law

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andrew,
@andrew@esq.social avatar

On this day in history Abraham delivered the .

He wasn't the main speaker that day, Edward Everett was. He spoke for 2 hours about the significance of the battle. Lincoln's address was only 10 sentences and he delivered it so quickly there are no photographs of him speaking.

Interestingly, the speech itself speaks to the insignificance of anything he could say that day. And yet the speech is unquestionably more well-known than the battle.

@law

1/2

josh,

@amoshiashwili @andrew @APBBlue @law Gotta read all the way to the end before it'll click. ;)

amoshiashwili,

@josh @andrew @APBBlue @law okey dokey

andrew,
@andrew@esq.social avatar

Increasingly I'm finding to be the best of the "normy" social media platforms. is where I have conversations, LinkedIn is where I follow industry trends and try not to become nauseated with the hustle culture nonsense.

I don't see how or really fit in to my mental conceptions of what I want out of social media. But LinkedIn, eh, it serves a purpose.

If any or @law folks are similarly straddling both worlds, look me up.

https://www.linkedin.com/in/aleahey/

JonChevreau,
@JonChevreau@mstdn.ca avatar

@andrew @law Yes, I certainly find Linked In more meaningful than Threads these days but still LI tends not to be top of mind — don’t know why that is

mcv,

LinkedIn for me is just about job hunting, or more specifically, being found. I've got my CV on there and recruiters contact me. And I never even have to check LinkedIn. This works fine for me.

gulovsen,
@gulovsen@mastodon.social avatar

Who said corporate law can't be fun? 🤓

FML...

#law #LawFedi @law #CorporateLaw

Kayla,
@Kayla@geekstodon.com avatar

@ianbradbury @gulovsen @paninid @law in my experience this also occurs at very large institutions where the workforce is tech literate. Typically when the IT is so restrictive as to interfere with work. People stop asking permission.

freeagent,
@freeagent@mastodon.sdf.org avatar

@jsjoshua @gulovsen @nikhileshde @paninid @law Also, when your corporation gets large enough, various business units/departments/whatever want to do things that require ”IT” but they either don’t know how to properly interface with corporate IT or can’t be bothered (which is frequently totally justified due to unresponsiveness, etc.), so they just fund “IT” stuff themselves.

Source: I was a long-time consultant at numerous F500.

andrew,
@andrew@esq.social avatar

In this week's column I call for a streamlined process for low income households to obtain energy tax credits. TLDR: Don't require them to install solar on their roof or build a solar farm in their community, let them invest in community projects that are situated where they'll generate the most electricity.

Ultimately, engage with the communities you seek to aid and ask them what they need and how to facilitate it.

@law

https://news.bloomberglaw.com/tax-insights-and-commentary/energy-credits-for-low-income-taxpayers-should-be-easy-to-get

baba_lilith,
@baba_lilith@mas.to avatar

@andrew @halfcocked @dbc3 @law I am now so low income I don’t have to file federal income tax anymore. The tax credit plans are absolutely delusional.

andrew,
@andrew@esq.social avatar

@baba_lilith @halfcocked @dbc3 @law

This speaks to the need for 1) refundable credits and 2) a streamlined filing regime. Right now, if filing meant you could receive a refund for your energy bills for the year, I understand that wouldn't necessarily be a winning proposition--filing taxes is a minefield.

That said, I'm advocating for using the tax regime to facilitate these payments/relief efforts because it has the lowest barrier to (political) entry). Direct payments would be preferable.

andrew,
@andrew@esq.social avatar

Pretty simple and straightforward proposition in this week's column: The federal student lunch program that existed during the COVID emergency worked. Bring it back.

"It’s a national problem, and the solution must come at the national level. While programs such as the one in Massachusetts are short-term wins, the risk of politicizing the issue outweighs the benefits.”

@law

https://news.bloombergtax.com/tax-insights-and-commentary/states-that-tax-rich-to-pay-for-school-lunches-make-risky-move

artisanrox,
@artisanrox@mastodon.ie avatar

@andrew @law

All that's true, however, maybe the taking point of "wealth redistribution" could be countered by the fact that these people became wealthy due to wealth redistribution in the first place...it's blatantly ignored that people awarding themselves a wage 400x that of a regular worker takes meals off workers AND THEIR KIDS.

Redistribution also was instituted in other states and the top% never ran to Texas to avoid it.

