patriot february 2012

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Spring 2012 Foreign Assets? A new law to consider Workplace Violence - could it happen to you? New Faces - welcome new members Did You Know? - real estate news Blighty Bound - student scholarships Employment - new laws you need to know Tech Tip - it’s a hoot! Could Cut-and-Paste Land You In Court? Photos and BABC Social Media Links Sneek Peek - calendar of events Inside this issue: continued on page 9... continued on page 9... I hope you are off to a really good start, and welcome to the first Patriot issue of 2012. Our theme for this issue is 'Staying Out Of Trouble' and who wouldn't want to do that! These days there's any number of ways to run into trouble, and most of them, are imagined or certainly unintentional! With that in mind we have called upon the expertise and wisdom of a few members to shed light on some relevant issues that could either land you in hot water if you are not aware of them, or share information that will help you avoid unnecessary problems. Ever wonder if workplace violence could happen at your business or what you could do to prevent it? BABC member Joe Grillo has experienced it first hand and he shares his expertise on how you might prevent it happening in the first place. Unless you own them, intellectual property rights sound a bit dull, but if you've ever copied and pasted information you found online and used it without permission you could land yourself in hot water, Lynda Zydra Symes shares information you need to know about copyright and trademark laws. Talking of laws there's always a slew of new ones, and BABC members Jim Hart and Angela Burton have the latest scoop on updated employment laws and some new ones that could affect your home and/or rental properties. And did you know that if you hold foreign assets, you have a new filing requirement – check out what Bina Patel has to say on the subject. It's as well then to keep in mind that our BABC fellow members can be an excellent source of knowledge and expertise in so When is BritWeek? April 24 – May 7, 2012. This year, the sixth anniversary of BritWeek is particularly exciting as we salute and pay homage to the Queen of England's 60th Jubilee and the 2012 Olympic Games hosted by Great Britain. What is BritWeek? BritWeek is a celebration of all things British in California, highlighting the amazing depth and breadth of British connections here. The Brits are the biggest foreign investors in the state, and they make their mark in every aspect of life and culture. Where does BritWeek take place? BritWeek 2012 will take place at numerous venues throughout Los Angeles, Orange Counties and San Francisco. How can I attend BritWeek events? There are dozens of events during BritWeek, some of which are by invitation only and others that are open to the public. Some events require tickets and others are free to attend. L-R: Mr. Danny Lopez ,Consul General for the British Consulate in New York and Director-General of UK Trade and Investment in the USA and Joanne Sokolski, Chief of Protocol, County of Orange Protocol Foundation of O.C. with BABC OC President John Miller.

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Patriot is the official newsletter for the Members of the British American Business Council of Orange County.

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Page 1: Patriot February 2012

Spring 2012

Foreign Assets? A new law to considerWorkplace Violence - could it happen to you?New Faces - welcome new membersDid You Know? - real estate newsBlighty Bound - student scholarshipsEmployment - new laws you need to knowTech Tip - it’s a hoot!Could Cut-and-Paste Land You In Court?Photos and BABC Social Media LinksSneek Peek - calendar of events

Inside this issue:

continued on page 9...

continued on page 9...

I hope you are off to a really good start, and welcome to the first Patriot issue of 2012. Our theme for this issue is 'Staying Out Of Trouble' and who wouldn't want to do that! These days there's any number of ways to run into trouble, and most of them, are imagined or certainly unintentional!

With that in mind we have called upon the expertise and wisdom of a few members to shed light on some relevant issues that could either land you in hot water if you are not aware of them, or share information that will help you avoid unnecessary problems.

Ever wonder if workplace violence could happen at your business or what you could do to prevent it? BABC member Joe Grillo has experienced it first hand and he shares his expertise on how you might prevent it happening in the first place.

Unless you own them, intellectual property rights sound a bit dull, but if you've ever copied and pasted information you found online and used it without permission you could land yourself in hot water, Lynda Zydra Symes shares information you need to know about copyright and trademark laws.

Talking of laws there's always a slew of new ones, and BABC members Jim Hart and Angela Burton have the latest scoop on updated employment laws and some new ones that could affect your home and/or rental properties. And did you know that if you hold foreign assets, you have a new filing requirement – check out what Bina Patel has to say on the subject.

