On June 21, 1893, at the World’s Columbian Exposition in Chicago, more than 2,000 people gathered for the opening of the world’s largest Ferris Wheel. After George Washington Gale Ferris, Jr., designer of the wheel, and other dignitaries gave speeches, and the fifty-piece Iowa State Band played patriotic tunes, the wheel was started for the first time, belying the background story.
Read MoreAcquiring commercial real estate is a lot like an orchestra in that purchasing real estate consists of purchasing many more assets than meets the eye. When you buy commercial real estate, you know you are getting the land and buildings. Yet, as with an orchestra, there are leases, contracts, personal property and intellectual property, which also may be part of a real estate acquisition.
Read MoreRecently, a Canadian Court awarded aspiring professional clarinetist Eric Abramovitz a six-figure judgment in an identity theft lawsuit he brought against his ex-girlfriend, after she accessed his e-mail and turned down a coveted scholarship on his behalf. While much of the recent news has been dominated by tales of sophisticated cyber attacks, this anecdote shows that low-tech approaches can be just as damaging. A good data protection plan will evaluate risks specific to the business and establish protocols designed to minimize data compromise and loss, including loss from human error and environmental factors.
Read MoreHuguette Clark died at the age of 104 in a hospital under a pseudonym, divorced, childless, and a recluse, belying her background. Three years after her death. While cleaning out a closet in one of Huguette’s New York City apartments, someone found a violin bearing the Stradivari label tucked away, untouched for more than 25 years. Reading about Huguette and the one-in-a-million real Strad, I recalled a recent experience in my own life. I received a telephone message no one wants–my bank manager was calling. She said it was important and I should call her as soon as possible.
Read MoreIt has been almost half of a century since I first picked up a violin. Yet, I recently started violin lessons again. I realized that I needed to adjust my basic technique–including how I hold the violin. Like small changes in violin technique can create noticeable changes in a performance, overlooked contract provisions can change the meaning of the contract or harm the contracting parties. This article is one of several discussing contract “boilerplate” provisions and why those provisions are important. In this article, we will explore severability clauses.
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One month after my son started Suzuki violin at the age of three, I was surprised when his teacher said that he would be performing in a recital. He had barely learned to hold the violin and hadn’t yet played any notes. Contracts also have recitals. Although contracts don’t perform music, their recitals are up front and center, toward the beginning of the contract.
Read MoreConcertgoers typically receive a program as they enter the concert hall. Frequently, orchestras include several concerts in a single printed program, so the programs are small booklets, rather than just a couple of sheets of folded paper. These booklets contain the music program, information about guest performers, an orchestra roster, music notes about the compositions being performed. After a quick glance at the evening’s program, it can be easy to ignore the rest of the booklet as unimportant or routine. Boilerplate in contracts is like those concert program booklets. Contracting parties may view them as repetitive and unimportant. This article is one of several discussing contract “boilerplate” provisions and why those provisions are important.
Read MoreAlthough I would like to say I donate to the arts for arts’ sake, when deciding how much to donate to the arts, I consider which level of donor benefits I might use. Some people donate to receive free tote bags or other promotional items. Others may like seeing their name printed in a program or posted on a donor wall. Likewise, it probably is the desire to obtain US permanent resident status, rather than an altruistic desire to create U.S. jobs, which motivates immigrant investors under the EB-5 visa program.
Read MoreMy cats have “contributed” to my articles by walking across my keyboard as I work. I was less thrilled with the cats when one left a dead mouse as a present on my stairs. A recent Kennedy Center audience might have appreciated my cats’ hunting skills. In addition to music from the National Symphony Orchestra, “entertainment” was provided by a mouse in the concert hall.
Read MoreThe conductor asked each first violinist to swap his/her violin with one of the second violinists’ instruments. The conductor then had the students play with the borrowed violins. This raises an interesting legal question: If one of a first violinist’s expensive instruments had been damaged, who would be responsible to pay for the repairs? A similar question currently is in front of courts where real estate owners have brought trespass suits against the developer of Pokémon Go.
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