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Teri Bernstein, MBA, CPA has been teaching full time in the Business Department of Santa Monica College since 1985.  Prior to that, she worked in Internal Audit and Special Financial Projects for the 1984 Los Angeles Olympics, CBS, Inc., and Coopers & Lybrand (which is now part of PricewaterhouseCoopers).  She attended the University of Michigan and Wayne State University.


  • Movie studio should have PAID their interns, judge rules

    Under U.S. Federal law, it is illegal to have people work for you in a business and not pay them for their work. But an "internship" lies in a gray area. The Department of Labor has guidelines to help employers determine if an internship position meets the criteria for an "unpaid internship," or whether minimum wage regulations apply. These guidelines state that an unpaid internship: should "not be to the immediate advantage of the employer," should be made up of activities that are similar to training in an educational institution, must be for the benefit of the intern, by providing valuable experience, and should not displace any regular employees. The film industry has a reputation for stretching the responsibilities of interns. Interns have sometimes viewed this "working for nothing" as a necessary evil to gain needed experience. But Fox Searchlight was recently sued by two men, Eric Glatt and Alexander Footman, who worked as production interns on the movie " Black Swan ." They claimed that they should have been paid for working full-time doing duties such as: taking lunch orders answering phones arranging travel plans for other employees taking out trash assembling office furniture tracking purchase orders Judge William H. Pauley, in Manhattan, agreed with them: "Undoubtedly Mr. Glatt and Mr. Footman received some benefits from their internships, such as résumé listings, job references and an understanding of how a production office works. But those benefits were incidental to working in the office like any other employees and were not the result of internships intentionally structured to benefit them...Searchlight received the benefits of their unpaid work, which otherwise would have required paid employees.” The judge also said that receiving academic credit was not a factor in determining whether interns should be paid, and that the Department of Labor guidelines must be followed. image from the another Twentieth Century Fox movie The Internship A spokesperson from Fox said that they would appeal the decision. Nevertheless, observers expect this ruling to have wide influence on the way that human resource departments view their internship programs. Sources: " Judge Rules That Movie Studio Should Have Been Paying Interns ," by Steven Greenhouse, New York Times, June 11, 2013. Cartoon by Aaron Bacall from www.bacallcartoons.com and cartoonstock.com Follow up: Have you ever had an internship? What were your duties? How many hours a week did you work? How did you benefit? Do you think, under the guidelines laid out in this article, that your position fell under the guidelines of "paid internship" or "unpaid internship"? Do you think the rules regarding internships should be adjusted in times of economic downturn? Why or why not? What are the possible positive and negative consequences of this ruling for entry-level employees? Check out " NYT: Room For Debate " for ideas.
  • Samsung wins this round over Apple in "Fight of the Century"

    image from www.tabtimes.com The International Trade Commission (ITC) banned the imports of older iPhones and iPads in a ruling on Tuesday, June 4, 2013. The reason? The older Apple products violated patents regarding data transmission that were held by Samsung. Ironically, in 2012, the situation was reversed. Samsung lost a $1 billion lawsuit to Apple: it was found to have copied the layout on iPhone and iPad screens. (That award has been reduced to $600 million in the interim time period.) The battle continue: Apple has another case pending with the ITC, scheduled for a decision in August. What an expensive way to negotiate the common ground in smartphone and tablet technology demanded by consumers! Paul M. Barrett at Bloomberg Businessweek says these are the "take-away" lessons from this conflict: There are unforeseen and dangerous consequences to starting a patent war in court. Steve Jobs was the initiator of this war, and he may have crippled the future for Apple. The upside risk is small--at best, a few competitors may be forbidden from using a technology...but that technology will be obsolete soon anyway. The downside risk, however, is big: market leaders, weakened by lawsuits, may lose market share to other competitors. The real issue is between Apple and Google, not Apple and Samsung. Apple has a proprietary (unshared) operating system, and Google gives away its operating system (GOOG) to any developers of Android products. Samsung is just one of the players...and is actually an Apple supplier. In many ways, they are on the same team. Some observers think that there is now so much at stake that the court fight will continue or escalate. But the companies may realize that they have too much to lose, and may come to a settlement that will enable them to get back to what they do best: creating new products. Sources: " Apple v. Samsung: Three Lessons from the Smartphone Patent Fight ," by Paul M. Barnett, Bloomberg Businessweek , June 5, 2013. " The U.S. Bans iPhone Imports: Big Deal or No? " by Joshua Brustein, Bloomberg Businessweek Technology, June 4, 2013. Follow up: If Apple has shifted its energy from innovation (exciting new products) to litigation (trying to protect market share by limiting other companies), what does this mean for Apple's customers and shareholders? If the "war" really is Android vs. iPhone, what would be the best resolution of this conflict for the consumer? What about for each of the two companies involved, Samsung and Apple?
  • China brings home the bacon