It's as well then to keep in mind that our BABC fellow members can be an excellent source of knowledge and expertise in so

When is BritWeek? April 24 – May 7, 2012. This year, the sixth anniversary of BritWeek is particularly exciting as we salute and pay homage to the Queen of England's 60th Jubilee and the 2012 Olympic Games hosted by Great Britain.

What is BritWeek?BritWeek is a celebration of all things British in California, highlighting the amazing depth and breadth of British connections here. The Brits are the biggest foreign investors in the state, and they make their mark in every aspect of life and culture.

Where does BritWeek take place?BritWeek 2012 will take place at numerous venues throughout Los Angeles, Orange Counties and San Francisco.

How can I attend BritWeek events?There are dozens of events during BritWeek, some of which are by invitation only and others that are open to the public. Some events require tickets and others are free to attend.

L-R: Mr. Danny Lopez ,Consul General for the British Consulate in New York and Director-General of UK Trade and Investment in the

USA and Joanne Sokolski, Chief of Protocol, County of Orange Protocol Foundation of O.C. with BABC OC President John Miller.

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Page 2: Patriot February 2012

The UK: Europe'sNo.1 business location

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Page 3: Patriot February 2012

If you hold foreign assets,you may have a new filing requirement!

.

On December 17, 2011, the IRS released Form 8938, Statement of Specified Foreign Financial Assets. This release followed the issuance of Temporary and Proposed Regulations under IRC § 6038D, requiring certain specified individuals and specified domestic entities to report to the IRS specified foreign financial assets that exceed an aggregate value of $50,000 (higher asset thresholds apply to U.S. taxpayers who file a joint tax return or who reside abroad). This filing requirement is completely separate from, and in addition to, Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR). Filing an FBAR does not relieve you from filing Form 8938, and vice versa!

Beginning with the 2011 tax year, U.S. citizens, resident aliens and certain nonresident aliens who have interests in specified foreign financial assets exceeding the reporting threshold will be required to attach Form 8938 to their Form 1040 or Form 1040-NR.

A person is generally considered to have an interest in a specified foreign financial asset if income, gains, losses, deductions, credits, gross proceeds, or distributions attributable to an asset are required to be reported on an annual return. This is the case even if there are no taxable items attributable to an asset for the particular tax year. For example, if you owned a foreign financial asset that generated income in 2010 but not 2011, the interest in the foreign asset must still be reported in 2011! Taxpayers may be surprised to learn that non-U.S. real estate holdings are not considered a specified foreign financial asset when directly held by the individual. However, if the real estate property is held in a foreign trust, the interest in the entity but not the assets owned by it may have to be reported on Form 8938. Other items considered an interest in a specified foreign financial asset include:

o An asset held by a child is treated as an asset of the parent if the parent elects to report the child's income on his/her return.

o An asset held by a disregarded entity is treated as an asset of the owner of the entity.

o An asset held by a grantor trust is treated as an asset of the owner of the grantor trust.

The Proposed Regulations are not limited to individuals. Certain domestic partnerships, corporations and trusts may also be subject to the filing requirement for tax years beginning after December 31, 2011 when certain conditions are met. Therefore, domestic entities utilizing a calendar year for tax purposes have no requirements to file Form 8938 until the 2012 tax year.

This filing requirement is important and the penalties are not insignificant. Failure to file Form 8938 when required could result in a $10,000 penalty, with an additional penalty, up to $50,000, for continued failure to file.

This publication contains general information only and Deloitte is not, by means of this publication, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This publication is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. Deloitte, its affiliates and related entities, shall not be responsible for any loss sustained by any person who relies on this publication.

Contributing writer Bina Patel is a BABC member and Director, Private Company Services, Deloitte Tax LLP (714) 436 7236 [email protected] www.deloitte.com

BABC Golf Promo

Copyright © 2012 Deloitte Development LLC. All rights reserved.

BABC OC 22nd Annual Golf Tournament& Western Region Challenge Cup

Thursday, May 3rd. 2012

Tustin Ranch Golf Club 12442 Tustin Ranch Road, Tustin, CA 92782Thursday May 3, 2012. Noon Shotgun Start.

Putting Contest, plus prizes for Longest Drive, Straightest Drive, & Ugly Ball. Lunch and dinner included.

$1,000 Sky Ball Cash Prize

9:30 am Registration & Driving Range10:30 am Putting Contest11:30 am LunchNoon Shotgun Start5:30 pm Sky Ball Drop followed by Awards Dinner

$250 - includes golf tournament, cart, lunch, & dinner.

