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Author: Ernest Goodman

Law Offices of Ernest Goodman > Articles posted by Ernest Goodman (Page 6)

How a Project-Specific LLC Can Help in Independent Film Production in California

The state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....

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Creating an Intellectual Property (IP) Portfolio: Lessons from Mayo and Myriad cases

The Mayo and Myriad rulings emphasize that just isolating a natural substance or applying a law of nature to a process is not enough to secure patent protection. These decisions have significantly affected how companies approach the creation of an IP portfolio, particularly in the life sciences and biotechnology sectors. With this context in mind, building an effective IP strategy today requires careful consideration of patent eligibility and an understanding of the legal landscape shaped by these key rulings....

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Visa Mantis Checks: Visa Revoked or Denied

Today we will discuss the Visa Mantis Check and the Technology Alert List (TAL). Sometimes, students on F-1 visas or workers on H-1B visas leave the U.S. temporarily, only to face unexpected delays, visa revocation, or even denial of re-entry. This can be a distressing situation for individuals who have adhered to their visa guidelines, only to be flagged under what is known as the Visa Mantis Check. There are cases when students or H-1B visa workers have their visas revoked....

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Parole in Place for Undocumented Immigrant Spouses of US Citizens

On June 18, President Joe Biden announced a new program that will allow certain spouses of United States citizens to apply for “parole-in-place” from the Department of Homeland Security (DHS). This program, which is not yet open for applications, will enable up to 550,000 people to receive temporary protections and work permits in the United States. Additionally, it will allow them to apply for lawful permanent resident (LPR) status (also known as a green card) through their spouses without risking years of separation from their families....

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Understanding the New York SHIELD Act

Today, we will discuss the New York SHIELD Act. While the United States does not have a uniform cybersecurity law, several states, including New York, have enacted cybersecurity laws, with the New York SHIELD Act being one of them In an age where data breaches and cyber threats pose significant risks to personal and corporate information, legislation aimed at bolstering data security measures is paramount. One such crucial piece of legislation is the New York SHIELD Act. Let's delve into what the SHIELD Act entails and how it aims to enhance data protection for residents of New York. In today's digital landscape,...

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The FTC’s Role in Data Security

Today, we will discuss the role of the FTC in the cybersecurity landscape. The United States does not have a uniform cybersecurity law, but the FTC uses the term 'data security' instead of 'cybersecurity'. In today's digital landscape, where the integrity and privacy of personal information are paramount concerns, the Federal Trade Commission (FTC) stands as a beacon of authority and advocacy. Since its inception, the FTC has played a pioneering role in defining and promoting data security practices, shaping the foundation for safeguarding sensitive information in the modern era....

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How New AB-5 Law Affects the Entertainment Industry in California

The state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....

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Two Paths to Obtaining an EB-5 Investor Visa

Today, we're going to discuss two pathways to obtaining an EB-5 visa in the U.S. The first way is tailored for investors residing outside the United States, allowing them to invest in American enterprises and gain a path to U.S. residency. The second way caters to investors who are already living in the U.S., providing them with the opportunity to adjust their status to permanent residency through investment....

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Concurrent filing of I-526 and I-485 is available for EB-5 applicants living in the U.S.

EB-5 investors commonly utilize concurrent filing as a means to transition from nonimmigrant status to conditional permanent resident status, while simultaneously applying for a renewable work/travel permit. Additionally, holders of other valid nonimmigrant visas, such as F-1 or H-1B, often choose this method as a pathway to apply for the EB-5 program, thereby seeking an enhancement in their immigration status....

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Common Law Trademarks

Imagine this scenario: You start a film production company in California and use a distinctive name for your business over several years. By consistently operating under this specific name, you naturally acquire common law trademark rights. These rights play a crucial role in protecting your business's identity. They essentially prevent other film production companies in the same geographical area from using an identical or confusingly similar name. This form of protection is grounded in unfair competition laws, which are designed to avoid confusion among consumers and safeguard the reputation and brand recognition you've established for your film production company....

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