Mallory v. Norfolk Southern Railway Co. Doing business in Pennsylvania – means jurisdiction in Pennsylvania

On June 27, 2023, the United States Supreme Court issued an opinion in the Mallory v. Norfolk Southern Railway Co case. The case involved a Virginia resident suing his Virginia-based employer in Pennsylvania state court for injuries sustained in Ohio and Virginia. The Pennsylvania Supreme Court ruled it lacked jurisdiction, but the U.S. Supreme Court reversed this decision.

The U.S. Supreme Court's decision was based on a Pennsylvania statute stating that when a foreign corporation registers to do business in the state, it consents to the general jurisdiction of Pennsylvania courts. This means that, regardless of where the parties are located or where the cause of action arose, the corporation must accept Pennsylvania's jurisdiction to do business in the state.

image: Justia's Verdict

Pennsylvania is the only state with such a requirement tied to corporate registration. The dissenting opinion argues that this goes against the Due Process Clause, which traditionally prevents state courts from asserting general jurisdiction over foreign corporations merely because they do business in the state. The majority opinion, however, allows states to establish such jurisdictional requirements through legislative acts.

Justice Gorsuch wrote the majority opinion, joined by Justices Thomas, Alito, Sotomayor, and Jackson. Justice Barrett wrote the dissenting opinion, joined by Justices Roberts, Kagan, and Kavanaugh.

Marius Krause, Referendar, BridgehouseLaw Charlotte

"Mickey Mouse" turns Public Domain

Happy 95^th Birthday, Mickey Mouse! As a present, starting next year, you will be part of the public domain! How exciting!

Copyright law has always tried to give way to and protect the creativity of individuals – be it art, music, or drama. Although creative works should always be protected, after a specific time, they become ingrained in the fabric of society. There should no longer be any need for the original creator – or their heirs – to still gain economic advantages from this work. The zeitgeist we are currently in would not be the same if we couldn’t publicly use the works of Mozart or Beethoven or see the art of Michelangelo or DaVinci. Soon, Walt Disney’s pride and joy will be part of this great group of works, at least in his most original form.

Being in the public domain means anyone can use it without having to get a license for it. That means that in his Steamboat Willie era, Mickey Mouse could be freely utilized by anyone without paying The Walt Disney Company to use him. Does this mean that anyone can use the character? In principle, yes. But there is a caveat. Mickey Mouse is still used as a trademark to represent the essence of the Disney Company’s brand. Mickey’s signature style – the one we think of as more prominent pupils, red shorts, white gloves, and yellow shoes – is still not free to use. If you have kids, you may have noticed how the past few Disney films include a snippet of the Steamboat Willie era Mickey Mouse. This tactic has been used to remind people that, even though this specific image will now be copied and used in other ways than what Disney has used it for, it is still emblematic of their company.

image: Flatland KC

Look no further than the 2023 horror film: “Winnie-The-Pooh: Blood and Honey.” The original Winnie-The-Pooh stories were published in 1926 by A.A. Milne and have gone into the public domain. The fundamental concepts of the story, which are the ones that are no longer protected, can be used, and works derived from them can be put out to the public without getting into legal problems. This horror film has the critical components in the characters and general disposition of the story but does not infringe on particular trademarks that may still be protected. It is similar to how Disney has protection in their version of classic fairytales and stories: Cinderella, Snow White, or Aladdin, but can’t stop anyone else from using the elements from those stories in their version.

So, once again, Happy Birthday, Mickey Mouse! Good luck in the public domain. Let’s hope people use your image positively (and don’t get in trouble for infringing on the trademark!).

José Portabella, Law Clerk, BridgehouseLaw Charlotte

ChatGPT is a Bad Lawyer

In April 2023, a Colorado lawyer prepared a motion to set aside judgment in a civil case for his client. During his drafting, the attorney used ChatGPT, the popular AI chatbot, to find a case law to support his client’s argument. The only problem was that the cases ChatGPT cited were either inaccurate or did not exist. When confronted by his presiding judge, the attorney admitted he had not verified the cited cases. This past week, that attorney has had his license temporarily suspended for at least 90 days with a two-year probationary period.

image: wikipedia

A similar story played out in June when two New York lawyers received sanctions for submitting a legal brief that included fictitious case cites generated by ChatGPT, with the presiding judge calling one case cite “gibberish.” These lawyers were required to pay a $5,000 fine and notify the real judges that had been claimed to author the fake cases in their brief.

