Author Archives: Site Administrator
The Power of Well-Drafted Church Bylaws
By H. Robert Showers, Esq. I. Introduction Fifty years ago, few people—especially churchgoers—would have dreamed of suing the church. However, the legal climate today has changed dramatically, and lawsuits against churches are increasingly common. Fortunately, every state except West Virginia now permits churches to incorporate.1 Incorporation is a powerful tool for churches and member… Read More »
3 Legal Strategies to Decrease Your Liability
By Kyle Winey, Esq. I. The Need for Liability Limitation We live in a highly litigious culture. Businesses, nonprofits, and other organizations are increasingly exposed to legal liability. For example, businesses increasingly fear the vitriol of litigious patrons—and for good reason. That’s why all businesses, nonprofits, and churches should take significant measures to protect… Read More »
Employee or Independent Contractor: Making the Best Decision from IRS guidelines
Since the dawn of withholding and the requirement that employers match Social Security and Medicare taxes and provide benefits for full time employees, there has been a struggle between employers and the IRS over whether a worker should be considered an employee or an independent contractor. In the past, courts and the IRS have… Read More »
Charitable Solicitation Registration-Why Register?
From the nonprofit fundraising scandals of the late 1970’s to the televangelist debacles of the 2000’s, charity scandals over the last few decades have led many state governments to increase their regulation of charitable fundraising. The most significant legislative response to the shifting nonprofit landscape is the charitable solicitation registration (“CSR”) statutes now enacted… Read More »
Church Third Party Uses: What You Don’t Know Can Hurt You!
Renting or allowing use of church and ministry facilities has many new added risks: child abuse liability, unwanted use purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, jeopardizing tax exempt status of property, entity or UBIT and getting dragged into court… Read More »
Fair Use Defense of Image and Excerpt Citation for Nonprofit Public Use
By H. Robert Showers, Esq. and William R. Thetford, Esq. February 25, 2022 Many businesses, organizations, and nonprofits have questions about what images they can use on their website. Especially when you are a nonprofit, when is reproducing an image fair use and thus not in violation of U.S. copyright law? The uncomfortable reality… Read More »
Credit Where Credit’s Due
In this detailed discussion of bunker credit issues, Steve Simms of Simms Showers offers a useful checklist for bunker suppliers when tasked with making sound credit decisions Back, back to the end of 2019. 0. 50% sulphur content bunkers would be the worldwide standard. Futures prices of very low sulphur fuel oil (VLSFO) were… Read More »
In the Loop – Scrubber Law for Bunker Providers
Supplying HSFO to scrubber-equipped vessels is not necessarily an ‘easy sell’. Steve Simms of Simms Showers takes a close look at the small print about scrubber use in maritime regulations and contracts. With more vessels using scrubbers and even more expected to use them, there already is increased regulatory and compliance focus on scrubber-equipped… Read More »
Fit For Purpose – Future Fuels and Contracts
Shipping’s energy transition is underway but the switch to new fuels will require a new commercial approach. Steve Simms of Simms Showers considers how bunker sales terms should be revised or written anew in the years ahead. With new marine fuels present in liquid natural gas, synthetic fuels, and others, the international bunkering industry… Read More »
Unseen enemy
“Going viral” describes the rapid spread of disease, as seen with the coronavirus outbreak, and has also been coined by the IT sector to describe computer cyberattacks. Steve Simms of Simms Showers considers the cyber security challenges facing the bunker sector. In 2017, World Health Organization experts wrote that ‘[f]ew doubt that major epidemics… Read More »