    image from CNN The Chinese people, experiencing some economic stability, have a big need for pork as a diet mainstay in economically decent times. The problem: demand exceeds domestic supply. The solution: Buy American . image from npr.org China has entered into a contract to purchase the U.S corporation, Smithfield Packing Company, Inc. , for $4.7 billion. Talk about bringing home the bacon! "This is a sign of a maturing agriculture industry in China," said Scott Rozelle, an expert on Chinese agriculture policy at Stanford University. "Chinese companies want more control over food. We're going to see a lot more deals like this." An article in the Wall Street Journal backs up this prediction: What will China be buying next???? Source: " Chinese Firm to Buy Pork Producer Smithfield Foods, " by Ken Bensinger and Tiffany Hsu, Los Angeles Times, May 29, 2013. Follow up: Do you like the idea of a Chinese firm owning a major American meat producer? Why or why not? Look at your reasoning...is it based on facts and evidence or fear of the unknown? Read subsequent follow up articles by doing internet research. What U.S. entities were also behind this acquisition? What does the idiom "bringing home the bacon" mean?
  • Apple, Inc.: tax hero or tax villain?

    comic image from mashable.com Apple, Inc. uses aggressive tax-avoidance schemes to reduce their tax liability by billions. This is at a cost to American citizens, who must pick up the tab by paying taxes on their own income, or by forgoing the government services that those billions would provide. Tim Cook, CEO of Apple, is the first to admit this is true...and did so at recent Congressional hearings. Does he agree with the laws that allow Apple to pay so little in taxes? He made it sound as though he did NOT agree with them. But Cook and other Apple managers have a fiduciary responsibility to Apple shareholders to take advantage of all legal loopholes to maximize Apple's bottom line. So under current law, Apple will continue to avoid billions in taxes. It is up to Congress to change the tax code to fix this situation. Here's what Apple did: Early on, it set up foreign subsidiaries in Ireland. Apple directs its foreign earnings (which make up 60% of its profits) through the Irish subsidiaries. The tax on those earnings? Zero. Forbes reports that the re are additional shell corporations, which own operations in China but are also housed in the tax haven of Ireland. Many of these entities have no "tax residence" and avoid taxes quite successfully. U.S. citizens could be losing 90 billion in revenues annually due to similar schemes. Should this situation be fixed? Even Tim Cook thinks so . Source: " Apple's Taxes Expose the Rotten U.S. Code ," Bloomberg editorial board, Bloomberg News , May 21, 2013. Follow up: What do you think: should loopholes exist as a reward for smartest-entity-in-the-room corporations (and their tax lawyers)? Why or why not? If the rules were suddenly changed, what might be the consequences for Apple shareholders? Is this fair? What should minimum tax rates be?
  • IRS focus on "tea party" non-profits: Not all bad for the American taxpayer

