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Key Considerations in Creating an LLC Operating Agreement

Key Considerations in Creating an LLC Operating Agreement

January 25, 2022 at 9:12 AM - LLC,

You’ve decided to form a limited liability company (LLC) for your new business venture - congratulations. Now you must make a few key decisions about the LLC, such as choosing the state of formation and filing to register your entity. As we discussed in an earlier post, another basic step in the formation process is drafting an operating agreement (also known as an LLC agreement) which will include important provisions relating to the management and ownership of the business.

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Biden Administration Rescinds Travel Ban for Southern African Countries

Biden Administration Rescinds Travel Ban for Southern African Countries

January 6, 2022 at 4:47 PM - Immigration,

Biden Administration rescinds travel ban for Southern African countries. COVID testing/proof of recent recovery still required for all U.S.-bound air travelers, regardless of citizenship.

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Top 10 New Year Resolutions for In-House Counsel

Top 10 New Year Resolutions for In-House Counsel

January 4, 2022 at 11:07 AM - In-House Lawyers,

Resolutions for the new year are typically serious and focused on important areas of our lives, such a health, exercise, career development, and being better organized

Although these are all noble initiatives, laughing more often also can improve the start of the new year. As ee cummings said: “ The most wasted of all days is one without laughter.”

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I Want My NFT

I Want My NFT

December 29, 2021 at 1:00 PM - non-fungible tokens,

Those of a certain age remember the rallying cry when MTV launched. The cable channel would go on to change the music business. Only time will tell whether NFT will change the art world; but it is worth examining at least one misconception that some people may have about NFTs.

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Employees in D.C. Gain COVID-19 Leave Protections

Employees in D.C. Gain COVID-19 Leave Protections

December 20, 2021 at 2:10 PM - paid medical leave,

A recent District of Columbia (D.C.) law offers employees of private employers in D.C. paid time off for COVID-19 vaccination-related leave, and provides unpaid COVID-19-related leave to eligible employees of employers with 20 or more employees in D.C. The COVID Vaccination Leave Emergency Amendment Act of 2021 (the Act) amends two existing leave laws: the Accrued Sick and Safe Leave Act of 2008 (ASSLA) and the D.C. Family and Medical Leave Act (DCFMLA). Although the Act is currently in effect only until February 18, 2021, the D.C. Council will likely extend it.

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Why Affiliates Should Not be Grouped in as “Parties” to a Contract

Why Affiliates Should Not be Grouped in as “Parties” to a Contract

December 13, 2021 at 11:48 AM - commercial contracts,

Most commercial contracts include defined terms to improve readability and reduce ambiguity. In some cases, however, those definitions do not receive the same scrutiny as other clauses and their application throughout the rest of the agreement can be overlooked. For example, when a party to a contract is defined “together with its affiliates,” the language may seem innocuous, but this linking of entities significantly impacts the nature of the contract and can result in a host of unanticipated risks and liabilities not only for the contracting entities but for those unnamed entities who may be inadvertently bound to a contract to which they are not even aware they are a party.

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Injunction Issued against Biden's Vaccination Mandate for Federal Contractors

Injunction Issued against Biden's Vaccination Mandate for Federal Contractors

December 8, 2021 at 4:58 PM - Employment Law,

On December 7, 2021, Judge R. Stan Baker, a federal judge for U.S. District Court for the Southern District of Georgia, issued a nationwide injunction to block the enforcement of a vaccine mandate for federal contractors and subcontractors issued in response to President Biden’s Executive Order (EO) 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors.”

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Common Misconceptions about the “Work for Hire” Doctrine

Common Misconceptions about the “Work for Hire” Doctrine

December 8, 2021 at 2:48 PM - copyrights,

In the copyright world, the general rule is that the creator of a work owns the copyright in that work. However, this general rule does not apply to all copyrightable works, including so-called “works for hire.” The copyright “work for hire” doctrine provides that the employer automatically owns the copyright in a work for hire created by its employee within the scope of the employee’s employment, absent a written agreement to the contrary. However, there are many misconceptions regarding “works for hire” under U.S. copyright law. First and foremost, the “work for hire” doctrine applies only to a very narrow category of works, as defined in Section 101 of the U.S. Copyright Act (Title 17 of the U.S. Code). Moreover, it only applies to copyrightable works, and does not extend to works protected by trade secrets, patents, or trademarks.

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This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances nor an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.