Fine Art at CostCo?

Costco is now returning to the arena of high dollar art. Now so far we have not seen any million dollar pieces, but there are prints and lithographs from names like Matisse and Chagall. There are also original paintings from artist like Johnny Botts and original collage pieces from the likes of Hilary Williams.
What makes this even more interesting is that Costco is willing to take the risk of re-entering this market with new collaborator Greg Moors of Art For Action base in San Francisco (artforaction@comcast.net). Why? Back in 2006 Costco sold Picassos that were later found to be of questionable authenticity. You can read more about the incident at: New York Times Article: Picasso's Daughter Says Drawing Is a Fake
Of course Costco is not the first retail chain to enter the world of high dollar art. The department store Sears sold more than 50,000 pieces of art  from the Vincent Price Collection of Fine Art from 1962-1971. In fact there is a very interesting YouTube clip of the Sear's employee training related to the sale of the Vincent Price Collection (Watch it at:Youtube Vincent Price Collection.)
You can read more about this story at: Studio 360- Big Box Retailers Get Into Art Market and see the collection yourself: Costco Fine Art Collection

The Blog does not create an attorney client relationship. LaSusa & Deb, PLLC is a law firm and the contents of this blog may contain legal information, but such information does not create a relationship between the reader and LaSusa & Deb, PLLC or any of its attorneys. Information herein is not guaranteed to be complete, correct or up-to-date nor does it reflect the opinions of LaSusa & Deb, PLLC. Please read full disclosure at the bottom of the page.  

The Dallas International Art, Antique, and Jewelry Show

Last week I was lucky enough to get VIP tickets for the International Art, Antique, and Jewelry Show.

An event like this provides a venue for over one hundred highly respected and renowned international exhibitors to showcase an extensive selection of fine art, antiques and jewelry. It was any avid collectors dream.  My friend and I were able to personally examine notable works such as several original Van Goghs, a few Monets, and a couple of Picassos over sips of complimentary champagne, cocktails, and tasty tidbits,.

 

With more than 200,000 items on display for purchase there was something for every type of high end collector. Items ranged from Asian Art & Antiquities, Furniture, Fine Jewelry, Paintings, Textiles, Sculpture, Clocks, Oriental Carpets, Glass, Bronzes, Political Memorabilia, and Antique Armor.

The event was definitely a great success with a glittering array of the most serious of Dallas' Collectors as well as the most reputable International Exhibitors.

The Blog does not create an attorney client relationship. LaSusa & Deb, PLLC is a law firm and the contents of this blog may contain legal information, but such information does not create a relationship between the reader and LaSusa & Deb, PLLC or any of its attorneys. Information herein is not guaranteed to be complete, correct or up-to-date nor does it reflect the opinions of LaSusa & Deb, PLLC. Please read full disclosure at the bottom of the page.  

Investor Visas- Friend of Foe for Entrepreurs Looking to U.S.

Programs like the EB-5 employment-based avenue for gaining a green card have arguably been extremely successful. These programs are designed to attract foreign investors, who are willing to put large sums of money into businesses that will create U.S. jobs. These investors can skip long wait times and do not have to worry about quotas. The U.S. economy benefits by the job creation created by this foreign investment. But why stop here?

With the U.S. economy so desperate for revival we don’t just need jobs, we need innovation- new ideas and talented people to help us regain the reputation for cutting edge and burgeoning entrepreneurship. Recently there has been a lot of buzz for revamping parts of the U.S. immigration policy to create Entrepreneurship Visas. It turns out that research at Duke University demonstrated that between 1995 and 2005, immigrants started roughly half of all of the startups in Silicon Valley. The job creation from these innovative companies can have a bigger impact than those created by the current EB-5 Investor Visa Program.

Why? Because these potential entrepreneurs will be starting businesses of their own, often times businesses with unique and novel ideas, whereas EB-5 applicants are often just investing in existing projects. Investors entering under the EB-5 program are investing with the primary goal of getting citizenship, not necessarily with the primary goal of starting a business.  They are not coming to the U.S.  just to invest here, because there are plenty of ways for non- citizens to invest in U.S. businesses without getting citizenship or even, for that matter, living in this country. Many would argue that the goal of EB-5 is to attract high net-worth individuals and give them citizenship, as long as they provide short term jobs (typically jobs that last 5 years at a minimum). In contrast, those who would come under the new proposed Entrepreneur Visa program would primarily want to come to this country and get citizenship for the express purpose of starting their business. The difference may seem subtle, but it is significant.