    The IRS is responsible for approving organizational designations on corporations that have different responsibilities and privileges. An entity can be incorporated with various intentions: as a profit-making, tax-paying corporation (C corporation, S corporation, LLC) as a non-profit, charitable corporation--501(c)(3)--organized to conduct educational or other non-taxable activities as a different kind of non-profit, 501 (c) corporation that is subject to additional scrutiny because its activities are not 100% non-taxable or not 100% charitable. One type of special-scrutiny non-profit corporation is a 501(c)(4) corporation, which is a "social welfare organization" that has sometimes been called a "charity-lite" corporation. The bad news for organizations with this designation is that the contributions made to it are not deductible for tax purposes. The good news for these organizations is that once they have received initial approval from the IRS, these types of organizations can spend freely on "social welfare" activities. This is sometimes a euphemism for lobbying. They can also support partisan political candidates without a limitation on contributions. In addition, this type of corporation can give benefits to individuals and groups that are not part of a charitable class. The recent scandal involving the IRS's scrutiny of "Tea Party" organizations stemmed from the Cincinnati office's decision to maximize their efficacy by investigating organizations whose names suggested "political" rather than primarily "social welfare" intent. Some of these organizations had mistakenly applied to be charities [under the (c)(3) designation], so the scrutiny was, at least in some cases, well-founded and saved taxpayer dollars. The Cincinnati office also tapped left wing organizations in their sweep, but the number of "Tea Party" applications far outnumbered those with other political leanings. This created the appearance of bias, and led to managers being fired or placed on leave. Nevertheless, the attention that the scandal has brought to the 501(c)(4) status highlights the need for further study. Sources: " Confusion and Staff Troubles Rife at IRS Office in Ohio ," by Nicholas Confessore, David Kocieniewski and Michael Luo, New York Times , May 15, 2013 " Don't Throw the IRS Under the Bus ," by Peter Reinhart, The Daily Beast , May 20, 2013. " Should 501 (c) (4)'s be eliminated? " by Rosemary Fei, John D. Colombo, et. al ., Room For Debate, New York Times , May 15, 2013. Follow up: Distinguish between a " C corporation," an "S corporation," an LLC (limited liability corporation), a 501(c).(3) corporation and a 501(c)(4) corporation. Do you think that the 501(c)(4) designation for a political non-profit should be eliminated? Why or why not? What specific changes could make the organizations more accountable to the public?
  • Major U.S. retailers refuse to sign Bangladesh safety agreement

    [View:http://community.cengage.com/GECResource/themes/gew/utility/ :550:0] MSNBC clip posted on YouTube May 17, 2013 " We are not even talking about wages here. We are just making sure that a building doesn't fall on top of you...and kill you...There is an obvious and irrefutable moral case for these companies to do that ." image from www.demotix.com In response to the outrage in the face of the recent Rana Plaza tragedy (notwithstanding many previous accidents due to a lack of safety controls), several retailers, led by Swedish-based H&M, have signed on to a five year contract to improve safety conditions in Bangladesh. According to the New York Times , "The plan requires companies to have rigorous independent inspections and to help pay for fire safety upgrades, like adding fire escapes, which many factories still lack." These are the retailers who HAVE signed the pledge (it looks as though these are mostly foreign-based): Benetton H&M Zara (Inditex) Tesco Marks & Spencer PVH (Phillips-Van Heusen, USA), owners of Calvin Klein and Tommy Hilfiger These are some of the retailers who have refused to sign the pledge as of May 19, 2013: GAP Target Walmart Macy's Sears JC Penney The North Face Kohl's Made In The Shade OshKosh Nordstrom's American Eagle Outfitters FootLocker Retailers refusing to sign the pledge have cited the risk of lawsuits. There are also concerns that participation may result in higher clothing prices for U.S. consumers. Sources: " GAP, Target Walmart: American Retailers snub Safety Agreement for Bangladesh ," reported by Chris Hayes, MSNBC , May 17, 2013. " As Firms Line Up on Factories, Walmart Plans Solo Effort ," by Stephen Greenhouse, The New York Times , May 14, 2013. " H&M, Zara, and other Brands Pledge to Help Bangladesh ," by Julie Ma, New York Magazine , May 13, 2013. " Bangladesh Factory Accord: At Least 14 Major North American Retailers Refuse to Sign, " Huffington Post , May 17, 2013 and May 20, 2013. Follow up: Is this a serious business dilemma, or a no-brainer, as the broadcaster seems to assert? What are the issues? How many people were killed in the Rana Plaza factory, according to the video story? What would be the public reaction if that tragedy happened in the USA? Would you pay more money for a pair of jeans if you knew they were produced in a safe factory? That is, would you be more likely, knowing about this agreement, to purchase clothes from H&M rather than the GAP? Why or why not?
  • The Van Halen contract: "No brown M&Ms"