These two stories are part of the current wave of AI excitement that has begun to impact the legal world. With the AI legal software market projected to be in the billions by 2030, AI has real potential to be an effective tool that helps lawyers and brings costs down for clients. However, as these two examples clearly show, using AI is not a foolproof plan, and legal professionals nationwide are scrambling to catch up with the new technology. This year, the American Bar Association (ABA) created a Task Force on Law and AI to study and address potential risks and the impact of AI in the legal world. Individual judges also decide how to handle the use of AI, whether it be a ban, disclosing its use, or incorporating it into honor codes. Even the judge who sanctioned the New York attorneys stated that there is nothing inherently improper in using AI for assistance.  

Time will tell if AI reinvents the legal profession or if things largely remain the same. However, we can see that a blind embrace of AI without proper care or oversight can have professional, financial, and embarrassing ramifications.

Luca Tappa, Law Clerk, BridgehouseLaw LLP, Charlotte

New Apple Products, Consumer Suspicion, and Transparency in the Tech Industry

Fall has come again, and in what feels like a cyclical tech tradition, many older iPhone models have undergone a ‘slow-down’ as new iPhone models are released.

 

Many in the U.S. and globally feel that Apple secretly releases software to phase older iPhone models into obsolescence when new ones are released to drive profits and create additional reliance on Apple’s product line and repair options. In 2017, Apple even admitted that a new software release weakened the performance of older iPhone models – lending some credence to the masses’ belief of nefarious corporate behavior from Apple. In 2020, Apple folded in a class action lawsuit and agreed to pay a settlement fee for not informing Apple product users of the potential for new software to slow older devices. Individuals owed money under that settlement agreement received money this Fall, 2023.

 

Despite the understanding that new software sometimes slows old devices and confirms such from Apple, people have remained suspicious of Apple whenever new products are released. For example, there is an active investigation into Apple’s purportedly nefarious “planned obsolescence” in France. Additionally, a case against Apple for over a billion dollars was recently approved to move forward in the UK for the same underlying reason.

The older and more recent cases illustrate a tendency for individuals worldwide to distrust big tech. It may be because tech is an industry where laypeople lack deep knowledge of products and how software may affect hardware. The ongoing suspicion manifests the expectation for tech products to be efficient and remain efficient over time. Or, of course, the distrust may be well founded – at least in these cases against Apple.

 

In the face of consumer protection regulations and in the eyes of its consumers, the tech industry would do well to be as transparent as possible when releasing new technologies that may impact the performance of old devices. Consumer welfare, in part, hinges on ensuring an informed consumer population. Apple likely faces an uphill battle to rebuild trust with its consumers, and it can certainly expect to continue trudging through legal adversity in the face of these new lawsuits and investigations.

Cole Haaf, BridgehouseLaw Charlotte

Sources

 

https://www.france24.com/en/europe/20230515-france-investigating-apple-over-alleged-planned-obsolescence-for-smartphones

https://www.nytimes.com/2017/11/15/technology/personaltech/new-iphones-slow-tech-myth.html

https://www.cnet.com/tech/mobile/apple-to-start-paying-out-500m-in-iphone-slowdown-lawsuit/

https://www.theregister.com/2023/11/02/apple_batterygate_uk/

Corporate Transparency Act

The Corporate Transparency Act (CTA) is a law that requires certain businesses to disclose ownership and other information to the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). The purpose of the CTA is to combat financial crime and assist law enforcement in detecting criminal activity by creating a centralized database of information about who owns and operates US businesses. Enacted in 2021, the law is set to go into effect starting January 1, 2024. The CTA has broad reporting implications for current businesses and businesses formed after January 1, 2024.

The CTA requires information about the “reporting company,” each “beneficial owner” of the company, and any “company applicants”. After the initial report, there is no annual or quarterly filing requirement, only that the company must update its documents if its information has changed.

Reporting companies operate in the US and were either formed with US law (domestic reporting company) or with foreign law (foreign reporting company). A reporting company must disclose its full legal name, trade name, current US address, state or foreign jurisdiction of formation, IRS ID and EINs, and state jurisdiction of first registration for foreign reporting companies. Beneficial Owners are individuals who either substantially control the reporting company (examples include senior officers like presidents, CEOs, etc.) or own at least twenty-five percent of the company’s ownership interest. Company Applicants are individuals who either directly filed the documents that created the reporting company or were primarily responsible for directing the filing. Companies must report the beneficial owner and company applicant’s full legal name, date of birth, current address, and a unique identifying number like a US state driver’s license or foreign passport.

