency.

I suggest reading the full article for the full details. I suspect - not having read the energy bill - that its benefits flow more to the businesses consuming more energy.

Indiana Business Bankruptcy Filings

Remember that on Mondays the Indianapolis Star publishes the week's business bankruptcies.

Chapter 7 (liquidation)

United Mortgage Co. of IN Inc., 407 Amelie Drive, Jeffersonville. D, $158,208; A, none.

Zemon Enterprises Inc., 757 E. Lewis & Clark Pkwy., Clarksville.

USF Worldwide Holdings Inc., 5151 W. U.S. 40, Greenfield. D, $7,105,357; A, none.

S.B. Brother's Inc., 600 N. Lincoln Road, Rockville. D, $44,523; A, none.

4 SGC LLC, 66 Harmony Road, Carmel. D, $112,292; A, $13,165.

Chapter 11 (reorganization)

Thomas K. Helton Inc., d/b/a Home Lumber Co., 101 W. Lincoln St., Danville.

House Bill Would Create Govt. Copyright Czar - News and Analysis by PC Magazine

From PC Magazine comes House Bill Would Create Govt. Copyright Czar:

Several members from both sides of the aisle – including Chairman John Conyers of Michigan and ranking member Lamar Smith of Texas – on Tuesday introduced a bill, H.R. 4279, that would further crack down on intellectual property violations, and create several new government positions with the power to enforce the new law."

***

Specifically, the bill calls for strengthening the civil and criminal laws relating to copyright and trademark infringement. It would also create an intellectual property enforcement representative who would report to the White House, and establish a permanent intellectual property division within the Department of Justice. Intellectual property officers would also be granted the authority to work with international authorities for anti-piracy efforts.

***

A provision in the bill allows the government to seize "any property used, or intended to be used, to commit or facilitate the commission of a violation … that is owned or predominantly controlled by the violator or by a person conspiring with or aiding and abetting the violator in committing the violation."

Those are the highlights. The article contains pro and con positions on the proposed law. I think protecting my client's trademarks important but I see the results of the RIAA litigation and think trademarks are about to go down the same route.

New OSHA regulations on employer-paid personal protective equipment

Some more news from the federal Department of Labor:

On November 15, 2007, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) published a final rule on employer-paid personal protective equipment (PPE). Under the final rule, all PPE, with few exceptions, is to be provided at no cost to the employee. The rule contains a few exceptions for ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear. For more information, visit PPE Payment Fact Sheet.

New federal publication - Wage and Hours for Small Businesses

For all small businesses, a new publication from the federal Department of Labor needs checked out:

"DOL’s Wage and Hour Division (WHD) has released a new publication, Labor Standards Information for New and Small Businesses. It is a resource to assist new and small businesses to properly and effectively stay in compliance with the laws and regulations administered by the WHD. The Guide provides general information about the laws administered by the Division, the Department of Labor, and other federal agencies."

The publication is in PDf format and can be found by clicking here. Remember these publications are not the law but are for informational purposes only.

Intuit entrepreneurs contest

Intuit offers entrepreneurs chance at prize:

"Intuit Inc., the maker of Quicken and TurboTax software, is offering aspiring entrepreneurs a chance to compete for a business start-up grant valued at $50,000 in cash, products and services."

***

Entries must be submitted by Dec. 15.

Thanks to Solo in Chicago for the link to this Chicago Tribune article.

ERISA

ERISA cases are one thing I do not take. If you have a case in Indiana, I suggest searching Google for a lawyer. The only attorney I knew doing this work in my vicinity was Lynne Lawyer. You might give her a call.

On the other hand, if you are an employer then the federal Depeartment of Labor may have something to help you.

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has released a new interactive Web tool to serve as a resource for employers in complying with federal employee benefit laws. The elaws ERISA Fiduciary Advisor, available at www.dol.gov/elaws/ERISAFiduciary.htm, is designed to help employers and others who provide services to private sector retirement plans understand their responsibilities.

Something different - commercial loans, defeasance

I get a variety of e-mails. Some are outright spam and some come close. I almost put an e-mail from DefeasanceNews.com.

My practice does not specifically include commercial real estate. Which may be why I found the site so interesting - the strangeness of it all.

I also liked how the site provides a definition of defeasance and an overview of the process. Okay, the language could be a bit more simpler for those of us not so familiar with the process.

If a business has secured commercial debt (like a mortgage) and is looking to prepay the debt, you need to be looking at this site.

Indiana Business Bankruptcies

The September 10 Indianapolis Star published the following list of business bankruptcies filed in theSouthern District of Indiana between August 30 and 31:

Chapter 7 (liquidation)

Choice OK Used Cars, 3315 Madison Ave., Suite C, Indianapolis. D, $156,828; A, none.

MKT Inc., 336 W. Broadway St., Shelbyville. D, $1,675; A, none.

Chapter 11 (reorganization)

WRR Inc., d/b/a State Plating, 450 N. 9th St., Elwood.

These bankruptcies were filed

Aug. 11-29.

Chapter 7 (liquidation)

King Group Printing and Consulting Inc., P.O. Box 58, McCordsville. D, $2,967,274; A, $179,713.

K & A Cleaning Services Inc., d/b/a A & J Cleaning, 712 Prince Drive, Newburgh. D, $250,811; A, $11,292.

Chapter 11 (reorganization)

Rotz Engineers Inc., 2828 N. High School Road, Indianapolis. D, $11,830; A, $355,900.

PBT Investment Group, 220 W. Washington St., Lebanon. D, $600,556; A, $745,823.

This bankruptcy was filed July 30.

Chapter 7 (liquidation)

Strubbe Excavating 637 W. U.S. 40, Greenfield. D, $665,139; A, $46,516.