    [View:http://community.cengage.com/GECResource/themes/gew/utility/ :550:0] from youtube , posted by rockfan7777 "M&M's (WARNING: ABSOLUTELY NO BROWN ONES)." This is part of a rider, page 40, to the 1982 concert contract of the rock band Van Halen . It is sometimes joked about by those making fun of the excesses demanded by rock stars demanding diva treatment. But, according to band singer David Lee Roth, there was a good reason for this clause. Van Halen was the first band to travel with a huge number of big lights. They would contract for facilities that could deal with their electricity and space requirements, but sometimes they would get to a venue and find that one thing after another that was clearly designated as needed in the contract was not available. Therefore, the M&M clause was inserted as a " bright line test ." David Lee Roth explained: “If I came backstage and I saw brown M&M’s on the catering table, it guaranteed the promoter had not read the contract rider, and we had to do a serious line check.” Sources: " Van Halen explains the U.S .government " by Ezra Klein, Bloomberg News , April 30, 2013. Follow up: What is a "bright line test" or "bright line rule"? Give some examples from other situations. Note the disparity in reactions possible between hearing the short version of the M&M clause story, and the longer explanation. What miscommunications can occur from limited information?
  • KPMG partner caught in insider trading "sting" by FBI

    Scott London, KPMG partner, at left, allegedly receiving a payoff from Bryan Shaw, in an FBI sting operation (photo, U.S. Attorney's office) Scott London threw away his personal integrity and a 30 year career at a Big Four accounting firm for about $50,000 in cash kickbacks and a Rolex watch. These were the "gifts" given to him by buddy Bryan Shaw, to whom London had given insider trading tips worth over $1.3 million over a three year period. London plans to plead guilty at his hearing on May 17th, 2013. London's position at KPMG gave him access to information that was not yet public. He passed on information to Shaw that enabled Shaw to execute stock transactions in advance of market-changing announcements. These resulted in major gains for Bryan Shaw. The transactions involving two companies in particular--Herbalife and Sketchers--drew the attention of regulators. Shaw was approached by the FBI to help in a sting operation that eventually caught London accepting a cash payoff. What were these guys thinking? One observer, Gene Murphy, a white-collar-crime defense attorney, remarked: " You got two knuckleheads who keep affirming each other's stupid ideas ." Scott London, especially, should have known better. He was the Southern California regional managing partner for Audits at KPMG. The only value that an auditing firm has is its integrity, and its ability to attest and affirm the integrity of its clients' financial reports. If a major auditing partner of one of the four biggest accounting firms in the world is cheating, what is an audit worth? These are questions that KPMG's clients, and those clients' investors, are probably asking themselves now. Source: " In KPMG insider trading case, crime and blunders alleged ," by Walter Hamilton, Andrea Chang, Tiffany Hsu, et. al., Los Angeles Times , April 13, 2013. Follow up: What were the immediate ramifications to KPMG when Scott London was charged by federal prosecutors? What action was taken by the New York Stock Exchange? Can a person cheat in his personal life, but be honest in his business life? Can a person be honest at home, but lying and cheating or stealing at work? What do you think? What are the risks of trying to live two different lives? What service do you think big auditing firms should be providing?
  • Sequestration: how it would work in your own home