If the reporting company exists before January 1, 2024, it must file its initial report by January 1, 2025. If the company is created after January 1, 2024, it only has thirty days after its creation to make its filing. Failure to make these required filings can lead to civil and criminal penalties as severe as two years imprisonment and/or $10,000 in fines. 

Save for a few exceptions, the CTA will affect most companies operating in the US. Therefore, companies must know the information they are required to report and the timeline to file these required reports.

Luca Tappa, Law Clerk, BridgehouseLaw LLP, Charlotte

Cybill Shepard and Bruce Willis are back Moonlighting – Breaking News

Dear Fellow TV Enthusiasts.

Have you ever wanted to step into a time machine and relive the golden era of television? Well, dust off your shoulder pads and tease up that big hair because "Moonlighting" is back, and it's now streaming on Hulu! Grab your popcorn, and let's take a stroll down memory lane.

For those of you who might not have had the privilege of experiencing this gem the first time, "Moonlighting" was a TV show that aired from 1985 to 1989. It was a perfect blend of mystery, comedy, romance, and the unmistakable charm of the 1980s.

Starring the charismatic Bruce Willis as David Addison and the ever-so-lovable Cybill Shepherd as Maddie Hayes, "Moonlighting" followed the misadventures of a private detective agency, Blue Moon Investigations. The electrifying chemistry between the two leads made this show truly special. Their witty banter, on-screen tension, and undeniable chemistry set the standard for TV couples for years.

And let's not forget the iconic musical moments. The show introduced us to some memorable musical performances featuring Cybill Shepherd's incredible singing talent, with episodes dedicated to song and dance. Who could forget "Big Man on Mulberry Street" by Billy Joel, performed with dazzling choreography?

But why did the Streaming executives not jump on this great peace of TV history before? One great thing about Moonlighting is the music – it is loaded with it! The problem is that none of the music rights have been sewn up, and Disney, who owned the show, believed it would be cost-prohibitive to get them now.

                                                            YouTube

Not so Hulu – they went for it and got it! Hulu got the right for most of the TV show's songs, specifically for the songs sung on-screen by Shepard, Willis, and the supporting cast.

So whether you're revisiting "Moonlighting" or diving into it for the first time, you're in for a treat. This show has something for everyone, from its sharp writing to the nods to classic Hollywood cinema and the dynamic chemistry between Willis and Shepherd.

So, kick back, hit play on your Hulu subscription, and get ready to be swept off your feet by the charm, humor, and nostalgia of "Moonlighting." It's the perfect way to relive the 80s and be reminded of why this era was truly unforgettable.

As the theme song goes, "Some walk by night, some by day, Moonlighting strangers who just met on the way." Don't miss out on this iconic TV show now streaming on Hulu. It's a nostalgic journey you won't want to miss!

Happy watching, and stay tuned for more blasts from the past!

Marius Krause, Law Clerk, BridgehouseLaw LLP, Charlotte 

The SEC’s Consolidated Audit Trail – a Threat to Liberty and Privacy

In a world where data privacy is paramount, an alarming development is poised to reshape the landscape for American investors. The Consolidated Audit Trail (CAT), a comprehensive surveillance system created by the Securities and Exchange Commission (SEC) in response to the 2010 "flash crash," is set to collect and store vast amounts of personal and financial data of every U.S. investor. While ostensibly aimed at monitoring market activity, this initiative raises significant concerns about the erosion of individual privacy and potential security risks.

The CAT's Unprecedented Scope

The CAT, conceived in 2012 and launched in 2020, was designed to meticulously record every order, cancellation, modification, and trade execution for exchange-listed equities and options across all U.S. markets. While its initial purpose was to enhance market oversight, the CAT has evolved into a data behemoth that gathers American investors' personally identifiable information, including name, addresses, and birth year.

Data Security Concerns

The CAT's colossal size poses a significant data security risk. A breach of this magnitude could expose investors' trading activity and personal information, opening the door to potential exploitation by malicious actors. In a world where cybersecurity threats are a daily concern, the lack of robust safeguards for such a vast database is deeply troubling.

A Threat to Financial Privacy and Civil Liberties

Beyond security concerns, the CAT's creation infringes upon financial privacy principles and civil liberties. Trading is a form of value expression, and the CAT's sweeping surveillance interferes with Americans' Fourth Amendment rights to be free from unreasonable government searches and seizures.

