On July 24, 2019, United States Citizenship and Immigration Services (USCIS) published the long-awaited final version of the EB-5 Immigrant Investor Program Modernization Regulation in the Federal Register. The regulation was proposed by the Department of Homeland Security (DHS) back in January 2017 in an effort to amend its regulations governing the EB-5 immigrant investor classification, and was reviewed by The Office of Management and Budget (OMB) last month.
Music law is intentionally confusing, However, at its core, music can be broken down into two basic copyrights and the enforcement of the rights that go along with them. A copyright provides its’ creator with exclusive rights to a particular work for a limited amount of time. The two primary copyrights in music are, the sound recording (SR) copyright and the performing art (PA) copyright. For music to be copyrightable, it must be original and fixed in a tangible form, such as a sound recording recorded in .wav format or sheet music printed on paper.
After years of planning, months of searching, and weeks of negotiation you have it – a signed LOI for your new commercial space. You got the rent rate you wanted, the right number of years, and the Landlord even agreed to throw some cash into the deal to help you with the construction.
Anyone who has applied for a U.S. visa before at the U.S. Consulate already knows how stringent the requirements are. Now, it gets tougher. Starting from this month, the U.S. Department of State requires visa applicants to disclose five years of social media and contact history when applying for a U.S. visa.
“Shouldn’t we trademark our brand name?” This very common question is something we get asked all the time. Our answer is almost always yes. However, the timing of when this question is asked is extremely important.
On 05/17/2019, USCIS announced that it has completed initial data entry of all FY 2020 H-1B cap cases selected in the lotteries, including those selected under the U.S. advanced degree exceptions. Troglia Kaplan’s first FY 2020 H-1B cap receipt notice was received on 04/29/2019 with a Notice Date of 04/20/2019. Receipting could continue for several more days now that data entry is finished. USCIS will soon begin to return unselected cases and fee checks to employers, but has not identified a time frame for returns.
Until just a few years ago, visitors and residents of Chicago looking to enjoy happy hour specials at their favorite bar or restaurant would have been disappointed. Prior to July 2015, Illinois establishments serving alcohol were not allowed to offer drinks at reduced prices for a portion of the day. The statewide ban, which was enacted in 1989, was the result of a push to reduce the amount of drunken driving in the state.
A large portion of our practice at Troglia Kaplan is within the music industry. We work with clients in every segment of the industry from musicians to managers to labels to distributors and more. Because of our diverse client base and years of experience, we are able to recognize certain trends, hot topics, common misconceptions and red flags while working within the music world. Each month we are going to look to highlight one of these areas that, to us, has a deep impact on an artist's career as a musician.
U.S. Immigration and Citizenship Services (USCIS) recently issued a policy memorandum, effective immediately, providing clarification on how it will calculate qualifying employment abroad when adjudicating a foreign national’s eligibility for an L-1 nonimmigrant visa petition.
On December 1st, 2018, Chicago began offering a new business license aptly called a “Pop-Up License”. A Pop-Up License allows restauranteurs and entrepreneurs to test their concepts without the burden, and risk, of signing a long-term lease or acquiring a license. The license is broken down into two categories; Pop-Up Users and Pop-Up Hosts. The Pop-Up Users are those who wish to test their business ideas in different locations around the city while the Pop-Up Hosts are those who are allowed to host Pop-Up Users.
Troglia Kaplan is pleased to announce the addition of our Immigration Practice. We have taken this initiative because we strive to serve as a business’ general counsel offering comprehensive guidance and expertise to our clients. U.S companies are now competing with foreign companies around the world more than ever. In a global economy, it is crucial that key personnel be able to cross borders expeditiously, with certainty and frequency.
Illinois is finally with the times – we are “going green”. No, I’m not talking about the upcoming approval of recreational marijuana – although that will help with the budget issues. No, today we are talking about another initiative taken up by other states, successfully, that has boosted state economies – P.A.C.E. Standing for Property Assessed Clean Energy
Eddie Sanders and Josh Kaplan are constantly fighting against the two most obnoxious, overused and antiquated words in the music industry: Industry Standard. For decades now music executives have relied on the industry standard as a way to mask or disguise a less than fair set of terms in a contract with an artist.
Sometimes speaking out works. @SoundCloud listened and modified its new artist contract. Thanks to some solid journalism (take that #fakenews), and the power of artists and their representatives (like yours truly), SoundCloud revised its new artist monetization agreement. The program introduced by SoundCloud four years ago allowed select artists to earn a share of ad revenue and subscription fees by monetizing the use of their music.
Previously we reported on the Music Modernization Act, a bill proposed to ensure digital music services pay fair royalties to the copyright holders, and where it stands during its process to be become an enacted bill. We are happy to announce that MMA has been signed and now is law! The MMA is a dense, comprehensive 170-page bill and we plan to break down various sections of the law. This article will focus on what are the next steps in implementing this new legislation and how songwriters should best prepare themselves for the upcoming changes.
President Trump has signed a bill (H.R.6157) to fund the federal government through December 7, 2018, preventing a federal shutdown after September 30. Immigration programs previously set to expire on September 30 will be reauthorized through December 7, including the EB-5 Regional Center program.
Illinois recently passed two significant changes to its liquor laws – HB 4897, allowing taprooms (retail outlets of a brewery) to serve beer and cider from outside producers, and SB 246, a modification of the prohibition on retail liquor sales within 100 feet of certain establishments such as a church, school, or hospital.
Previously we reported on the Music Modernization Act, a bill proposed to ensure digital music services pay fair royalties to the copyright holders, and where it stands during its process to be become an enacted bill. As we are aware from the timeless SchoolHouse Rock classic “I’m Just A Bill”, in order to enact a bill it takes time and votes from different levels of Congress.
As attorneys for many new ventures, our determination for the type of entity is usually brief. Between the additional bookkeeping, statutory requirements, and double taxation inherent with C-corps, most new ventures are best suited as limited liability companies.