A new category would also allow immigrants on student visas to stay in this country if they start their own business. In this market, this may spur the starting of new business as a way to stay in the country, potentially creating new companies and jobs that would never have otherwise been created. Currently, employment-based types of status would not allow an immigrant to leave a job and start a company. This type of proposed Entrepreneur Visa could potentially create a more dynamic economy through this boost in competition. Immigrants on this type of Entrepreneur Visa would have a lot riding on the line- not just their business and their investment, but also their citizenship, which means they would be even more motivated to have their businesses succeed.

Admittedly, these types of proposed legislation, like those put forth in the Kerry-Lugar proposal, have come across important and relevant criticism for the amounts and types of investment requirements they suggest. Putting impossible restrictions on the amount and types of funding would make such an Entrepreneurship Visa program impractical and ineffective. If the standards for capitalization are so high that most new business would fail to meet them, then it cannot be reasonably expected that the program would attract the types of business innovators that would be needed to strengthen the vitality of the economy. 

Critics also rightly argue that even current programs like EB-5 and E-2 visas are far from perfect. This criticism is important because there are real downsides to the current program and much room for improvement. For example the current programs often allow minor children to come to the U.S. on their parent’s investor visa, but this is only till they reach 21. This means that minor children may upon reaching 21 be sent back to a home country they do not know. In theory this problem can be circumvented by the minor child applying for their own visa, however, U.S. officials are so back logged that the visa application for the child may itself take over 12 years. There is a good chance that may not be before the child turns 21. Additionally, visa renewals on E-2s for example, are not guaranteed. This means after sinking substantial funds into a business in the U.S. and creating jobs for U.S. citizens, visa holders risk that they themselves and their children may be sent home even after complying with all aspects of the program. This is a huge potential downside not to be taken lightly.

But the U.S. is not the only country starting programs like these. Other countries like Chile and Singapore have similar programs designed at attracting entrepreneurs as well. With the current political climate buzzing about immigration reform, the need for jobs, and the need to reinvigorate the U.S. economy with new and innovative ideas, this type of proposed legislation definitely gives us something to think about and chew on. 


The Blog does not create an attorney client relationship. LaSusa & Deb, PLLC is a law firm and the contents of this blog may contain legal information, but such information does not create a relationship between the reader and LaSusa & Deb, PLLC or any of its attorneys. Information herein is not guaranteed to be complete, correct or up-to-date nor does it reflect the opinions of LaSusa & Deb, PLLC. Please read full disclosure at the bottom of the page.  

Art and Law- The Hyder Collection

Last month I had the pleasure of attending a lecture, The Hyder Collection A Historical Retrospective of the Law Through Antiques and Art, with Elton M. Hyder. Mr. Hyder is the President and CEO of the EMH Corporation & the C&E F.L. Partnership. His parents created the Hyder Collection, a collection of legally inspired art pieces. When I attended the University of Texas School of Law the Hyder collection was housed in the UT Tarlton Law Library. I have many fond memories of taking study breaks to examine the artwork. Everything in the collection from cartoon sketches of famous judges and patriotic WWII posters to African tribal art pieces had an interesting piece of history to it. The wide and varied artwork that made up the Hyder collection created a unique library study experience for me and for many students before me, which is why it is so sad to see it go. It is hard to imagine what the new Tarlton Law Library will be like without this extensive and prestigious collection that for so long defined its character.

Listening to Elton Hyder speak about his parents and their passion for collecting art was also very touching. Elton's father, Elton M. Hyder, Jr., became the youngest attorney to prosecute war crimes for the United States, when he was posted as the Associate Counsel for the United States prosecution team during the Tokyo War Crimes Tribunal. It was this experience that started him on the path of collecting art that related to the practice of law. In 1981, when the Tarlton Law Library was remodeled, the Hyder Collection was first housed in the library. Later Elton Hyder's wife, Martha Hyder, added collections of kilim rugs, traditional African art, and bright Georgia O'Keeffe posters to add an atmosphere of warmth and hominess for students studying in the library.

Amongst the more interesting pieces were an exact replica of the arrest warrant issued by Queen Elizabeth for her sister Mary Queen of Scotts and the death mask of 20th-century British executioner Albert Pierrepoint. Albert Peirrpoint is believed to have executed an estimated 433 men and 17 women, including 200 Nazi war criminals after World War II.
I had the opportunity to view the collection one last time before it was put up for auction after Mr. Hyder's lecture. You can read more about the Hyder collection at: https://tarlton.law.utexas.edu/exhibits/hyder/index.html.

The Blog does not create an attorney client relationship. LaSusa & Deb, PLLC is a law firm and the contents of this blog may contain legal information, but such information does not create a relationship between the reader and LaSusa & Deb, PLLC or any of its attorneys. Information herein is not guaranteed to be complete, correct or up-to-date nor does it reflect the opinions of LaSusa & Deb, PLLC. Please read full disclosure at the bottom of the page.  