Again, they're tiring. Let'em cry.

migriverat,
@migriverat@zeroes.ca avatar

@andrew @artisanrox @law

andrew,
@andrew@esq.social avatar

“When intertwined with public funding through state and federal tax incentives, the practice of movie and television write-downs represents a troubling exploitation of taxpayer funds. Coupled with rapidly expanding state tax incentives, it represents a multibillion-dollar Rube Goldberg machine that culminates in a nickel being pulled from your pocket, strapped to an Acme rocket, and fired directly into the bank accounts of movie studios.”

@law

https://news.bloombergtax.com/tax-insights-and-commentary/movie-tax-write-downs-help-studios-profit-at-publics-expense

andrew,
@andrew@esq.social avatar

@opendna @law

The chain breaks here because studios typically owe very little in state taxes -- so much so that they don't even use the credits they receive from (for instance GA) to offset their own taxes. They sell them to folks that have enough of a bill to make use of them in full.

More info in one of the links I included in the column, but didn't have room to more fully expound upon: https://www.artsatl.org/guest-essay-five-reasons-why-georgia-should-yell-cut-on-film-tax-credit/

opendna,
@opendna@mastodon.sdf.org avatar

@andrew @law A non-transparent secondary market for confidentially-issued transferable tax credits??

HAHA oh wowwww Thank you. I'm going to enjoy that concept for a long time.

andrew,
@andrew@esq.social avatar

Playing around with a new little robot lawyer person for esq.social. Who wins? Original little critter first.

@law

image/png
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kcdixon,
@kcdixon@esq.social avatar

@andrew @law For what it's worth, I'd put 4 higher if the gavel head were properly attached 😅

negative12dollarbill,
@negative12dollarbill@techhub.social avatar

@andrew @law
Number 2, but with a smile like number 4.

andrew,
@andrew@esq.social avatar

In this week's column, I make the case for subsidizing clean electric energy to grow the hydrogen economy.

“The future of the planet rests on our ability to shift away from fossil fuels and toward clean and renewable energy sources. But it’s nearly as clear that tax policy’s role isn’t to choose winners and losers from among the renewable energy technology options.”

@law

https://news.bloombergtax.com/tax-insights-and-commentary/funding-clean-electricity-will-help-grow-the-hydrogen-economy

andrew,
@andrew@esq.social avatar

@CarlG @law

In light of the political realities, I also am slowly adopting a sort of "spend before we raise it" mentality with must-haves like clean energy.

We live in a society where if something "needs" (politically) to be paid for, it is. The money is found or printed.

So if raising the revenue is politically untenable on the supply side, i.e. taxes on fossil fuels, let's make it necessary on the demand side, i.e. outlays to clean energy initiatives.

CarlG,
@CarlG@esq.social avatar

@andrew @law That's not unreasonable, given that Americans, and our politicians, would much prefer to enact cool policies w/o actually paying for them. Better to run up deficits and let our kids worry about the bill.

I wonder if taxes could be made revenue neutral - impose a gas tax which, say, brings in $5bn in revenue. Then distribute that revenue per capita back to the public, so someone who actually does cut back makes money, and someone who doesn't at least breaks even.

andrew,
@andrew@esq.social avatar

I had occasion to talk about this in class the other day, and its one of those stories I frequently forget the details of.

The extent to which the landscape re-congealed to nearly pre-1982 breakup levels by the early 2000s is a pretty compelling argument for the need for ongoing enforcement.

@law

https://www.minimumcomp.com/p/mon-1120-wisconsin-electoral-drama

Eddiethebulldog,
andrew,
@andrew@esq.social avatar

@Eddiethebulldog @law

Awesome, thank you!!

andrew,
@andrew@esq.social avatar

Does any #lawfedi folk know, or have a contact that would know, about rules/restrictions regarding using a "granny cam" in a nursing or rehab facility? Reckon its state-specific, this would be New Jersey for what its worth.

Thanks!

#lawfedi @law

kcdixon,
@kcdixon@esq.social avatar

@andrew @law It generally comes down to a question of resident rights, particularly HIPAA privacy when it comes to cares. If it's a shared room, they're generally prohibited without the consent of both residents. Facilities tend to have policies against them for that reason unless the state requires them to be allowed.

