Federal Involvement in Gay Marriage Rights

Published on 6/27/2014
Categories: Federal Law, Human Resources, Same Sex Marriage, Uncategorized

7K0A0426Recently the Obama administration, along with the Department of Labor, have proposed expanding the definition of spouse to allow legally married same-sex couples the same rights as heterosexual couples under the Family Medical Leave Act (FMLA) and Family Military Leave Act. This means that if same-sex couples were married in a state that has legalized gay marriage, then these couples would experience the benefits of the FMLA no matter which state they live in, even if gay marriage in that state is illegal. This in effect would impose federal law over something which has always been a state regulated matter.

In addition, this week U.S. District Judge Richard Young, for the 7th Federal Judicial District, ruled that the State of Indiana’s ban on gay marriage was unconstitutional. This issue is expected to be presented to the U.S. Supreme court because several similar Federal rulings are on hold pending appeal.

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What Happens Now that the Redskins Trademark Has Been Revoked?

Published on 6/23/2014
Categories: Trademark

On June 18, 2014, the Trademark Trial and Appeal Board of the USPTO cancelled the Washington Redskins’ registrations for the “Redskins” trademarks on the grounds that the term “redskins” is disparaging of Native Americans.  Hear Ken McLaughlin being interviewed on the John Kass and Lauren Cohn show on June 19, 2014 on WLS 890AM!   What do you think?

John Kass and Lauren Cohn Radio Interview 6 19 14

For more information on Trademark and Copyright law, please contact Ken McLaughlin, Jr.

Starting a Business as a Non-Citizen, Part lll (Work Visas for USA)

Published on 6/12/2014
Categories: Business, Federal Law, United States, Work Visas

World w moneyThis is the third installment of a series discussing the options for non-citizen business investors to obtain Work Visas in the USA. The following are a list of the least desirable visa options a non-citizen may apply for in order to work for the company that he or she built:

Temporary Visas (Less than one year duration)

B-1:The B-1 visa temporarily allows non-citizens to participate, and get paid, for activities of a “commercial or professional nature.” While the United States Citizenship and Immigration Service (“USCIS”) does not limit the definition of “commercial or professional nature,” managing a business would be an accepted activity under B-1 so long as the applicant can show that the purpose of the trip is legitimate, the stay is for a limited period of time, there are adequate funds to cover the trip, and the applicant has a residence outside the United States that they do not intend to abandon. However, with a B-1 visa and extension good for only one year in the United States, this visa is a temporary solution that would not be ideal for a potential business owner or investor looking to build a business. Read more…

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