Cabaret Cards, Music Royalties, and Sales Quotas – How to Prevent Unintended Consequences

Cabaret cards, music royalty structures, sales quotas, and an American Federation of Musicians strike all started with good intentions but brought with them unintended consequences that transformed their industries that weren’t always positive. However, with proper planning and foresight, policy makers can foresee and prevent unintended consequences.

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How a DST Can Enable 1031 Investors To Invest in Real Estate with a Fund

Section 1031 exchange proceeds must be invested in direct property ownership, not in a real estate fund structured as a partnership. Delaware Statutory Trusts can be structured to allow Section 1031 investors to invest in the same property as a real estate fund, but to qualify for Section 1031 exchange, DSTS must comply with signfiicant operational restrictions and remove the flexibility that generally exists with a real estate fund.

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Why Section 1031 Proceeds Can't Be Invested in a Real Estate Fund and How a TIC Can Be Used Instead

Section 1031 exchange proceeds must be invested in direct property ownership, not in a real estate fund structured as a partnership. Although a TIC structure is a possible alternative, due to a combination of tax law and mortgage lender requirements, TICs are an alternative only under limited circumstances require careful structuring to comply with both tax and securities laws.

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The EEOC’s Renewed Focus on Stopping Religious Discrimination

The recent $21 Million settlement with Columbia University is one of many cases showing the EEOC's renewed focus on antisemitism and religious discrimination generally. The Columbia University settlement, as well as cases involving Sabbath observance, modesty, and COVID-19 vaccine manadates serve as a cautionary tale to employers that hostility toward an employee's religion can't be justified as a political issue. Rather, the employer must prevent hostile work environments and accommodate the employees' religious beliefs when it is possible to do so without undue hardship.

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Why it Matters Under Copyright Law Whether a Collaboration is a Joint or Composite Work

During a collaboration, authors may get caught up in the creative process and not consider the legal implications of their work. However, it’s important to decide up front whether they intend to create a joint work or composite work and work with an attorney to document their intention.

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