Just announced New Deferred Action for Childhood Arrivals Plan under USCIS

Nearly 900,000  immigrants will immediately benefit from the new Department of Homeland Security's "Deferred Action" plan. See general details about eligibility and requirements below. You can also find more information about the program on the USCIS official FAQ  page.

Who can apply?
Those immigrants may apply for deferred action if  they:

•  currently have no valid immigration status;
  
•  were under 16 when they entered the United States;
  
•  were 30 or younger as of June 15, 2012;
  
• lived continuously in the United States since June 15, 2007;
  
• have not been convicted of specified criminal offenses and pose no threat to public safety; AND
• are in school on the date the application is filed, have graduated from high school or earned a GED, or served in the military. 

 EXCEPTIONS: Only those who are currently 15 or older will be considered under this deferred application process, unless they are currently in removal proceedings or have a final order of removal or voluntary departure.

How much will the application cost?

There will be no fee associated with the  actual deferred action application itself. Applicants will have to pay an $85 biometrics fee and recipients of deferred action, who want a work permit, will have to pay an additional standard  fee of $380 for their Employment Authorization Document (EAD). More information on fee exemptions will be made available on August 15 once the program goes into effect.

When can immgrants apply?

Qualified immigrants may apply for deferred action by submitting a form no earlier then August 15th. Immigrants who are currently in detention must first contact their detention officer or the Immigration and Customs Enforcement (ICE) Office of the Public Advocate at (888) 351-4024.

What documents must be submitted with the application forms?

The typical application will require financial records, medical reports, school transcripts, GED certificates if applicable, employment records and military records to show eligibility. Affidavits are generally not be sufficient to show eligibility, unless they are being used to show that the applicant has been continually present in the United States since June 15, 2007.

Will information be kept confidential?

Information provided in the application, including information relating to applicants’ family members or legal guardians, will not be used for immigration enforcement proceedings according to DHS (Department of Homeland Security), unless the applicant meets the existing criteria for referral to ICE or issuance of a Notice to Appear (NTA) in immigration court.

Will applicants who are denied deferred action be put into removal proceedings?

DHS has stated that the administration will follow existing policies regarding initiating removal proceedings for those denied benefits for which they affirmatively applied. Under the November 2011 memo, immigrants will only be placed in removal proceedings if they:

• commit fraud during the application process;
  
• have been convicted of an offense making them removable from the United States; OR
• have been arrested for an “egregious public safety” criminal offense; or pose a threat to national security or are under investigation.

Will deferred action recipients be permitted to travel outside the country?

 If applicants wish to travel outside of the United States they must first apply for and receive “advance parole.” Advance parole is typically only granted for travel relating to humanitarian, educational, or employment purposes. By departing the country, however, immigrants who were previously unlawfully present in the United States for more than six months after their eighteenth birthday could face legal obstacles re-entering the country or applying for a green card in the future.

What types of criminal convictions will make applicants ineligible ?

• felonies: defined as any crime punishable by more than one year in prison,
  
• “significant” misdemeanors (see below), OR
  
• 3 or more other misdemeanors were sentencing was for more than five days in jail, not including minor traffic offenses. Convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered.

What is a “significant” misdemeanor?

Any misdemeanor, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail. This is not including suspended sentences and time held pursuant to an immigration detainer.

For more information see the USCIS official FAQ page. 

The Blog does not create an attorney client relationship. LaSusa & Deb, PLLC is a law firm and the contents of this blog may contain legal information, but such information does not create a relationship between the reader and LaSusa & Deb, PLLC or any of its attorneys. Information herein is not guaranteed to be complete, correct or up-to-date nor does it reflect the opinions of LaSusa & Deb, PLLC. Please read full disclosure at the bottom of the page.  

Welcome to our New Staff Member!

As our very first entry in our new online news & information blog I can think of nothing more appropriate then wishing our brand new junior associate Meredith Mandle a warm welcome to the LaSusa & Deb, PLLC family.

Meredith is a recent graduate from the Maurer School of Law in Indiana. She is an experienced world travel and scholar having studied in Ireland and China. Having worked extensively with Child Protective Services and with both refugees and victims of human trafficking Meredith understands the importance empowering her clients by going the extra mile.

We are proud to be adding Meredith to our team. Licensed in Texas she will be primarily  focusing on Family Law, International Adoptions, Immigration and Criminal issues.

The Blog does not create an attorney client relationship. LaSusa & Deb, PLLC is a law firm and the contents of this blog may contain legal information, but such information does not create a relationship between the reader and LaSusa & Deb, PLLC or any of its attorneys. Information herein is not guaranteed to be complete, correct or up-to-date nor does it reflect the opinions of LaSusa & Deb, PLLC. Please read full disclosure at the bottom of the page.