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Page 4: Patriot February 2012

Helpful "Did You Know" Real Estate information!

Its a good idea if you are thinking of doing any plumbing work in your home in the future to look at water conserv-ing plumbing fixtures....."Did you know?" Effective Jan. 1, 2012, sellers will have to disclose whether a property has water-conserving plumbing fixtures. Water-conserving plumbing fixtures are low-flow toilets, shower heads, and faucets. The law also requires that by Jan. 1, 2017, a single-family residence built on or before Jan. 1, 1994 must generally be equipped with water-conserving plumbing fixtures!

If you have been in escrow recently you may have an opinion about this but if you are planning to buy or sell in the near future......."Did you know?" Beginning Jan. 1, 2012 the law requires a homeowner's association (HOA) to, upon written request, give an estimate of the fee for providing a prospective buyer with the governing documents of the common interest develop-ment and other required HOA disclosures. The fee must be reasonable based upon the HOA's actual cost for procuring, preparing, reproducing, and delivering the HOA documents. This is a huge win for consumers as fees for HOA documents have wildly escalated over the last few years. Transactions with total association document fees over $1,000 are not uncommon!

With the non-smoking bans extending to common area, beaches and the like..."Did you know?" Beginning Jan. 1, 2012, a residential landlord can prohibit the smoking of cigarettes and other tobacco products in a rental property. For new tenants on or after Jan. 1, 2012, the areas where smoking is prohibited must be stated in the lease or rental agreement. For preexist-ing tenants before 2012, a new provision prohibiting smoking is a change in the terms of tenancy that requires written notice!

When you take ownership of a property...."Did you know?" New procedures for filing a Change in Ownership statement with the local property tax assessor include, among others, as follows: (1) Deems statement is filed on the date it is postmarked or certified; (2) Increases penalty cap for willful failure to file statement from $2,500 to $5,000 for properties eligible for the homeowners' exemption, and $20,000 for properties ineligible for the homeowners' exemption; (3) Extends time to file statement from 45 days to 90 days (including change in control or ownership of corpora-tions, LLCs and other legal entities); and (4) Specifies where the assessor may mail a request for statement or notice of penalty for an identified property!

We are all concerned about safety but to help us along...."Did you know?" Owners of California dwelling units, especially rentals, that have (i) a fossil fuel-burning heater, appliance or fireplace (for example, a gas stove or water heater) or (ii) an attached garage, need to be aware of a new law passed in 2010 regarding carbon monoxide devices. All properties (except properties that are, generally-speaking,

owned by or leased to the government) must install carbon monoxide alarms by the following deadlines: (1) July 1, 2011, as to single-family dwellings, or (2) January 1, 2013, as to all other dwellings.

(The deadlines are subject to extension for up to 6 months if the State decides more time is necessary to make approved alarms available; if such postponement were made, the Department of Housing and Community Development must post a public notice on its website). To satisfy the requirements of the new law, alarms must be approved by the State Fire Marshal. The State Fire Marshal's web site maintains a listing of carbon monoxide alarms and detectors; it appears as though the alarms and devices on this listing meet the requirements of the new law, but this should be confirmed by owners. The new law imposes a $200 maximum fine on owners for each violation of the installation requirements, provided that a 30-day notice must be provided to cure the violation. Perhaps more important, however, would be the implication or presumption of negligence created by a violation of the new law in any case where persons or property are injured or damaged as a result of a carbon monoxide leak.

Also covered are permission-to-enter and device-failure notification requirements imposed on tenants. With the law now clear on the required presence and maintenance of carbon monoxide alarms in qualifying rentals, it is critical for any rental unit owner to meet all applicable requirements of this new law. The good news is they are inexpensive and can be purchased at the likes of Home Depot!

BABC OC member Angela Burton is an associate of OC Realty & Associates. Contact: 949-212-8378.

www.angelaburtononline.com [email protected]

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Page 5: Patriot February 2012

EXAMPLE:

A criminal law firm employs a small unit of in-house inves t igators . The i n v e s t i ga t o r s a r e f o rme r l aw enforcement officers who have legal access to firearms as part of their duties and responsibilities. One afternoon, a senior office assistant (known to one of the investigators as being sometimes awkward in dialog) walked into the threshold of their inner office, appearing agitated and whispered loudly, “Hey do you guys have any weapons, lawyers, they just don't <expletive> get it”.

