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  • Should You Consider a “Crowdfunding” Offering?

    On October 30, 2015, the Securities and Exchange Commission (SEC) voted to adopt “Regulation Crowdfunding,” or “Regulation CF”. On May 16, 2016, the final Regulation CF went active.  Regulation CF is meant to make it easier for privately held companies to raise investment capital. Unlike other crowdfunding platforms like Kickstarter™, GoFundMe™ and IndieGoGo™ that raise funds from the public for personal causes and cool ideas where the donors have no expectation of a return...

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  • LANDLORDS, PROTECT YOUR PROPERTY!

    Let’s say you’re a landlord.  Your tenant’s contractor builds improvements.  The contractor is not paid, and records a mechanics lien.  Does the lien impact your fee interest in the property?  It can.  In California, a mechanics lien may attach to a fee interest even where the landlord does not contract for the improvements.  (Civil Code § 8442.)  This presents risk where a tenant wants to build.  However, there are ways for a landlord ...

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  • IS ALL “FAIR” IN FASHION AND APPROPRIATION?

    On July 12, 2016, New Mexico Federal Judge Bruce D. Black granted another partial win to Urban Outfitters in the infamous, Navajo Nation v. Urban Outfitters, by denying the Nation’s motion to dismiss Urban Outfitters’ trademark fair use defense. As a result, Urban Outfitters will be able to assert the affirmative defense of descriptive fair use against the Nation’s trademark infringement claim at trial. Descriptive fair use allows the use of another’s mark if used to describe a user...

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  • “Forage”- Ahead: Tribes Permitted to Gather Plants from National Parks

    Effective August 11, 2016, the U.S. Department of Interior authorized the National Park Service to enter into government-to-government agreements with federally recognized Tribes to allow tribal members to gather and remove plants or plant parts from national parks and monuments for tribal or cultural uses. In the agreements, Tribes must explain their traditional connections to a particular park or monument, and show that such connections predate the park’s establishment. Tribes must fu...

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  • A Method to Expand Renewable Energy Capabilities on Indian Reservations

    California has committed to expanding the use of renewable energy in the state, with a goal of generating 33 percent of the state’s electrical energy from renewable sources by 2020. But, it may be missing an opportunity for expansion of the use of solar energy in Indian Country. Most tribes receive their electricity from the major providers in California–SDG&E, Southern California Edison and Pacific Gas & Electric–and the cost of electricity and bringing utility services to ...

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  • “Accidental Americans” – Rush to Renounce U.S. Citizenship to Avoid the Ugly U.S. Tax Web

    View Author Bio > Article PDF   Introduction The author has been advising so-called “expatriates” since there was the first major change in the tax law in the last 20 years. That was in 1996. Fast-forward to the present, and the law is very different from the changes in 1996, or the changes from 2004 for that matter. The current law is based upon significant changes in 2008. A summary of the changes in the tax law for ...

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