The Need for Alternatives

While the SEC has legitimate reasons to monitor market activities, some alternatives would protect individual privacy without compromising its law enforcement ability. Suggestions include prohibiting personal information from the CAT database and allowing the SEC to request data from brokers on a case-by-case basis when necessary. Other proposals advocate for a more limited database focused on institutional investor trading or improving existing systems.

Stay informed and vigilant as we continue to monitor this important issue. Your privacy and civil liberties matter. Investors who want to protect their data from CAT must take measures. We will gladly support you in establishing your personal trading LLC.

Marius Krause, Law Clerk, BridgehouseLaw Charlotte

Fatal Directions and Unheard Warnings

In September 2022, Philip Paxson drove home from his daughter’s birthday party in Hickory, North Carolina. Like many of us do daily, he relied on Google Maps for directions. Part of the directions Google Maps suggested was for Mr. Paxson to cross a small bridge over a creek. The issue was that this bridge no longer existed as it had collapsed nine years prior. Navigating unfamiliar roads on a rainy night, Philip Paxson drove off the road where the bridge once was and tragically drowned. Philip’s family is now suing Google, claiming the company failed to update its maps.

The complaint alleges that twice in 2020, a Hickory resident used the “suggest an edit” feature on Google Maps to alert the company that the bridge was gone and not to direct people to use it. It is alleged that Google took no action in response to these alerts and noted only that they were “being reviewed.” Further, the lawsuit claims that Google continued to suggest users cross the bridge months after Mr. Paxson’s fatal crash. Along with naming Google as a defendant, the complaint also targets several private property management companies responsible for the land around the bridge and who the family alleges should have closed off the property.

The broader question beyond this tragic death and the potential legal ramifications if Google is found negligent is what corporations can learn from this. One thought is to take a second look at how corporations evaluate criticism. Does your business have a consumer feedback system, and if it does, how often is this feedback reviewed and considered? Internally, are employees allowed to make suggestions or raise concerns regarding the company? Can we fill gaps in knowledge that may come from sources outside the business? There are limits to how much information a company can realistically work through and how much feedback could be helpful. However, one wonders what could have happened had Google reacted differently to the feedback it received.

Luca Tappa, Law Clerk, BridgehouseLaw LLP, Charlotte

image: the art of wayfinding

The "Barbie" Movie and Aqua's "Barbie Girl"

Have you seen the Barbie movie? If not, you must have heard about it or seen something. It's a global hype.

I watched flocks of people, mostly dressed in pink, at the box office. And I know which movie they wanted to watch.

But if you saw it, did you wonder why the Aqua song from the 1990s Barbie Girl was only played for seconds and not used as a significant theme song?

In the grand picture of pop culture, a few pieces have captured the imagination quite like Aqua’s Barbie Girl. What began as a catchy tune quickly spiraled into a whirlwind of legal battles. Yes, it ended up at the United States Supreme Court. Music in the courtroom. That's nice. This strange and true story not only offers a great glimpse into the complexities of intellectual property, but it also underscores its importance.

For the full Morning Musing, please check out our YouTube channel.

A big "Tack" to Judgement War Productions LLC and Colin Verba for producing the Morning Musing videos

The Pickleball Craze

Pickleball is America's fastest-growing sport. It has captured the hearts of millions. Pickleball is a paddle sport that combines elements of tennis, badminton, and table tennis. It's played on a smaller court than a tennis court but on a lower net. Tennis is played on a larger court with a higher net. It has a different racket design and so on. In terms of gameplay, pickleball is characterized by a slower pace. There's an emphasis on strategy and placement, which makes it popular among players of all ages. Pickleball is a competitor to tennis, which is fast-paced, and therefore, it requires a higher physical endurance, and age is a limit in a fast tennis game.

The equipment also differs. Pickleball paddles are smaller and made from wood, graphite, or composite materials. And therefore you need special pickleball equipment. But pickleball is not all about fun and games. With its rising popularity, this sport leaves a trail of injuries, particularly among seniors. This results in a hefty financial burden on the healthcare system.

To get the whole story on Pickleball's impact on the health care system, check about the Morning Musing on our YouTube channel.

Thank you, Colin Verba and Judgement War Productions LLC, for producing the Morning Musing series

Capital Contribution Recommendations for Corporate Loan

The process is relatively simple for a foreign corporation seeking to create a subsidiary in the United States. In fact, no minimum capital contribution is required, meaning a corporation can be formed with just $1 of initial capital. However, while there might not be a minimum contribution to creating a US subsidiary, it may be worth contributing a more significant amount to secure future loans for the corporation.