In this instance, the office assistant approached a group of co-workers known to have access to weapons, and then made a specific yet clouded threat towards the lawyers in the office. I use this as an example for it demonstrates the mindset of a troubled office worker who may or may not have intended to mean what he or she said. Statements like this have no place in the workplace, they should be reported immediately.

Sadly, our society continues to rack up astounding examples of dangerous and critical workplace incidents. It is important to realize that no particular type or size of business government or private sector is exempt from acts of violence or intimidation. Recognizing the warning signs of someone who may be on the path to dangerous and destructive behavior is critical to prevention, but on the chance that prevention is too late, it's vital to know what you would do if something were to happen: Have a plan in place and a professional to notify.

As employees and managers, be aware of your activities even after working hours while on personal time. Seemingly harmless after work activities, e.g. speed dating, social networking, etc can potentially cause problems and may affect you and your co-workers at the workplace. “I just gave him/her my business card; I didn't want to provide my personal cell, who would have thought this could happen". Does this sound familiar? If your business doesn't have a ‘Workplace Violence Plan’, I urge you to make one. A straightforward and informative plan should include identifying the company and its' employees, field locations, and other common business areas. This includes, but is not limited to buildings and surrounding perimeters, parking lots, clients' homes, and identifying those employees involved traveling to and from work assignments.

Information Technology: Computing and telecommunications are now part of the global workplace. Cell phones, smart phones, and tablets are often provided to employees in the performance of their assigned duties. When utilizing them, keep communications businesslike and refrain from any actions that may be interpreted as offensive or threatening to others. Track and report potential signs of verbal harassment such as disorderly conduct, false or malicious rumors, subtle negative remarks about managers and other employees. Inappropriate and delusional statements made orally or through written communication should be scrutinized by trained professionals. Don't forget about those employees who work from home, the traditional workplace has been re-defined.

Body language/office gossip: Repeated instances of agitated behavior, finger gestures, irate actions, silent displays of anger and frustration are all considered warning signs that should be closely monitored. Unsolicited negative remarks about managers, supervisors, or other employees in the workplace displaying a hostile tone should be immediately reported.

When you formulate a plan, take some time to familiarize yourself with it, and be sure to ask your employees and managers about any areas they are unsure of or don't understand.

In conclusion, education is the key to prevention.

WORKPLACE VIOLENCE COULD IT HAPPEN TO YOU?

Joseph Grillo is a BABC member and is the President and Founder of Ambrit International Services, ; A global risk, security, and investigations company servicing Orange County, Los Angeles, and San Diego. He can be reached at 310-266-4186 or

www.ambritintl.com

[email protected]

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Page 6: Patriot February 2012

Welcome New Members

Paul O'Donovan Rossa, MCC, CEO - Platinum Coaching714-536-4585 Email: URL: [email protected] www.platinum-coaching.com

As a consultant to executive leadership of some of the world's largest firms, through intuitive analysis, testing and training, Platinum Coaching cultivates the skills of executives while eliminating internal strife, outdated solutions and answers of convenience. Global clients of Platinum Coaching attain effective and enduring leadership resulting in increased company success and growth.

Deborah (Dee) Standley, The CA Family Law Mediation Practice – CEO and Founder855-824-2643/ 949-338-3787 Email: URL:

[email protected]

www.mediationinorangecounty.com

Deborah helps her clients' transition from marriage to divorce without the need or expense of litigation in a court room, saving her clients as much as 90% of what a litigated divorce would cost. She uses her skills as a Certified Therapist and Senior Family Law Mediator to help her clients negate the often acrimonious experience of divorce through integrity, advocacy and understanding. Her company provides a plethora of Family Law services and offers a free initial consultation.

Multi-language Services: Speaks/translates Portuguese, French, Italian, Spanish and English.Teaches Portuguese and French all levels.

Dennis Waterkotte, Executive Vice President - Airtech International, Inc. 714- 899-8100 Email: URL: [email protected] www.airtechonline.com

Airtech Advanced Materials Group, with locations in Huntington Beach, Chino, Luxembourg, England and China, is a manufacturer and supplier of vacuum bagging and composite tooling materials. Family owned and operated since 1973 they serve industries such as Aircraft/Aerospace, Wind Power Blades, Marine, Auto Racing, Printed Circuit Board Production, Sporting Goods, Automotive and Recreational.

