Orchestra Performances and Basic Honesty Analysis in Rule 10b-5 Cases

Individual orchestra musicians aren’t considered responsible for a musical composition or interpretation, even if the musicians, themselves believe them to be lacking. That responsibility lies with the composer or conductor who created it. The same may not be true with securities. People who relay inaccurate information they did not author now may be held responsible for securities fraud.

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Water Music and Water Rights

Handel’s Water Music is one of the most famous pieces of classical music, but many people do not know that the music was composed for performance on a barge on the Thames. Boats and barges blocked the river when the Water Music first was performed, likely interfering with the rights of adjacent property owners.

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Unintended Consequences of Business Policies

Sometimes, policies also can backfire and create unintended consequences. For instance, in 2014, the Maryland legislature outlawed the sale of high-proof alcohol, only to find out that it had an impact on the violin repair business.

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Business Dissolution–Severing Ties Without Fighting to the Death

Business relationships sometimes need “divorces.” This may occur for several reasons. There can be misconduct by a partner or a falling out among partners. Other times, an owner may want to retire, or the business model may no longer make sense.

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Smart Use of Smart Tech in Commercial Real Estate: Wiretapping Laws

“Smart” technologies are being implemented into real estate operations. Cameras which previously were monitored by closed circuit TV now may be streamed into web storage. These cameras can recognize faces and may unlock doors for known individuals. But some cameras also place property owners at risk of wiretapping violations.

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Unfinished Music and “Unfinished” Contracts 

Wolfgang Amadeus Mozart and Franz Schubert both died in Vienna while still in their thirties. Each left an unfinished work which has become a staple in the classical music repertoire. Likewise, contracting parties may leave contracts incomplete or "unfinished."

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Replacing Bow Hair and Contract Provisions

String players may rehair their bows several times a year, because the type, quality, length, and condition of the bow hair impact the sound a violin produces. Sometimes contracts must be amended to replace the original contract language.

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Swapping Violin Bridges and Contract Parties

Despite the bridge’s conspicuous position on the top of the violin and its importance to the sound produced, non-violinists aren’t likely to give it a second glance. The same is true of successors and assigns clauses in contracts. The language isn’t hidden; yet, contracting parties may not even read them before signing the contract.

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The Art of Legal Drafting

The study of law in the U.S. is treated more as a science than as an art. Law school requires that students learn hundreds of legal concepts, much as a musician would learn mechanically how to play an instrument. A good amount of the study of law involves memorization of rules – court rules, equitable maxims, statutes, and regulations.

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