New Year’s Resolution – Record Retention Policy
I spent some time over the holidays cleaning out my parent’s personal record files. I found tax returns and investment reports dating back to the 1990’s. I found legal documents related to sales of real estate from 1984. And I found lots of miscellaneous warranties, instruction booklets, quarterly account reports, and bank statements from several […]
Trademark Nominative Fair Use in an Emoji World
This article explores the history of trademark nominative fair use and the recent case filed by In-N-Out Burgers against Door Dash. It looks at whether there is potential for a shift in traditional thinking about what is allowable under fair use in light of changes in our culture and how we use apps and visual […]
Partner Robert J. Kiggins to Speak Thursday in London on U.S. Global Taxation
Robert J Kiggins, the head of the Culhane Meadows Tax Practice Group will be speaking in the United Kingdom on Thursday, November 19 , 2015 on “U.S. Inward and Outbound Tax Policy”. The presentation will given at the Landmark Hotel in Marylebone, London at an event on “Issues Affecting the Development of SME’s” sponsored by […]
BEPS -Double Irish/ Dutch Sandwich Hybrid Entity Mismatches – Part I of II
On Monday, October 6, 2015 the OECD (of which the US is a member) delivered its long awaited final BEPS (Base Erosion Profit Shifting) Action Plans. BEPS, which actually has 15 action points, is designed to set up a fair system of global taxation taking into account the global tax issues that have arisen from […]
Bob Dremluk Publishes Update on Cram Down Interest Rates
Bob Dremluk has published a follow up article in The Bankruptcy Strategist and the Equipment Leasing Newsletter in connection with the cram down interest rate decision in the Momentive Chapter 11 cases. Briefly, United States District Judge Vincent L. Bricetti affirmed the confirmation order issued by United States Bankruptcy Judge Robert D. Drain in the MPM […]
Indemnification in a Multi-Supplier Environment
End user customers of a software vendor typically request that the solution vendor contractually agree to a defense and indemnification obligation for claims brought by a third party alleging infringement of that third party’s intellectual property rights relating to software provided by the solution vendor. Because such a defense and indemnification obligation may be subject to a […]
Dremluk, Jacoby and Meadows named as 2015 NYC Super Lawyers
NEW YORK, Sept. 24, 2015 — Culhane Meadows PLLC is pleased to announce that three of the firm’s partners – Robert W. Dremluk, David Jacoby and James E. Meadows – have been named to the prestigious 2015 list of Super Lawyers in the New York Metro area by Super Lawyers Magazine. All three of the […]
Representations and Warranties: How Should I Know?
Anyone who deals with contracts, whether as a lawyer or a client, is familiar with representations and warranties. Nearly all commercial agreements have them in some form or another. Often each party will “rep and warrant” to the other that it was properly organized and is currently in good standing in its state of formation, […]
Treasury Drafts Proposals for US Model Income Tax Treaty
On July 14, 2015 Robert Kiggins moderated a panel discussion in New York City sponsored by The International Business Structuring Association based in London, England on the Treasury Draft Proposals for the next US Model Income Tax Treaty which were released May 20, 2015. The US Model was last updated in 2006 so this is […]
Bob Dremluk Discusses Cram Down Interest Rates
The July 31, 2015 issue of The Bankruptcy Strategist contains an article written by Bob Dremluk about a recent case law development in the Momentive bankruptcy cases with respect determining the cram down interest rate for a secured loan in a Chapter 11 case. On appeal from an order confirming the debtors’ Chapter 11 plan the […]
Picking a Powerful Trademark is Good for Business
Whether you’re naming your corporation or adding a new product, you have to go through the often-painful birthing process of finding a name that will work. One that hasn’t been taken. One that isn’t too close to another one. One that isn’t so descriptive that you can’t stop others from using something similar. One that […]
Combatting Online Unauthorized Resellers of Your Company’s Genuine Products
Unauthorized online resellers have become a real problem for US manufacturers. They seem to be able to sell your products for less than you do. This is because they have no overhead or advertising expenses. Some have access to grey market goods—your products sold for less in