    " Sequestration ." The dictionary definition looks pretty grim. Here's the Merriam-Webster version: Noun The action of taking legal possession of assets until a debt has been paid or other claims have been met. The action of taking forcible possession of something; confiscation. Synonym seizure John Schwartz takes a satiric attempt (I think) in this article, to illuminate the reality of Federal sequestration by making analogies to what it would mean in a personal budget to apply parallel techniques. One of the underlying premises is parallel to the "no new taxes" position of some in Congress, as well as standard financial-advisor wisdom: It is easier to cut spending than it is to increase income. Therefore, the spending cuts that Schwartz suggested implementing included: cancelling all house tours and golf outings (this was to parallel the White House edict, though no real cost savings could be expected, since there were no tours or golf outings before) informing Bank of America unilaterally that the family would be paying less on their mortgage (the B of A executive he talked to said that the unilateral action could lead to foreclosure, but there was a proper process that would preserve the family credit rating) telling his son to "get shorter" (these are "across-the-board" cuts) cutting down on cat food and kitty litter (hmm) making dishwasher repairs himself Schwartz didn't get much co-operation from his family members, and concluded that the lack of co-operation might be country-wide. Sources: " The Kitchen Table Sequester ," by John Schwartz, NYT Business Day , April 6, 2013. Follow up: What is a "satire"? Does this article fit that definition? Get a copy of The Onion for other examples of this writing style. How effective is it at communicating the message? What are the major pitfalls of this technique? What are the possible benefits of this communication technique? What other tools of persuasion are used in this article? What do you think about sequestration? Has this article changed your view of it, or made it more clear? Discuss your reaction. How could the article have been improved?
  • Tax surprises may result from changes in Federal marriage law

    image from mofradtaxsolutions.blogspot.com For several decades in the United States, marital status has had an impact on tax liability. Transfer of jointly owned property when one spouse dies does not produce a tax liability for a surviving spouse under U.S. estate tax law. For couples with widely differing incomes, "Married filing Jointly" on the annual tax return usually produces a lower overall tax rate than if both parties filed separately. These are instances where Federal tax laws benefit married people. However, because of the 1996 Defense of Marriage Act, DOMA, now being reviewed by the Supreme Court, same-sex couples who are legally married in states that allow it are NOT allowed to file as "married" with respect to Federal income tax. In many cases, this penalizes same sex married couples. (DOMA only recognized opposite sex marriages for the purpose of Federal filing status, or any benefit status--Social Security, Veteran's, Medicare, etc.) However, there is also the "marriage penalty" in U.S. tax law. The tax rate tables are set up so that married individuals--both working full time at approximately equal or high-bracket salaries--usually pay MORE in taxes as "married" people than they would if they were "Individuals" (unmarried). Married same-sex partners are currently forced to file Federal income tax returns as "individuals." If the Supreme Court were to overturn DOMA, same-sex married couples would also be subject to the "marriage penalty." This would actually make accounting for the businesses who employ them much easier. image from facesinequality.org Source: " High Court's Decision on Federal Marriage Law Has Tax Implications ," audio link and transcript, by Carrie Johnson, NPR, Morning Edition , March 26, 2013. Follow up: Have you taken a course on Personal Income Tax yet in your business education plan? If so, please list things you have learned about the U.S. tax code that seem unfair or baffling. Have you filed your tax return yet for 2012? If so, what was your marginal income tax rate? How much did you pay in federal income taxes? Look at your year-end pay stub--how much was taken out of your check for other taxes? If there is a state income tax where you live, how much did you pay in state taxes? Will the Supreme Court decision have any financial impact on your situation?
  • Faux "faux fur" causes hair to stand on end

