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Writers of fan fiction from time to time get cease and desist letters from studio in-house lawyers demanding that they take down their work. While many of the original creators don’t pursue the makers of fan fiction, some do, since more often than not fan fictions are blatant copyright violations. Occasionally, fan fiction writers will produce parodies, but most fan fictions are derivative works that attempt to continue or build upon the original work....

To continue our National Small Business Week series on potential business structures for small businesses, let’s look at the corporation. Coming in varying shapes and sizes, corporations offer advantages and disadvantages that should be carefully considered before deciding to incorporate. Yesterday we discussed limited liability companies (LLCs). Today, the corporation. Though often considered the heavy-weight of business organizations, the corporation can come in many varieties, such as the “close” (aka “closely held”) corporations owned by few, or S corporations....

We all have been worrying about this for some time, but each time the end is near, we get one more chance. The Senate will review a proposal for a temporary extension (again) of the COBRA benefits subsidies, which was added to a new jobs bill this week. This version of the bill, from Senate Majority Leader Harry Reid, would also include, under certain conditions, coverage for employees who lost benefits due to a cut in their work hours and who were later laid-off....

Is your nonprofit formed with an exempt purpose? If it’s not, then the IRS might reject your tax exemption application and you might simply lose the benefits of being a tax exempt nonprofit. The IRS definition of “exempt purpose” is long and somewhat difficult to read. In a nutshell, your nonprofit needs to show that it is formed to further the purpose of philanthropy. But where does this all come in to play when filing your nonprofit 501(c)(3) application?...

Yet another suit challenging the constitutionality of don’t ask don’t tell has been brought before a court. Three decorated, discharged gay veterans filed suit in federal court in San Francisco seeking reinstatement because the law that was used to dismiss them from the military is unconstitutional. This case is meant as “a shot across the bow” to Congress to compel them make the decision on don’t ask before the courts do, reports The Los Angeles Times....

An African American Hooters waitress who was allegedly fired over her “unnatural” hair highlights has filed a complaint against the chain for unlawful discrimination. Farryn Johnson claims she was fired from a Hooters in Baltimore for adding blonde highlights to her dark hair, which the restaurant said violated its appearance policy for “Hooters girls.” Essentially, the complaint asserts that Hooters has different policies and standards for hair based on race....

Here now, a very short list of some of the dangerous controlled substances that keep the DEA working overtime: heroin, crack, powdered cocaine … cough syrup. That is correct, the very active ingredient in prescription cough syrup, codeine, has become a key part of the recreational and illegal cocktail known as “purple drank,” and drinking purple drank can get you arrested, as it recently did for former Raiders quarterback, JaMarcus Russell....

If you’re planning some international travel, making sure your passport is valid can save not only time and money, but also prevent the potential worst-case scenario of getting turned back at the airport or the border. If your passport is expired, you’ll need to renew it. Even if your passport is still good for a few more months, you’ll likely need to renew it. According to the U.S. Department of State website, some countries require that a passport be valid at least six months beyond the date of your trip, and some airlines will refuse to let you fly if this requirement isn’t satisfied....

How should we punish child sex offenders? Do they deserve to go to prison? Should they be placed on the sex offender registry? Or do their crimes warrant a different, more rehabilitative approach? Though this is not a pleasant question, the fact is that about one-quarter of all sex offenders are under the age of 18. They come from a wide variety of backgrounds, but are mostly male and between the ages of 12 and 14....

It’s a strange thing how Julie Bass’ garden has become national news. Facing a fine and 93 days in jail for planting a raised vegetable garden in front of her home, the Oak Park, Michigan woman took to the internet, causing citizens far and wide to bombard city hall with letters of support. Local prosecutors have reportedly dropped the garden charges, but are still going after her for failing to license her dogs....

As it does every year, January 1st marks the changing of the guard. New laws will become effective, and others will phase out. Sometimes you’ll notice, and other times you won’t. It usually depends on your state. But January 1, 2012 will bring high-profile changes at both the federal and state levels. Parts of the Affordable Health Care Act will come into force, and 100-watt incandescent light bulbs will cease to exist....

Mayor Michael Bloomberg has continued his anti-smoking campaign and has now targeted residential housing. The alleged NYC apartment smoking ban, which isn’t a ban at all, would require owners to be upfront with current and prospective tenants about the building’s smoking policy. If passed by the New York City Council, the legislation would require landlords to adopt a written smoking policy. It would need to address where smoking is and is not allowed, such as on balconies and in indoor and outdoor common areas....

Designer Todd Oldham’s lawsuit against retail giant Old Navy has been reinstated by the 2nd Circuit Court of Appeals. Previously, the Old Navy lawsuit had been tossed out by the district court. Oldham had originally demanded $75 million in royalties and damages. The lawsuit arose out of Old Navy’s failure to launch a Todd Oldham-branded line of clothing in 2008. He has now lowered his claim to $20 million. Oldham was fired about 2 days after he filed the original suit for the lost royalties, according to the court decision....

You want your employees to perform their best, and you want to provide a safe working environment. For many small business employers, that means keeping your workplace drug-free. While attitudes (and state laws) are changing regarding certain drug use, and some large companies have taken a liberal approach to employee drug habits and histories, the drug-free office, factory, or restaurant has become the norm. While federal and state laws allow for drug testing at work (and some require it), there are legal and illegal ways to go about implementing employee drug testing policies....

Your business may sell tangible goods – cars or cupcakes, say – or it may sell services. But whatever business you are in, you will likely also have some intellectual property, meaning ideas, concepts, methods, phrases, or images which you seek to protect. Intellectual property law governs the grant of patents, trademarks, copyright, and more. Let’s consider the top five IP issues for small business. 2. Trademark or Copyright? You May Need Both A copyright protects a work of art, like a song or other piece of writing....

Immigrating to the United States, as a family member or as an entire family at once, can be more complicated than immigrating alone. While some laws favor family members like children and spouses, the process can be more detailed and the paperwork more lengthy. And with a new administration in charge, things could get even trickier. Here are seven important immigration laws that families should know. You may have a large family that you love, but who qualifies as “family” under U....

When you meet with a personal injury attorney for a consultation, you don’t want to show up empty-handed. You want to give your potential lawyer all the information you can so she can make an accurate evaluation of your injury case. That won’t exactly work if you leave crucial documents at home or at the hospital. So make sure you bring these seven types of documents to your personal injury consultation:...

The Delaware Department of Transportation recently sent a newsletter to its employees illustrating ways one should avoid communicatiing with coworkers. The detailed illustrations of what not to say did not go over well with many department employees. To contrast the example set by the Delaware DoT’s newsletter, here are some things small businesses can do to make workplaces more inclusive. As reported by Delaware Online, Delaware DoT’s “Diversity Spotlight” newsletter was intended to promote diversity awareness....

Movin on up. And movin on in. There is one more trend brought on by bad times and many, many foreclosures. It is called “mansion squatting” and it is the new, upscale version of the squat, until now done in derelict buildings or depressed neighborhoods. As evidenced by the arrest of Randy and Evi Quaid this week for their illegal live-in situation in a house they used to own, mansion squatters are a growing problem....

Guns are dangerous. Customers are unpredictable. Logically, it follows that customers with guns are unpredictable and dangerous. Because of this common sense logic, many business owners simply don’t want customers or employees or anyone bringing guns into their businesses. First and foremost, for business owners that want to prohibit guns in the workplace or in their business, using common sense when enforcing the policy is a must. People with guns can kill, and exercising discretion when it comes to telling an armed individual to leave your store is the most important thing you can do....