Tax reform estate planning opportunities, fair use and copyright laws, and more in this issue of Business News Digest

4 min

Venable attorneys produce periodic alerts and newsletters covering a variety of topics and practice areas. For your convenience, we have assembled below a collection of the latest alerts and newsletters.

Tax Documents

Tax Reform Estate Planning Opportunities and Pitfalls

On December 22, 2017, President Trump and Congress enacted comprehensive federal tax reform through H.R. 1 (the Act). The Act provides the most comprehensive change to the Internal Revenue Code since 1986 and includes several provisions that could have significant impact on existing estate plans and future estate planning. Clients should consult with their tax advisors to consider the new estate planning opportunities and pitfalls created by the Act.

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Fund Forum | March 2018

This issue of Venable's Fund Forum includes the following items:

  • Stop the Press! The Fifth Circuit Vacates the DOL Fiduciary Rule
  • SEC Director Highlights Key Topics for the Division of Investment Management
  • Wake-Up Call to Private Equity
  • Cryptocurrency Addresses on OFAC Sanctions List
  • IRS Announces End to OVDP; Taxpayers with Undisclosed Foreign Accounts and Assets Should Contact Their Tax Advisors Now

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Copyright

Can I Use that Photo? No. Yes. Maybe?

Businesses often have a need to make use of photographs as decorative art, for illustration, in connection with programs, events, or seminars, or for other purposes. For photographs not created by the respective business, the question arises whether photos from other sources can be used without first obtaining a license. The general answer is no. United States copyright law provides certain rights to the owner of the work of authorship that include the exclusive rights to reproduce, publicly distribute, and publicly display directly or through others. Before using a copyrightable work, it's therefore important to evaluate its respective copyright rights. This should happen regardless of where the work was found or how the work will be used.

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Declinations Beyond the FCPA: What Corporate Counsel Needs to Know about the Latest DOJ Announcement

Senior Department of Justice (DOJ) officials announced in March that the declination of prosecution principles embodied in the FCPA Corporate Enforcement Policy may be applied to other white collar corporate criminal matters as well. The announcement, made by the acting head of the DOJ's Criminal Division, John P. Cronan, and chief of the Securities and Financial Fraud Unit, Benjamin Singer, is the latest development in a trend – DOJ expects businesses to act as allies in the fight against criminal activity. Corporate counsel should be cautious before chasing this carrot, however – unlike the FCPA Corporate Enforcement Policy, which is controlling upon the DOJ and U.S. Attorneys nationwide, this latest expansion is not a new policy but a "new practice," serving only as nonbinding guidance for prosecutors of the DOJ Securities and Financial Fraud Unit in Washington, DC.

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Woman prepares colleagues for her maternity leave

Telework, Pregnancy, and the Employment Law Bermuda Triangle

As technology improves, more and more employees and job applicants want to telework from home or another location. Organizations have many legitimate business reasons to grant or deny such a request. But an employer's obligations are harder to sort out when the employee requesting telework is pregnant.

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UPCOMING EVENTS

April 19, 2018: "Representing Minority Members in Negotiating and Drafting LLC Operating Agreements" at the 2018 Advanced Business Law Institute

May 2, 2018: "Why Inclusive Marketing and Corporate Social Responsibility are Good for Business" at CARU West Coast 2018

ADDITIONAL ARTICLES

CFPB issues new RFIs, FFIEC releases new HMDA guide, and more in the March 2, 2018 issue of Consumer Financial Services Practice Digest

CFPB calls on states to lead consumer finance enforcement, a recap of the California Finance Lender license, and more in the March 30, 2018 issue of Consumer Financial Services Practice Digest

CPSC's Annual Agenda and Priorities Hearing Is an Important Opportunity for Stakeholders

Gold King Mine Update – Court Rules That Government Contractor May Be Liable Under CERCLA

HSA Changes and Disability Deadline: Are You Prepared?

IRS Announces End to OVDP; Taxpayers with Undisclosed Foreign Accounts and Assets Should Contact Their Tax Advisors Now

NY Government Agencies May Be on Hook for Attorneys' Fees if Court Finds They Unreasonably Withheld Documents Pursuant to FOIL Request

"Off-label" Cases Aren't Going Away – DOJ Sheds Light on Direction of Enforcement of Misbranding Rules Governing Medical Products

Recent D.D.C. Decision Suggests Potential for Increased Prime Contractor Exposure for Wage and Hour Violations under Certain Federal and State Laws

Tariffs, Investment Restrictions, and Other Measures to Be Imposed on China in Response to USTR's Section 301 Findings on China's "Unfair and Harmful" Technology Transfers and Intellectual Property Practices

Wake-Up Call to Private Equity: Government Names PE Firm as Defendant in a False Claims Act Action