LeGrand,
@LeGrand@esq.social avatar

@andrew @law I contacted NJ's long term care ombudsman about an issue oncr and they seemed helpful? https://www.nj.gov/ooie/

crecente,
@crecente@games.ngo avatar

🤯 Law firm Morgan & Morgan convinces USPTO to revive '#LAW' trademark bid

"[Morgan & Morgan] said that the relevant public perceives #LAW as 'both a mnemonic / vanity telephone number ... and as the source of legal services and legal referral services provided by Morgan & Morgan.'"

🌐 https://www.reuters.com/legal/litigation/law-firm-morgan-morgan-convinces-uspto-revive-law-trademark-bid-2023-09-11/

#Law @law

CassandraZeroCovid,
@CassandraZeroCovid@mastodon.social avatar

@LoneLocust @crecente @law @rcpierce

Big personal injury firm. Advertise late at night on TV.

crecente,
@crecente@games.ngo avatar

@rcpierce @LoneLocust @law

I can't imagine this will be successful. Here are a few articles (from 2016/17 unfortunately) that explore some issues around hashtag marks:

▪️https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2016-17/november-december/full-court-press-hashtag-trademarks/

▪️https://www.wipo.int/wipo_magazine/en/2017/05/article_0009.html

▪️https://jipel.law.nyu.edu/trademarks-are-hashtags-protected-by-trademark-law/

⭐ This last article includes a quote from Chris Messina, the originator of hashtags for social media:
"... trademarks don’t belong on hashtags. Hashtags are a kind of conversational commons, and should be owned by no one but the crowd.”

(TM)⁉️

gulovsen,
@gulovsen@mastodon.social avatar

Question for fellow who practice in the areas of marketing and advertising in the U.S.:

Have there been any enforcement actions arising out of the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising that do not involve fraud, e.g., for simply failing to state that a social media post by an influencer was sponsored?

I know they send out warning letters but I have not found anything that resulted in any sort of penalty. TIA

@law

gulovsen,
@gulovsen@mastodon.social avatar

@jsjoshua @law Nice find! Thanks!

jsjoshua,
@jsjoshua@esq.social avatar
andrew,
@andrew@esq.social avatar

Preaching to the choir, I guess, but all the people (Andrew Sullivan, etc.) that are raising a hue and cry about the focus on diversity in the Ivy League seem to be ignoring the fact that white males remain the dominant demographic.

Harvard: https://datausa.io/profile/university/harvard-university

Penn: https://datausa.io/profile/university/university-of-pennsylvania

It reminds me of the Obama-coming-for-your-guns nonsense always spewed by someone wearing a gun.

1/x

@law

artemesia,
@artemesia@techhub.social avatar

@andrew @law

Given that Harvard undergrad is something like 33% legacy admissions, the white male % legacy admission % will be something higher than that.

aintist,
@aintist@mstdn.social avatar

@artemesia @andrew @law

Getting rid of legacy and faculty’s kids admission might be the only good thing to come from the Supreme Court’s decision.

That’s not required by the case, but at least some schools are removing the official processes for legacy admissions.

andrew,
@andrew@esq.social avatar

Hi! Are you a or other professional? Cool, but also, condolences.

We here at https://esq.social want to help. We're a purpose-built instance to provide a home base on the for all you looney tunes.

Join us, won't you? We're nice and we've been around for a year -- which is like a decade in fediverse time.

We also have a -like platform called with about 30 folks popping in and out. I’ll put that link in the next toot.

@law

AustinB,
@AustinB@esq.social avatar

@andrew @law I’m going to have to figure this out when I’m not on my phone

amoshiashwili,

@andrew @law do you have an easy link to how to move my account from .Social?

andrew,
@andrew@esq.social avatar

Fri 11/3 - SBF Guilty, Eastman Culpable, NASCAR Biased Against White Men (??), Eric Trump to Face More Tough Questions and Giuliani Wants His License Back

We have guilty (no way!), found preliminarily culpable before bar, accused of bias against white men, Eric to face more tough questions and wants his DC bar license back.

@law

https://www.minimumcomp.com/p/fri-113-sbf-guilty-eastman-culpable

GregSergienko,
@GregSergienko@mastodon.social avatar

@andrew @law One would have thought by 1884 relying on Taney's Dred Scott decision would be a red flag. But apparently not for those who wrote and joined the majority opinion.

andrew,
@andrew@esq.social avatar
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