Lenders want to ensure that their loans will be repaid, and they will look at several factors to determine whether or not to approve a loan. These factors include credit rating, industry risk, and debt-service coverage ratio (DSCR). The DSCR measures a corporation’s available cash flow to pay its current debt obligations. A corporation with a DSCR of 1.0 has precisely enough operating income to pay off its debt. Therefore, lenders will usually set a minimum DSCR requirement of 1.2-1.5. By increasing its initial capital contribution, a corporation can show lenders that it has adequate cash to pay off any debts accrued.

Finally, a good rule of thumb for corporations is to have enough capital to cover its costs for six to eighteen months. However, every corporation is different, and each corporation should base its decisions on its personal business needs and goals.

By contributing greater than the minimum amount of initial capitalization, corporations put themselves in a better light for lenders and increase the likelihood that they will be able to receive corporate loans.

BridgehouseLaw is happy to help you navigate company formation.

The Bureau of Economic Analysis and Its Forms

The Bureau of Economic Analysis (BEA) is the United States Department of Commerce federal agency. The BEA produces economic statistics regarding US GDP, foreign trade and investment, and other industry data. Specifically for foreign business, the BEA collects its data by having corporations file several mandatory forms for various purposes. These forms are collected to measure the amount of new and current foreign direct investment in the US, which can then inform the US government on its economic policy decisions. Some of these forms include the BE-13, BE-15, and BE-12. 

If a corporation has more than 10% foreign ownership, it must file a Form BE-13 within 45 days of its formation. However, if it costs less than $3 million to create or acquire the new corporation, then the corporation files a BE-13 Exemption Form. 

BE-15 Forms are mandatory annual reports of a corporation’s financial statements. These forms are based on total assets, gross operating revenues, and net income. Corporations reporting greater than $300 million on any of these metrics file Form BE-15A, between $120-300 million file Form BE-15B, between $40-120 million file Form BE-15C, and if a corporation reports revenues less than $40 million it files a BE-15 Exemption Form. 

Finally, the BE-12 Form is the most comprehensive financial and operating data survey for foreign-affiliated corporations and must be filed every five years. Like the BE-15, BE-12 forms are split based on income range, with BE-12A for revenues greater than $300 million, BE-12B for between $60-300 million, and BE-12C for revenues under $60 million.

These forms are mandatory for corporations and are essential for the BEA to have the most accurate understanding of foreign investment in the US. Because of their significance, an experienced international accounting firm will likely file these forms as part of their routine services.

Lucas Tappa, Law Clerk, BridgehouseLaw Charlotte

What is the meaning of a Thumbs Up emoji?

If you want to know the honest answer, talk to a farmer in Canada. He was held by a court to pay $50,000. This landmark court case decided a few weeks ago, found that a farmer entered into a legally binding contract with a thumbs-up emoji.

So the question is whether the farmer was obligated to pay, and the answer is yes. But how do you enter into a contract when you end a text message with a thumbs up? It's not only a question of digital communication and contracts, but also, what does it mean when just a symbol is there to show intent?

The court held that the farmer was obligated to keep his contract up because the thumbs-up is considered precisely what it is today: an agreement. This sheds light on the significance of standardized texts. How do you identify what does this mean? And also the impact on SMS messages, I-messages, WhatsApp messages, and other messaging services. The court case isn't the question of what is a valid contract in the digital age. Traditionally we know it all contracts were formed by signing papers. However, as the communication methods evolved, the courts had to accept and adapt to consider what is a valid electronic contract.

Talk about DocuSign. Talk about all those great tools for electronic signatures that are verified, validated, and put into a legally binding scenario. But here it's about a thumbs-up emoji. Is this enough to share an intent, clarify an intent, and classify a transaction as legally binding? This ruling is a precedent in Canada and how digital actionscreate legal consequences as part of our regular communication.

"I got your message. I will get back to you later." What was "later" never happened. And at the end, the prices of bushels of corn and whatever it was, changed and therefore, the other party felt the thumbs up meant, "yes, I will do it at that price." Courts often apply a so-called reasonable person test to determine whether the thumbs-up is a valid contract. In the context of text messages, this means examining whether or not a reasonable person could assume that a thumbs up means something more than to make the other party smile. Did the parties intend to be bound by the thumbs-up emoji? This test also safeguards against misinterpretation and ensures the law is applied consistently.