Fr Neil Edlin and Sharon Edlin, Church of St Mary Magdalene 714-532-2420 Email: URL: [email protected] http://www.stmarymagdaleneacc.org

Fr Neil Edlin, Rector directs services and activities at the Church of St. Mary Magdalene located in “Old Town” Orange. It is an Anglican Catholic Church guided by the traditional liturgy found in the 1928 Book of Common Prayer. Sharon Edlin serves as the President of the Women's Guild. The church offers men's and woman's ministries as well as music ministries, outreach and community services. An event calendar can be found on the church website.

Please say hello to these new BABC-OC members and introduce yourself to them next

time you see them at a mixer or event.

If you know of a potential BABC-OC member – please contact Valerie Blackholly and she'll be happy to follow up and you’ll get a $50 credit on your next renewal for each paid membership.

(949) [email protected]

Maria Fernanda Favilla (Individual Member)714-615-8825 Email: [email protected]

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Page 7: Patriot February 2012

Two lucky Orange County students will soon be hearing news that they are the scholarship winners of an all-expense paid, two-week trip to England (18-30 June, 2012) to study at the ACS International School's British Studies Summer Program.

Funded by the 2012 BABC OC Scholarship Program the winners will visit key historical and cultural sites so that they can learn, comprehend, and more importantly connect seemingly disparate monuments, art and events from British history laying the foundation for a lifelong understanding and appreciation of the lasting impact of British culture.

The mission of the BABC OC embraces the fostering of friendship, commerce and economic growth between Orange County and the United Kingdom but also embraces a philanthropic ethos. “Although we have ambitious goals regarding the fostering of business between the United Kingdom and the United States, we continue to make Orange County a very big focus of what we are all about. We reinforce our commitment to the Orange County community through our partnerships with local or locally represented charities or organizations and we are especially proud of our scholarship program,” said 2012 BABC OC President John Miller.

Students aged 16-17 are invited to submit a one page essay on the topic “Why I should win a trip to the UK” to Valerie Blackholly before April 10, 2012.

The program is funded in part by BABC OC mixers and events and through donations by local businesses and organizations. To sponsor the scholarship program contact

or visit . For more information on the program visit: [email protected] www.babcoc.org

http://ow.ly/9uzh3

OC Students Blighty Bound

Tamarind of London

Burns Night

Cora and Alex 2011 scholarship winners

call home!

Executive Editor: (714) 668-1234

Managing Editor/Contributing Writer: Debra Shrider.(714) 990-6619 [email protected]

Art Director: Kenneth Slidders.(714) 779-5451 [email protected]

Advertising: Valerie Blackholly, BABC-OC. (949) 472-2221 [email protected]

Josh Teeple, Crowe Horwath [email protected]

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Page 8: Patriot February 2012

Five New Employment Law Developments for 2012

A company's ability to successfully avoid lawsuits and defend against litigation depends on the existence of and ability to abide by lawful and smart policies. Changes in employment law are constant, and a company must continually monitor legal developments, revise or eliminate outdated policies, and add new policies as necessary. The following are some prominent new requirements in 2012 that warrant a review of your existing company policies.

1. New Credit Check Rules and Criminal Background Scrutiny.

A new law state, effective January 1, 2012, limits the ability of employers to use the credit history information of applicants or employees. The law still permits the use of credit histories for employment purposes, provided the credit check is “substantially job related” to specific types of jobs such as law enforcement and exempt managers. Although the law governing criminal background checks has not changed, the Equal Opportunity Employment Commis-sion (EEOC) is investigating instances when such back-ground checks have a disproportionate impact on protected categories of employees. In a recent letter, the EEOC stated that “when employers screen out an applicant due to a criminal record, the result typically is that African Americans and Hispanics are disproportionately excluded from employ-ment opportunities.” This increased scrutiny has resulted in several high-profile settlements with the EEOC, which may warrant reconsideration of existing background check practices.

2. Increased Penalties for Misclassifying Workers as Independent Contractors.

California is among the many states scrutinizing those classified as independent contractors. In California, Labor Code section 226.8 now provides a $25,000 penalty for “willfully” misclassifying someone as an independent contrac-tor or for charging those who have been willfully misclassified as independent contractors for materials, space, rent or other specified items.The new law also requires a violator promi-nently display a notice of the violation.