    image from caninescorner.org: a Raccoon Dog What is a company to do if they can't get control of their supply chain? The demand for "faux fur"--high quality synthetic furry material--has been higher than supplies. Some companies have made a surprising substitute: the Real Thing. The retailer Nieman Marcus was recently caught advertising Burberry coats trimmed in "faux fur"...which turned out to be raccoon dog , an East Asian canine that looks like a raccoon. image from www.niemanmarcus.com The marketing problem is also a legal problem: some individuals have allergies to real fur, and others just prefer not to wear it for ethical or other reasons. A company can't advertise a product as "fake fur" and just substitute real fur. The Humane Society tested the suspected products , and reported their findings to the Federal Trade Commission (FTC). FTC officials reported that Nieman Marcus and the other retailers agreed to follow the law. Source: " A Faux Faux Fur Kerfuffle at Nieman Marcus ,"by David Weinberg, Marketplace, American Public Media , March 20, 2013. Follow up: Recently there was another case where substitutions had been made: horse meat had been substituted for beef. Research this substitution. Summarize who was involved in that case and what consequences occurred and were imposed. What are other alternatives manufacturers have (besides substitution) when they have problems getting supplies needed for production? What are the consequences of these alternatives? If you were the purchaser of a product in which there had been a substitution from what was advertised, what remedies would you expect would be fair?
  • Bank "tax" on money laundering in Cyprus has ripple effect

    image from www.guardian.uk.co The International Monetary Fund and Germany have been putting pressure on Cyprus to take a "tax" on all bank accounts as a condition of a monetary bailout. The justification? Almost one-third of all Cypriot deposits are from Russian entities--many of which are suspected of using the banks in Cyprus for "laundering" funds obtained criminally. Cyprus is trying to raise about $7.5 billion from this levy. The proposed tax has had an effect on the share prices for major world banks such as Barclays, Deutschebank, Citigroup and Morgan-Stanley. Demonstrations have taken place in Nicosia, Cyprus. Depositors in other countries struggling financially--Spain and Italy--are considering pulling their funds out of local banks and investing them in other countries. According to Global Financial Integrity, a US-based oversight organization specializing in money-laundering, significant transactions between Cyprus and Russia in 2011 point to an institutionalized money-laundering operation. Ties with Russian businesses form at least 40% of the Cypriot economy. The IMF, Germany and other members of the European Union want Cypress to break its Russian ties in order to sustainably and legally proceed--especially since European Union bondholders will bear the brunt of the losses if Cyprus does not "clean up its act." Meanwhile, to raise the capital demanded, innocent bank depositors would also be assessed. image from www.washingtonsblog.com Moving forward, rules will require that companies can only operate if accredited by the Cyprus Securities and Exchange Commission. The practices of never having to show up in Cyprus to run a business, and of depositing suitcases full of cash will have to stop. Source: " Cyprus Bailout Puts New Pressure on Europe's Banks ," by Mark Scott, New York Times DealBook , March 19, 2013. " Cyprus fights doubts over Russian Money ," by Kerin Hope, in Nicosia, with additional reporting by Agnieszka Rakoczy, Financial Times online, March 14, 2013. Follow up: How would you feel if your bank suddenly took a 10% "tax" on your deposits? What do you think would be the response of the American public? What is "money laundering"?
  • Horse meat production now sounds even worse

