Article(s) published by this organization: 130
![]() | "Do It Yourself" May Work Around the House, but Not for Trademark Applications Wendy Robertson; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 Today, every business is pinching pennies. In an effort to cut back on expenses, you may be tempted to use a "do it yourself" legal documentation service to incorporate your business, register a trademark or prepare a lease. Proceed with extreme caution if you decide to engage one of the... |
![]() | West Coast Warning: California Targets Nonresident Franchisors Vincent Joseph Schilleci; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 It appears that California has joined New York in targeting nonresident franchisors. The California Franchise Tax Board (FTB) has taken the position that nonresident franchisors not qualified to conduct business in California are subject to California withholding. The FTB website states when a... |
![]() | Is it Time to Revisit Your State Income Tax Planning? Scott D. Smith; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 Taxpayers should periodically revisit their state income tax planning in light of changes in business direction, economics, corporate transactions and, of course, tax developments. The grim state fiscal outlook portends an increasingly aggressive focus by state legislators and tax administrators on... |
![]() | Spotlight on Alabama: Legislative Update on Investment Incentives in Alabama Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 13, 2009 In its 2009 Legislative Session, the State of Alabama adopted three significant business incentive and tax acts: an expansion and modification of the Alabama Capital Credit; a package of incentives for the filmmaking industry; and a modification of the Alabama tax treatment of nonresident partners... |
![]() | Launch of LEED for Retail is Good News for Food Service Industry Trevor Jones; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 Restaurant buildings have historically been unable to meet the stringent requirements of previous LEED (Leadership in Energy and Environmental Design) rating systems, but will likely gain ground quickly on other project types under the new LEED for Retail rating system, which is tailored towards... |
![]() | Congress Considers National Menu Nutrition Disclosure Standard for Chain Restaurants Judith K. Meritz, John H. Kinney; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 Before Congress adjourned on August 7, key committees in the House of Representatives and the Senate inserted into controversial health care reform legislation identical language that would establish national menu labeling standards for chain restaurants (defined as restaurants with 20 or more... |
![]() | Social Media Reality Demands Management Attention Wendy Robertson; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 Virtually everyone has a camera phone these days, making it easy for bored or disgruntled employees to film what they perceive to be humorous pranks and disseminate the video for the world to see in a matter of a few minutes or even seconds. Unfortunately, what one person considers a harmless prank... |
![]() | FTC Issues Final Health Breach Notification Rule on the Heels of HHS's HIPAA Breach Notification Rule Danielle Trostorff; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 14, 2009, previously published on October 12, 2009 On August 25, 2009, the Federal Trade Commission (FTC) issued its final health breach notification rule. It was effective September 24, 2009; however, the FTC will refrain from enforcement action for breaches discovered before February 22, 2010. The rule requires vendors of personal health records... |
![]() | How to Lose a Title VII Statute of Limitations Defense Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 9, 2009, previously published on September 22, 2009 In Humphries v. Pulaski County Special Sch. Dist., decided by the Eighth Circuit Court of Appeals on September 3, 2009, a white public school administrator was repeatedly denied promotion to assistant principal, allegedly because of the school district's affirmative action program and policies that... |
![]() | Mandatory Settlement Reporting Registration Deadline September 30 Buckner P. Wellford, Alisa Chestler, Jonell B. Williamson, Thomas Bartrum, James Andrew "Andy" Lemons, Danielle Trostorff; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; October 7, 2009, previously published on September 24, 2009 By now, most health care entities have received basic information concerning the September 30 registration deadline and reporting requirements imposed by the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA). The amendments, codified at 42 U.S.C. ยง 1395 y(b)(8), require liability insurers... |



