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Ownership of an intangible asset

Wednesday, May 21, 2008 by Roger A. Jackson

Who really owns the idea anyway, prior to any formal protection (patent, trademark, copyright, etc.) or informal such as trade secret which is not available because the idea has been publically disclosed, think of the Facebook case, as is typical there are no witten agreements between the parties. The law does not really have a clear avenue for these issues, could ownership be parallel to real or personal property, i.e. possession=ownership absent any clear ownership... Read More

Posted at 18:06 PM | PERMALINK

Topic: Intellectual Property

FERS & CSRS disability retirement: The very first step

Monday, May 19, 2008 by Robert R. McGill

Federal and Postal employees often get a bad rap; yet, what I find in all cases, without exception, is that Federal and Postal employees take great pride in their work. Moreover, they do not want to file for disability retirement -- there is a "mental wall" -- a desire at all costs not to file for disability retirement, until the physical pain gets too much, or the psychiatric symptoms become too overwhelming. It is at that critical point --... Read More

Posted at 16:55 PM | PERMALINK

Topic: Administrative Law

NYC Construction Still a Huge Risk

Monday, May 19, 2008 by Howard Andrew Raphaelson

Disaster strikes again at a Tishman Construction site. Though tragedy was avoided this time, can New York City afford to wait around for another construction accident in order to take action to make these sites safer?... Read More

Posted at 10:51 AM | PERMALINK

Topic: Construction Law

Foreclosure by Advertisement/Amendment to Abandonment Procedure and Redemption Period

Friday, May 16, 2008 by H. Douglas Shepherd

On December 30, 2006 Governor Granholm approved Senate Bill No. 1203 thereby amending the Foreclosure by Advertisement Statute (hereinafter the "Statute"), which amendment took immediate effect on January 3, 2007.[1] Specifically, the Bill amended MCL 600.3240 and MCL 600.3241a, modifying the... Read More

Posted at 16:35 PM | PERMALINK

Topic: Banking Law

Federal Disability Retirement: Getting the Bruner Presumption

Wednesday, May 14, 2008 by Robert R. McGill

If an individual is successful in persuading the Agency to remove him or her for his/her medical inability to perform the job, then the entitlement to what is coined as the "Bruner Presumption" is obtained. This is a great advantage, but one which is often misunderstood. Remember that, under Bruner v. Office of Personnel Management, 996 F.2d 290 (Fed. Cir. 1993), when an individual is accorded the Bruner... Read More

Posted at 21:58 PM | PERMALINK

Topic: Administrative Law

Rodriguez & I-9's

Wednesday, May 14, 2008 by Brian L. Aust

The recent decision of the 8th Circuit Court of Appeals in Rodriguez v. Mukasey has sent what I would charatcterize as a minor tremor through the legal community. In that decision the court held that "an alien who marks the 'citizen or national of the United States' box on a Form I-9 for the purpose of falsely representing himself as a citizen to secure employment with a private employer has falsely reprsented himself for a benefit or purpose under the Act."

As... Read More

Posted at 16:41 PM | PERMALINK

Topic: Immigration

Fiduciaries and Traits?

Wednesday, May 14, 2008 by John B. Whalen

~ ~ ~Your Fiduciaries should possess certain traits. For more from my Website: http://johnbwhalenjr.com/~ ~ ~... Read More

Posted at 03:44 AM | PERMALINK

Topic: Estate Planning

FERS & CSRS disability retirement: Additional issues concerning resignation

Tuesday, May 13, 2008 by Robert R. McGill

On the one hand, an Agency has a legitimate concern with respect to the work that is not being performed while a person is either out on sick leave, or on leave without pay as a result of a medical condition. On the other hand, Federal and Postal employees who have worked for a sufficient amount of time to be eligible for disability retirement benefits (18 months for FERS employees; 5 years for CSRS employees) have a legitimate expectation of bilateral... Read More

Posted at 16:55 PM | PERMALINK

Topic: Administrative Law