3. New Pregnancy Benefits Rules.

While California has maintained pregnancy-specific leave laws for some time, until this year California law only man-dated that an employer provide a pregnant employee with the same benefits as those offered to others on medical or disability-related leaves. A recent change now requires employers to provide pregnant employees with at least four months of the same level of insurance benefits under group health plans during their pregnancy-related leave as they were provided prior to taking the leave.

4. Employers Required to Advise Employees of the Right to Unionize.

The National Labor Relations Board has issued a final rule mandating that most private sector employers post in a "conspicuous place" a notice informing employees of their rights under the National Labor Relations Act, including the right to unionize and engage in protected concerted activity. Implementation of the posting requirement has been extended until April 30, 2012, due in part to various legal challenges to the rule.

5. Meal and Rest Periods.

A case entitled Brinker Restaurant v. Superior Court has been pending before the California Supreme Court for some time. It may answer several important questions for employers and employees, including whether an employer must “ensure” that the employee takes a meal break or, alternatively, need only “provide” it for the employee to decide whether to take that time off. A decision was expected early this year, but the California Supreme Court has decided to consider additional briefing on whether its ruling should be issued on a prospec-tive-only basis. Even though the case is not yet decided, employers should consider how an adverse ruling could impact planning, budgeting and other aspects of operations.

These developments are among the first to become effective in 2012. However, they certainly will not be the last of this year. As a result, employers should make changes to accommodate these developments in the law, but should also remain current on merging developments in employment law.

BABC OC Member Jim Hart is with Littler Mendelson and exclusively represents and counsels public and private sector employers in labor and employment matters. He can be reached at 949-705-3003 [email protected] www.littler.com

Tech tip for the technically challenged

Hate long urls? Ow.ly is a URL shortener and sharing tool.

The ow.ly toolbar allows users to instantly share or retweet

links. Visit http://ow.ly/ cut and paste the offending long

url into the box and hey presto! A short url you can use.

So easy even a non-techie can figure out how to do it!

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Page 9: Patriot February 2012

...continued from cover ...continued from cover

John Miller2011 BABC OC President &Broker Associate, Prudential California RealtyPhone: 949-735-3093 [email protected]

Visit for complete calendar information. You can also sign up for the BritWeek newsletter, which will keep you 'posted' as information becomes available.

What BritWeek events will take place in Orange County?There's plenty of fun events to enjoy – golf, vintage cars, meet and greet Olympic athletes, Pacific Symphony, Newport Beach Film Festival, quiz and curry nights at the pub – something for everyone. For Orange County BritWeek events see the calendar on the back page of the Patriot and at for updated information

www.britweek.org

www.babcoc.org

.

many ways; I do encourage you to attend our major business events and frequent fun social mixers such as our recent mixer at Tamarind of London. Not only will you benefit from some great business contacts and information, but chances are you'll also make some really good friends along the way.

Don't forget to check our calendar of events on the back page, or www.babcoc.org. I certainly look forward to getting together with you at a future event very soon.

BABC President John Miller, with mixer host, Meneesh Rawat, General Manager,

Tamarind of London

Bye, Bye, Boring Bio!Hate to write about yourself?Don't agonize over this a minute longer…

For a free quote contact Deb Shrider, Principal

Put It In Writing!Phone (714) 990-6619 [email protected]

http://www.linkedin.com/in/debrashrider

“Not having the information you need when you need it leaves you wanting. Not knowing where to look for that information leaves you powerless. In

a society where information is king, none of us can afford that.” Lois Horowitz

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Page 10: Patriot February 2012

When 'cut and paste' could land you in court!

What you and your employees don't know about online copyright and trademark issues could get you in trouble – big trouble. A simple cut and paste could end up with you in court – and potentially owing damages of $150,000 per work copied. With intellectual property owners becoming increasingly proactive in asserting their rights, companies and individuals must be cautious when creating or supplementing their online media.

