Business Owners Don’t Need New Year Resolutions, They Need a Plan

Once upon a time, thousands of years ago, ancient peoples began the practice of making annual promises to the gods, or perhaps their king or queen about loyalty to the throne.  That practice has endured to this day.  

We have all made them: more exercise, weight loss, a focus on spirituality perhaps.  From experience, we probably all know that by the summer, if not by the spring, that those resolutions fall by the wayside.  In fact, almost 80% of such resolutions fail by February. 

QUESTION: What does this teach us as business owners and entrepreneurs?

Read more

The Gig Economy Just Got Much Tougher in New Jersey

New Jersey just made life very difficult for all employers in every industry, specifically small businesses. In New Jersey, business owners can now be criminally charged and fined up to $5,000.00 per day for misclassifying workers as independent contractors.

Running a small business can be very difficult. One of the issues that employers of all sizes struggle with is whether to classify workers as statutory employees or independent contractors. Statutory employees are paid on a W-2 basis, whereby the employer withholds federal and state payroll taxes. W2 employees have certain rights and remedies available to them under state and federal law. For example, the Pennsylvania Wage Payment and Collection Law is one of those laws.

Independent contractors, on the other hand, negotiate their work relationships with employers and have those relationships governed by contract. Those contracts can provide the worker with rights and remedies. That is one of the points under attack by this overreach in New Jersey- the freedom of contract.

Read more

LIVE Webinar for Nonprofit Board Members, December 4th

The effectiveness of any nonprofit organization- especially in the arts world - starts with a strong and well trained board of directors. This is often the weak point of smaller organizations, but it doesn't have to be that way.

In this one hour session, we'll explore the role of the board of directors in a nonprofit organization, best practices for governance of the organization, liability issues for those who serve on nonprofit boards, and basic insurance related issues.

Read more

Podcast Episode: Taylor Swift, the Power of the Audience and Licensing Agreements

Recording artist Taylor Swift is waging a very public campaign against the company that owns many of her master recordings. Her audience seemingly is following suit. Social media is providing people a way to broadcast threats. We live in divided times.

A private equity firm ends up with control of Ms. Swift’s master recordings.

Analysis of the real root of this story is in this episode: the negotiation of the original licensing or production contracts and how those contracts can control the future conduct of the parties. Listen to the episode for more detail.

Likeness Rights and Digital Resurrection

People in the entertainment business (and everyone else) have been reading the news that the late actor James Dean was cast in an upcoming film project. Dean, who died in 1955, will be digitally resurrected through CGI technology. Dean - well, not exactly James Dean, but the likeness of James Dean - will “act” in an upcoming film that I’m not even going to name because of my personal aversion to this.

Many people, not just film industry people, are expressing their displeasure with this. I am one of them. We have seen this before, with Disney’s use of the likenesses of the late Peter Cushing and Carrie Fisher in the film Rogue One. I wrote about that extensively here.

From a legal standpoint, there are two important questions: 1) How did this happen? and 2) How can people control their likenesses after death?

Read more