This case is not an isolated incident. Similar cases have been adjudicated in other jurisdictions in the United States and Australia. In all those cases, the courts have determined emojis can create binding contracts.  The ruling underscores that businesses must be careful and, even more importantly, tell their salespeople that a thumbs up could bind the company.



So how can businesses avoid entering into an unintended contract? The answer is clarity. Be explicit about what you want to do. Be explicit about when to create a legal contract. And even more important, what are the terms? Use clear language and avoid using emojis. If the farmer would have said, "I will get back to you, thumbs up." this would not have been a contract. If the farmer had said "deal". Let's do it. Thumbs up." It would have been clear, but just two thumbs up. Well, let's wait. How will the courts decide? This case matters, however, to global businesses. As we can see, the different communications worldwide and customs in one country may differ in other parts.

This case also highlights that clarity is the key to good communication. If you want to avoid creating a contract, be clear about what it is. The digital age has changed how we communicate. As a global business leader, it's essential to not to enter into unwanted contracts. So how can we ensure that our digital communications are clear and legally sound? As a business, how can you strike the proper balance between modern communication and leveraging safeguards that prevent you from being unintentionally stuck into a contract in an interconnected world?

As always, a huge "Thank You" to Judgement War Productions and Colin Verba for the excellent work in producing the Morning Musing

What is the German Opportunity Card?

A few weeks ago, on June 23rd, 2023, the German parliament approved reforming the Skilled Immigration Act in Germany. This law has been in place since 2020 and aims to make it easier for skilled professionals from non-European Union countries to immigrate to Germany. This card is known as Chancenkarte in German.

With its vibrant economy, strategic location, and strong infrastructure, Germany has been a sought-after destination for global businesses looking to expand their reach. The German opportunity card is game-changing. It opens the doors to a world of opportunities for entrepreneurs, for existing companies. The German market is substantial and foreign companies have a chance to tap into that.

By the same token, local companies in Germany can use the opportunity card to recruit talent from all over the world. In other words, the German market is open to the world, and the world is open to the German market. What are the critical aspects of this opportunity card, including the availability and the application process?

You may wonder, am I even eligible to do so? When is it available? First of all, the German opportunity card, also known as a German business visa, is available throughout this year. This card is designed to attract foreign investors, entrepreneurs, and professionals to contribute to the German economy through their skills, investment, or other innovative ideas.

Whether you are a successful company, a startup, or a long-established company that just wants to get some talent. This could be your gateway to get talent within the European landscape. The new immigration system will introduce a point-based immigration system by 2024. In early 2024, Germany will attract international talent by unveiling the all-point-based immigration system.

It is designed to complement the existing immigration routes to both use innovative passes to enter Germany and attract skilled professionals worldwide. If you are an expert in any part of the world yearning to migrate to Germany but facing challenges right now, the point-based structure of the opportunity card could be your solution.

So let's look into your dreams in Germany. The groundbreaking initiative allows you to get a job to cover your living expenses and have flexibility within the German work market. What is your path? How do you get it? To qualify for this extraordinary opportunity, three preconditions must be met. Those conditions need to be met point-based, spread over eight categories.

First, you must hold a university degree. You have completed a reputable professional training program of at least two years in an accredited institution. You need to demonstrate that you are financially able to support yourself. And lastly, you need to speak German at a reasonable level or English at a good level if your German is not that good. So how do you make the cut? How do you secure your chance? 

Congratulations, if you possess a degree or business degree, engineering degree, math degree, or whatever is recognized in Germany, you automatically qualify for the coveted opportunity card. Different criteria are available for those whose qualifications aren’t immediately recognized. And there is a six-point system to secure your path to success. As Germany unveils point based immigration system, it also shows an unprecedented opportunity for skilled workers. Skilled workers from all over the world can come to Germany. By embracing this new avenue, international talents can embark on the journey and leave their home countries to achieve their aspirations in Germany and to partake in a thriving German economy. The chance to come to Germany is for them to take it.

So what are the best practices to obtain it? Number one, research and plan. A thorough research of the German market is essential. The regulatory framework, the culture, the business culture, the living culture, and the norms. Before developing your plan as relevant, understanding the local market will help you to tailor your needs accordingly. 

Number two, collaborate. Collaborate with experts. Seek guidance from legal experts and consultants who can help you on the immigration way to Germany. 

Number three is network and partner. Build local connections with entrepreneurs and businesses. Someone may be already in Germany with a similar industry and business line. You could partner up, and this partnership could give you a grand market entry. 

