Mixing Law & Art

This is a recent presentation that I did with Marino Legal Academy. I am honored to present with such a prestigious CLE provider. Enjoy. --- Support this podcast: https://anchor.fm/mike36/support

A number of events can give rise to taxable income even though you haven't received any cash. In this podcast, we'll discuss constructive receipt and what it means to have a legal right to a payment; tax consequences for a plaintiff in a personal injury action or employment-related matter; cancellation of debt income; and phantom income from pass-through entities and how partners have an obligation to report it even if the partners don't receive a payout. --- Support this podcast: https://anchor.fm/mike36/support

You've come up with a creative mobile app idea and you want to protect your idea with a patent. This is smart. Patenting a mobile app is a critical part of protecting your intellectual property and allowing you to seek damages in the event it is infringed upon. Here's what you should know. First, applying for a patent is not easy. It's a detailed and cumbersome process. In this masterclass, I hope to demystify this process by teaching you some key things about the patenting process so you don't have to rack your brain trying to figure it out for yourself. In this podcast, I'll cover the following topics: 1. Why Should You Patent a Mobile App? 2. The United State Patent and Trademark Office (USPTO) Rule; 3. The Requirements for a Patent; 4. How Much Does a Patent Cost? 5. Factors to Consider when Deciding Whether to Apply for a Patent; 6. Other ways to Protect your App Besides Patenting It; 7. Four Step-Process for Patenting Your App i. Step One: Do a patent search. ii. Step --- Support this pod

This podcast deals with the importance of taking action against a third party who misappropriates your trademark and contains a valuable lesson. Enjoy. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this Masterclass. --- Support this podcast: https://anchor.fm/mike36/support

This is an update on IRS Collection issues as they affect taxpayers in the following areas: financial standards in Collection Information Statements (CIS), the updated offer in compromise booklet, and the impact of the new law on the time to file wrongful levy claims. --- Support this podcast: https://anchor.fm/mike36/support

As both a lawyer specializing in entertainment law and an actor, this topic fascinates me. Because it's so broad, I'm splitting it up into two episodes. In Part I, I cover the basics. In Part II, I will delve into the most common issues that arise when it come to buying or selling a screenplay. See my blogpost on this topic here, http://www.deblislaw.com/lets-make-a-deal-buying-or-selling-a-screenplay/. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy the podcast. --- Support this podcast: https://anchor.fm/mike36/support

I realize this is a topic entrepreneurs would rather not talk about. But with a recent statistic showing that approximately one in every three new businesses fail within the first two years, it can no longer be ignored. As harsh as this might sound, businesses don’t fail by themselves. Instead, businesses usually fail on account of the owner. The sad part about it is that in most cases, the business owner is oblivious to the fact that the ship is sinking until it is too late. However, with the availability of professional counsel and advice, inexperience no longer has to be "the Mean One (i.e. the Grinch)." It need not be an obstacle to success. Surrounding yourself with the "key players" will help you build a strong and healthy business for years to come. In this podcast, I discuss the twelve reasons why new businesses fail. I've assembled this list not because I want to discourage you or take the wind out of your sails but instead, so that you won't repeat these mistakes. I want --- Support this pod

I realize this is a topic entrepreneurs would rather not talk about. But with a recent statistic showing that approximately one in every three new businesses fail within the first two years, it can no longer be ignored. As harsh as this might sound, businesses don’t fail by themselves. Instead, businesses usually fail on account of the owner. The sad part about it is that in most cases, the business owner is oblivious to the fact that the ship is sinking until it is too late. However, with the availability of professional counsel and advice, inexperience no longer has to be "the Mean One (i.e. the Grinch)." It need not be an obstacle to success. Surrounding yourself with the "key players" will help you build a strong and healthy business for years to come. In this podcast, I discuss the twelve reasons why new businesses fail. I've assembled this list not because I want to discourage you or take the wind out of your sails but instead, so that you won't repeat these mistakes. I want --- Support this pod

A new U.S. District court case has zeroed in on the definition of “willful” for purposes of applying the more serious penalties for failure to file tan FBAR. In U.S. v. Garrity, 2018 U.S. Dist. LEXIS 56888 (D. Conn. 2018), the United States District Court of Connecticut dealt taxpayers with undisclosed foreign accounts a hard blow. In advancing to the next stage of trial, the court said that the IRS could prove the elements of its FBAR penalty claim by a mere preponderance of the evidence. What's more, the IRS can carry its burden to prove willfulness by showing reckless conduct by the taxpayer, as opposed to the more stringent "intentional violation" standard required in the criminal context. In this podcast, I discuss the Garrity case and what it means for taxpayers with unreported foreign accounts. I also provide some background about the FBAR requirement and get into a robust discussion about the term, "willfulness" and willful blindness. Finally, I provide examples of situation --- Support this pod

One of the key decisions you will have to make at the early stages of starting your new company is whether to operate your business as a sole proprietor or structure it as a limited partnership, limited liability company or corporation. In this podcast, I discuss the different legal entities, costs of formation and maintenance, tax consequences of each, and selecting the state in which your proposed entity will be formed. --- Support this podcast: https://anchor.fm/mike36/support

As a general rule, corporations and LLCs are separate and distinct from their shareholders and members. This means that the owners are typically not liable personally for the debts and obligations (including judgments and settlements) of the company. However, sometimes courts see fit to pierce the corporate veil, bypassing the company and finding one or more of the owners personally liable. In this podcast, I discuss best practices that company owners should implement in order to decrease the chances that the corporate veil will be pierced. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support

Enjoy this episode. --- Support this podcast: https://anchor.fm/mike36/support