Julie Fershtman

Understanding the Legal Right of Publicity

With an ear-to-ear grin as you proudly sit astride your gleaming horse, you grasp a big blue ribbon. This photograph graces the walls of your home and can be seen in the homes of your relatives and friends. But what happens if, one day, a major equine goods manufacturer uses that picture on its products and advertisements nationwide — without your permission? Do you have any legal rights?

Possibly, yes. This article generally examines the legal right of publicity. (more…)

A horrible nightmare has come true. During a casual Sunday afternoon trail ride, your friend fell off your horse. Now, several months later, he is suing you. You know you have powerful defenses. The horse he fell from — your elderly and practically “bomb-proof” gelding — barely moves and has never thrown a rider. You distinctly recall hearing your friend say that he lost his balance as he reached to pick an apple while the horse stood grazing. He also told you that he was “100% OK” after he fell. Since the incident, your friend never missed a day of work, has no scars, and his life seems no different than it was before he rode your horse. (more…)

Nine Suggestions for Taking Your Corporation Seriously so that Others Will Too.

Who needs a corporation? Possibly, you. The corporation’s main benefit is that it can serve as a liability shield — that is, individuals running the corporation are typically immunized from personal liability for liabilities arising out of the corporation’s activities. This can be especially desirable if your equine business faces the risk of a lawsuit that could exceed even the highest liability insurance limits. The corporation is also desirable if you seek to protect your personal assets from obligations or debts of the corporation.

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