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What are the different types of association meetings? How do you know what type of meeting to have? Community associations have board meetings and member meetings; knowing the difference and scheduling the right meeting is critical.

Board Meetings for Community Associations

At board meetings, the board of trustees conducts its business. The board may have working sessions, executive sessions, and open sessions. At an open board meeting, the board may vote to approve contracts, adopt rules and regulations, or make other binding decisions for the association. All binding decisions of the board must be made at an open board meeting, however, for confidential matters the decisions must be approved without disclosing confidences.

Continue Reading What Are the Different Types of Community Association Meetings?

Both marijuana and hemp belong to the genus plant cannabis sativa and are slightly different “breeds” of the same “species.” While both marijuana and hemp plants contain more than 100 cannabinoids (distinct chemicals found in the cannabis plant), the discerning difference between the two is that marijuana typically has abundant levels of the psychoactive compound delta-9 THC (delta-9-tetrahydrocannabinol), whereas hemp contains high amounts of CBD (cannabidiol). Prior to 2019, both marijuana and hemp were lumped together as “marihuana/marijuana” and classified as a federally prohibited Schedule 1 drug under the Controlled Substances Act (“CSA”).

Continue Reading The Cannabis Paradox: Clarifying the Confusing Legality of Delta-8, THC-O, THCV, and Synthetically Derived THC

Community associations by and large rely on the efforts of volunteer board members to ensure their success. These individuals play a critical role in shaping the direction and priorities of the organization, and in ensuring that it remains accountable and responsive to its members. But what does it mean to be a volunteer board member for a community association, and what are some of the key responsibilities and challenges that come with this role?

Continue Reading To Volunteer or Not: The Role of Community Association Board Members

Assessments are the lifeblood of any condominium or homeowners association. To run properly, community associations must maintain strong financials. Associations must ensure that unit owners pay their assessments on time and in full and that any delinquencies that arise are handled by a community association collection lawyer who can employ the most effective strategies for getting optimal results. These are the top 5 reasons community associations need an attorney that specializes in collections for condominium and homeowner associations:

Continue Reading 5 Reasons Community Associations Need an Attorney That Specializes in Collections

In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”) depicting luxury brand Hermès International’s renowned Birkin bags covered in faux fur in a range of contemporary color and graphic representations. Rothschild sold the NFTs for $450 each and received re-sale commissions in the tens of thousands of dollars. Describing the project as an “experiment” in artistic expression and conceptual art, Rothschild likened the MetaBirkins to Andy Warhol’s famous Campbell’s soup can pop art. Proclaiming the MetaBirkins are artistic commentary on a status symbol of the rich, i.e. exclusive Birkin bags, Rothschild sought cover under the First Amendment to protect him from Hermès’ claim of infringement.

Continue Reading The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress
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It’s the second Chapter 11 bankruptcy petition (a Chapter 22) in three years for the discount, closeout home retailer, Tuesday Morning Corporation. The retailer filed for bankruptcy protection in the United States Bankruptcy Court for the Northern District of Texas on Valentine’s Day under case number 23–90001. The case is pending before the Hon. Eldon B. Mahon.

Continue Reading It’s Déjà Vu All Over – Tuesday Morning Files a Chapter 22 Bankruptcy

Despite the proliferation of in-state cannabis businesses and commerce, the sale and transportation of marijuana between and among states, even states with legal cannabis frameworks, remains federally prohibited due to the classification of marijuana as a Schedule 1 drug under the Controlled Substances Act. This has led to some of the oversupply and price decrease challenges businesses have been grappling with in Oregon, California, and Colorado as well as has, in some ways, supported the illicit market as over-taxed and over-regulated licensed businesses struggle to turn a profit.

Continue Reading Interstate Cannabis Commerce on the Horizon Thanks to California

In our modern world we take our ability to communicate seamlessly and instantly for granted. We communicate through more services and devices than ever before. Our options are vast: Facebook, Twitter, SMS text messaging, WhatsApp, email, traditional mail, cell phones, and even landline telephones. But what if those channels of communication, or the primary channels we rely upon, are disrupted by a natural or man-made disaster? Is your community association prepared for those circumstances? Do you have primary and secondary lines of communications established in your community association? If you are starting to feel concerned, that’s okay, because many community associations and small businesses are not prepared and do not have procedures in place for maintaining communications during a crisis. But the time to act is now. Implementing a Disaster Communication Plan can dramatically improve a community association’s response and handling of an emergency situation.

Continue Reading <em>What is a Disaster Communication Plan?</em>

Tattoo artist Catherine Alexander (“Alexander”) filed a lawsuit against World Wrestling Entertainment Inc. (“WWE”) and video game maker Take-Two Interactive Software Inc. (“Take-Two”) claiming they violated her intellectual property rights by reproducing her tattoo designs on the digital avatar of wrestling star Randy Orton in a series of released WWE 2K wrestling video games. See Alexander v. Take-Two Interactive Software, Inc., 489 F. Supp. 3d 812 (S.D. Ill. 2020). The lawsuit concerns five designs for which Alexander obtained copyright registrations prior to filing suit.

Continue Reading <em>Proprietary Ink: How One Tattoo Artist Took Take-Two to the Mat Over Unauthorized Use of Replica Tattoos on Wrestlers in WWE 2K Games</em>

Life can change in a matter of moments. As my mother always says: “An ounce of prevention is worth more than a pound of cure.” Benjamin Franklin may also have been known to utter the phrase once or twice, but still, I’ll give credit to my mom. Preparation is key whether you’re talking to your child about an upcoming exam, a deposition, or the operations of a community association. A community association’s board of trustees has a duty to protect the community by ensuring the safety and well-being of its residents, which includes a wide range of responsibilities, from maintaining the common areas, enforcing community rules and regulations, to protecting the association from damage, whether by natural or manmade forces, and ensuring disrupted services are promptly returned to operation. Taking steps once disaster strikes is too late. Community associations need to plan in advance and establish protocols for responding to disasters before, during, and after to mitigate against damage, lessen the impact on the community, and expeditiously return to full operations following a disaster or temporary disruption of services.

Continue Reading <em>What is a Disaster Preparedness Plan?</em>