So why does this German opportunity card matter? The German Opportunity card holds immense significance for global businesses because Germany, as a significant economic hub in Europe, is strategically located within the European Union in the center of easy reach for neighboring countries, which creates a ripple effect for you.

It is a transformative opportunity for you. Is your company interested in using your opportunity card to get better labor? Are you individually interested in coming to Germany for the opportunity? Are you ready to embrace this unparalleled opportunity to pave your success to Germany? Well, move on now or never.

 

As always, a huge "Thank You" to Judgement War Productions and Colin Verba for the excellent work in producing the Morning Musing

Made in Switzerland - Toblerone

Thank you, Colin Verba and Judgement War Productions LLC for producing the Morning Musing videos.
 

How safe is Baby Powder?

Johnson & Johnson declared that it would pay $8.9 billion over 25 years to settle all existing and future claims against the company's baby powder and other cosmetic talc products, which were alleged to have caused cancer.

The company's subsidiary, LTL Management, Inc., will re-file for voluntary Chapter 11 bankruptcy to resolve the accusations, but the move is not an admission of guilt. Johnson & Johnson and its other affiliates will continue to conduct their operations as usual without filing for bankruptcy protection.

In a statement, Erik Haas, the company's Vice President of Litigation, denied the allegations and stated that the claims lacked scientific validity. However, the company chose to settle to avoid the lengthy process of resolving these cases in the tort system, which could take decades and incur significant expenses without compensating most claimants.

Thank you to Colin Verba and Judgement War Productions LLC for producing the Morning Musing videos.

What is Biomimicry?

Biomimicry is the approach of imitating the solutions adopted by nature through natural selection and applying those principles to human engineering.

The biomimicry approach favors natural choices that nature has tested over millions of years to understand what works best and what doesn't. Ultimately, designs that follow biometrics can make human production more efficient, resilient, and sustainable.

We see an approach to innovation that seeks sustainable solutions to human challenges by emulating nature’s time-tested patterns and strategies. The goal is to create products, processes, and policies—new ways of living—well-adapted to life on Earth over the long haul.

Nature has already solved many of the problems that society is facing. Animals, plants, and microorganisms are experienced engineers. They know what works, what's appropriate, and what lasts on Earth. After 3.8 billion years of research and development, what did not work is now a fossil, and what is around us is the secret to survival. Biomimicry is a technological-oriented approach that focuses on applying nature's lessons.

Much appreciation to Judgement War Productions LLC and Colin Verba for producing the Morning Musing videos.

What (or who) is Sophia?

Sophia was developed by Hanson Laboratories, a company that specializes in creating lifelike robots that can interact with humans.

According to the company's website, Sophia is capable of natural language processing, facial recognition, and emotional analysis. She is designed to interact with humans in a way that is both intuitive and engaging, with the ultimate goal of becoming a companion and helper to people all over the world.

Thank you to Colin Verba and Judgement War Prodcution LLC for producing the Mornign Musings

The Future of Tires

In a world where technology is constantly advancing, Michelin has introduced an innovative new tire concept that is sure to turn heads. The tire, which is structure without air, represents a major breakthrough in tire technology and has the potential to revolutionize the automotive industry.

The new Michelin tire is made from a unique combination of materials that allow it to function without air. Instead of relying on air pressure to maintain its shape and support the weight of a vehicle, the tire uses a series of flexible ribs that are designed to support the weight of the vehicle while providing a comfortable ride.

The Morning Musing videoas are produced by Colin Verba and Judgement War Productions LLC

What is Bourbon?

Bourbon is a type of American whiskey that is distilled from a mash made primarily of corn. The mash must contain at least 51% corn, and it must be aged in new, charred oak barrels. Other requirements for bourbon include being produced in the United States and bottled at a minimum of 80 proof.

Trade protection for the name "bourbon" is provided by a number of legal regulations. In the United States, bourbon is protected as a distinctive product of the United States under federal law. This means that any whiskey labeled as "bourbon" must meet the legal requirements for the product, including the mash composition and aging in new, charred oak barrels.

 

Produced by Colin Verba and Judgement War Productions LLC - thank you

What is Biomimicry?

Have you heard of the Fibonacci sequence?

What is Biomimicry?

Learn more from Reinhard von Hennigs' Morning Musing

 

Thank you, Colin Verba and Judgement War Productions for doing a great job producing the Morning musings.