    Recently, a company in New Mexico filed an application to slaughter horses for meat. Slaughtering horses for meat has been banned in the USA since 2007, but the law expired in 2011. Valley Meat 's application to begin this practice again was newsworthy...as well as being a jumping off point for various jokes...as well as outrage. Reading the articles about the application reminded me of a sight from an Italian grocery store, in the baby food section . It seemed unusual enough to my American sensibilities to warrant a photo: photo by Teri Bernstein It shouldn't have surprised me to read today's update to the article. Valley Meat, who has been operating a cattle slaughtering business to this point, has had several health and production violations over the last few years. According to the Federal Meat Inspection Act , the property of any slaughterhouse or meat processing plant “ must be maintained to prevent conditions that could lead to insanitary conditions, adulteration of product, or interfere with inspection .” Unfortunately, there have been violations documented by the New Mexico environmental department that Valley Meat has not filed an application to be a "composter" and has not properly disposed of animal waste and the by-products of the cattle slaughtering operation. Dealing with waste is always a component of an adequate production process. Read the article if you are interested in the grim details. Source: " Horse Meat Applicant's Food Safety is Questioned " by Stephanie Strom, The New York Times , March 13, 2013. Follow up: Do you think that a company with health violations regarding meat production should be allowed to expand its operations? Why or why not? What is the role of the Federal and/or State governments in regulating food production, in particular meat production, in your opinion? What is the level of compliance standards that you would want for yourself and your family? How should compliance inspections be funded? What should be the standards for determining what animals can be slaughtered for meat? Who should determine these standards? How do these standard affect the rights of businesses to operate and make money? Should companies be required to deal with its waste products as a condition for being licensed for production? Or is this unnecessary regulation?
  • Unlock my phone, please!

    image from abcnews.go.com ---- OR ---- The Federal Communications Commission ( FCC ) testified in Congress this week in favor of legislation that would require phones to be "unlockable" and therefore portable from one carrier to another. These phones could also be used internationally. Unlocking phones would likely lead to more competition: better prices and features for consumers. The restriction against locking phones was put into place by the Copyright Office of the Library of Congress. Its purpose was to protect the "intellectual property" of the manufacturer: the software inside the phone. The penalties for violation of this rule could be pretty steep under the Digital Millenium Copyright Act : a $500,000 fine and 5 years in prison. Nevertheless, after the initial period of contract service obligations, there are arguments to be made for the freedom to move to another carrier. The contract period allows service providers "selling" an iPhone with a real retail price of $649 to be sold for $199 with a two year contract. During that two year period is when the service provider makes back its money, and then its profit. photo by Michael Nagle for the NYT: Julius Genachowski, Chairman of the FCC After that period, trade organizations--and now the FCC--feel that unlocking the phone is feasible and fair. Source: " FCC Backs Consumers In Unlocking of Cell Phones " by Edward Wyatt, New York Times , March 4, 2013. Follow up: What kind of phone do you have, and who is your carrier? What changes would you make if you had the freedom to move your phone itself to a different carrier? How have intellectual property protections under copyright law been violated recently with respect to other copyrighted works? Have you been "guilty" of any of these violations? What are the risks of the erosion of these protections?
  • Uniformity in marriage laws good for business

    banner image from thinkprogress.org Several businesses filed " amicus briefs " with the US Supreme Court recently, in the DOMA case. DOMA, the "Defense Of Marriage Act," is a federal law signed during the Clinton administration. It prevents the federal government from recognizing as marriage anything besides "a legal union involving one man and one woman." It is being challenged, and several businesses have signed a brief requesting that the Supreme Court overturn DOMA. The brief does not address the sociological or religious issues that often surround discussions of this issue--it's all about maintaining profits and keeping down costs of compliance with federal regulations. In states where gay marriage has been legalized, legally married couples who do not fall under the DOMA definition have to be treated differently with respect to federal and state laws regarding health care, retirement and taxes, for example. Businesses cite that this "impairs employer/employee relations and other business interests." Those "other business interests" include the costs of maintaining separate records and deduction systems to comply with state laws that differ from federal laws. The different treatment also exposes businesses to possible allegations of discrimination, as well as "unnecessary cost and administrative complexity." Some of the businesses that signed on to the brief appear in the graphic below. Source: " Federal Gay Marriage Ban Hurts the Bottom Line, Businesses Argue " by Erica Ryan, National Public Radio , February 28, 2013. Follow up: What is your reaction to the neutral, "strictly business" tone of this argument for standardizing marriage laws for adults on a national basis? Can you think of another debatable topic where approaching it from a "business perspective" might make it less divisive? *
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