Copyright laws prevent the unauthorized copying of “original works of authorship” including literary works, music, pictures, graphics, videos, and sound effects. Any of these can easily be found with a quick Google search, and then copied onto your own website. Doing this, however, may result in copyright infringement and put you on the hook for thousands of dollars in damages. Just because something is found on the web doesn't mean that it isn't covered by copyright. An “original work of authorship” is protected by copyright law whether it was registered with the U.S. Copyright Office or not. Companies need to be aware of potential copyright issues and self-police their online media. It is a good idea to create policies that restrict employees from reposting any material from the internet onto any of your online media. If you want to use material found online in your online media, you will need to determine if it is protected by copyright. If so, you may need to obtain permission before using it.

Many people think that they can copy material online and they are free from liability because their use is “fair use.” The “fair use” doctrine is an exception to the copyright holder's exclusive right to use their creative work. It allows someone a limited right to use copyrighted material for “criticism, comment, news reporting, teaching, scholarship, or research.” This is a much narrower exception than many people realize, and is a defense that must be proved in court. So, it is not a good idea to rely on “fair use” to save you from potential copyright suits without consulting with an attorney.

You must also be careful when using any other companies' trademarks in your online media. A trademark is a word, name, symbol, or phrase that is used to identify a particular manufacturer or seller's products and distinguish them from products of others. You can unwittingly commit trademark infringement simply by placing a mark on your online media where potential customers are likely to believe there is an affiliation or association between you and the other mark owner. You should not visibly use another company name, logo, or brand to attract web traffic. Courts are split on whether the use of a competitor's trademark in metadata and keywords is trademark infringement and therefore these practices are also risky.

There are limited “fair use” exceptions related to trademarks. Generally, words may be used in their descriptive sense, even

Contributing writers: BABC Members Lynda Zadra-Symes and Brian Drummond of Knobbe Marens Olson & Bear LLP. Ranked among the top intellectual property firms worldwide, the firm has over 275 lawyers and scientists nationwide dedicated to all aspects of intellectual property law including litigation.

www.knobbe.com. [email protected] [email protected]

if another company has registered the word as a trademark. For example, a restaurant operating under the registered service mark “FISH-FRI” may not be able to prevent you from using “fish fry” to describe a restaurant dish. Also, you can refer to another company's mark for the purpose of identifying that company's products and comparing them to your own. This is called “nominative fair use.”

Avoiding legal trouble online can seem like navigating a mine field these days, so it's important to be aware of where the content for your online media is coming from. Be diligent about monitoring what employees add to your online media, and try to obtain permission when posting copyrighted material. If you don't, it could end up costing you!

1) Targeted exposure …The Patriot is direct mailed to 2,000 Orange County businesses/individuals

2) The Patriot is a high quality print publication – that is widely read, and has a great shelf life that greatly exceeds that of an e-publication

3) The Patriot is also available in an electronic format on the BABC OC website – so advertisers get the best of both worlds

4) The Patriot offers great ad rates for members (see attached)

5) Business content, OC targeted articles, philanthropic events and fun – The Patriot has something that appeals to everyone

6) New expanded issue starting Summer 2011 – more great content and more bang for your advertising buck

7) Advertisers are eligible for a free display table at the European Business Chambers mixer

7 reasons to advertise in The Patriot

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Christmas 2011

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Date: Event: Venue:

Visit www.babcoc.org regularly to view our updated calendar and to register for events and pay online, or contact Valerie Blackholly, Executive Director. Phone (949) 472-2221 e-mail: [email protected]

This is just a sneak peek at some of our upcoming events.

Scheduled Events as of March 2012

March 27 Annual General Meeting Mastro's Costa Mesa

April 12 Young Executive Monthly Meetup Landmark , Corona del Mar

April 24-May 12 Various

April 24-30 Events The Olde Ship Oub & Restaurant

April 28 Salute to the Olympic Summer South Coast Plaza – Jewel CourtGames

April 29 British Car Show South Coast Plaza

May 3 Golf Tournament Tustin Rancho Golf Course

May 12 Polo Match Celebrity Ranch Polo Club

May 16-18 BABC Transatlantic Conference Scotland.

Jun 10 Afternoon Garden Party Montage ResortLaguna Beach

July 25 Joint International Chambers of Tustin Ranch Golf ClubCommerce Business Mixer

Sept BABA Awards Dinner TBA

thOct 7 Annual Business Debate/Dinner TBA

thDec 14 19 Annual BABC OC Christmas Lunch TBA - Book quickly, sells out early.1:30 - 3:00 p.m.

BritWeek

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