"Champagne of Beers" Musing

Miller High Life's long-running slogan "Champagne of Beers" has created problems for the brand in Europe. Recently, a shipment of the brew was destroyed in Antwerp, Belgium because the use of the word "Champagne" on the label was considered a violation of France's protected designation of origin (PDO) for Champagne.

The term "Champagne" is reserved for wines produced within a specific geographic area in France and must adhere to certain vineyard practices. While it is unlikely that consumers would mistake Miller High Life for actual Champagne, the use of the term was still enough to cause issues.

The destroyed shipment contained 2,352 cans of Miller High Life, and the decision was made by Belgian customs workers in collaboration with Le Comité Interprofessionnel du vin de Champagne (CIVC) and the General Administration of Belgian Customs. The beer was recycled in an environmentally responsible manner due to the utmost respect for environmental concerns.

U.S. Immigration auf Deutsch

Das amerikanische Einwanderungssystem ist ein komplexes System aus verschiedenen Arten von Visa, die je nach Bedarf und Zweck unterschieden werden können.

Es gibt zwei Kategorien von Visa: Einwanderungsvisum (IV) und Nichteinwanderungsvisum (NIV).

Einwanderungsvisa sind für Personen gedacht, die dauerhaft in den Vereinigten Staaten leben und arbeiten möchten.

Nichteinwanderungsvisa sind für Personen gedacht, die vorübergehend in die Vereinigten Staaten reisen möchten, sei es aus geschäftlichen, touristischen oder anderen Gründen.

Einwanderungsvisa werden in der Regel durch ein Petitionsverfahren von einem Familienmitglied, Arbeitgeber oder Investor beantragt und von einem US-Konsulat im Ausland ausgestellt.

Bei der Einreise in die Vereinigten Staaten erhalten Visumempfänger eine dauerhafte Aufenthaltserlaubnis, die "Green Card".

Zu den Kategorien von Nichteinwanderungsvisa gehören Besuchervisa (B-1/B-2), Studentenvisa (F-1/M-1), Arbeitsvisa (H-1B), Investorenvisa (E-2), Visa für Austauschprogramme ( J-1) und andere.

NIVs werden in der Regel für einen begrenzten Zeitraum von US-Botschaften oder Konsulaten im Ausland ausgestellt, die es den Inhabern ermöglichen, zu einem bestimmten Zweck in die USA zu reisen

Deutsche Staatsangehörige können in der Regel ein NIV oder IV beantragen, indem sie einen Online-Antrag beim US-Außenministerium stellen.

Für deutsche Staatsangehörige, die ein USA-Visum benötigen, sind neben dem Investorenvisum das Besuchervisum (B-1/B-2) und das Arbeitsvisum (H-1B) die gängigsten Visumarten.

Das B-1/B-2-Visum ist ein Nichteinwanderungsvisum, welches es deutschen Staatsangehörigen ermöglicht, vorübergehend in die Vereinigten Staaten zu reisen, sei es geschäftlich oder zum Vergnügen.

Das B-2-Visum ist für Touristen, die die Vereinigten Staaten besuchen, um Freunde und Familie zu besuchen oder um Urlaub zu machen.

Das H-1B-Visum ist ein Arbeitsvisum, das es deutschen Staatsangehörigen erlaubt, in den Vereinigten Staaten zu arbeiten, wenn sie eine qualifizierte Position in einem Fachgebiet innehaben.

Qualifizierte Fachkräfte werden in den Bereichen Informatik, Naturwissenschaften, Ingenieurwesen oder Gesundheitswesen benötigt. Die meisten H-1B-Visa sind auf 3 Jahre begrenzt, können aber um 3 Jahre verlängert werden

Das Visum, welches ich am häufigsten empfehle, ist das E-Visum. Das E-Visum ist für deutsche Investoren attraktiv.

Es gibt zwei Arten von E-Visa: das E-1-Visum und das E-2-Visum für Geschäftsinhaber, die entweder mit den Vereinigten Staaten Handel treiben oder in den Vereinigten Staaten investieren.

Die Arbeitserlaubnis für Ehepartner hängt von der Art des E-Visums ab, das der Investor besitzt. Mit einem E-1-Visum kann Ehepartnern, die in die Vereinigten Staaten einreisen, nicht automatisch eine Arbeitserlaubnis erteilt werden.

Sie können jedoch eine Arbeitserlaubnis beantragen und müssen nachweisen, dass sie in den Vereinigten Staaten leben, um die wirtschaftliche Unterstützung ihres Ehepartners zu erhalten.

Thank you to Judgement War Productions LLC and Colin Verba for producing this video.