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Below are collections of articles and blog posts we have written that provide valuable information on various legal topics such as immigration, marriage, business practices and more. Follow us to receive notifications when new articles or blog posts are released.

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Beware of Scams Asking You to Purchase a Copy of your Recently Filed
November 20, 2013

Beware of Scams Asking You to Purchase a Copy of your Recently Filed Deed

WHY BECOME A U.S. CITIZEN? FEDERAL BENEFIT PROGRAMS LIMIT ELIGIBILITY
September 17, 2013

Every year the U.S celebrates Citizenship Day on September 17th. In honor of Citizenship Day, we would like to point out some public benefits available to citizens that may be limited or unavailable to noncitizens. This list addresses larger federal programs, but is not exhaustive of all benefits available to citizens.

Wash Sales and How to Avoid Them
June 18, 2013

Many investors, both individuals and professionals alike, have certain tendencies. One of these tendencies is to trade in and out of the same set of securities, often because of the investor's familiarity with those securities and perceived improved sense of their value. A second tendency is to "sell low", which is the opposite of what many advisors may encourage you to do but is what so many investors do, including at the bottom of the recent stock market crashes. A third tendency is to "tax-loss" harvest, which is the practice of selling a sufficient amount of securities, held in a taxable account, to offset your capital gains and have $3,000 of additional capital losses, which is the maximum amount that you can deduct against your earned income in most circumstances.

WATCH WHAT YOU SIGN IN TENNESSEE! RECENT CASE HOLDS INDIVIDUAL LIABLE
April 16, 2013

Those who sign in a representative capacity on behalf of a corporation or other entity need to take note of the holding in Reginald M. Mudd et al v. Rexford L. Goostree, Jr. et al, Tennessee Court of Appeals Case No. M2012-00957-COA-R3-CV, decided April 5, 2013. In a suit to recover rent due and owing under a lease agreement in which a corporation was named as a tenant, the Tennessee Court of Appeals affirmed judgment in favor of a landlord against an individual who had signed a lease in the space of the signature box designated "Tenant." Even though the corporation was named as Tenant in the lease, at the signature box, Mr. Goostree signed as follows: Tenant: REX GOOSTREE, JR. by Rex Goostree, Jr. (italics where handwritten). The Court held that this was "a clear and unambiguous designation of [Mr. Goostree] as the Tenant on the lease agreement." The Court decided not to entertain other evidence of the parties' intent, indicating that "only if a contract is ambiguous does a Court look beyond the four corners of the document and consider evidence of the parties' intentions." Not only is Mr. Goostree liable for the lease and late fees, but also for the Landlord's attorneys' fees at trial and on appeal.

The Right to Resell Books Upheld
April 5, 2013

Under U.S. Copyright law, and particularly 17 U.S.C. § 109, the legal purchaser of a work protected by a copyright has been allowed to resell that work pursuant to the "first sale" doctrine. The buyer could not make copies and sell them, but could legally resell the original work.

In contrast, 17 U.S.C. § 602 mandates certain restrictions upon the importation in the United States of copyrighted works acquired outside the United States, without the authority of the owner of copyright.

Kirtsaeng had moved from Thailand to attend college in the United States. While attending college, and to lower the cost of textbooks, his family legally bought textbooks in Thailand, and shipped them to Kirtsaeng in the United States. Kirtsaeng then resold those books at a profit.

What You Can Do to Prepare for Immigration Reform Now
March 11, 2013

Comprehensive Immigration Reform is still at the beginning, but it is never too early to start preparing. While it is up in the air whether comprehensive reform will have a pathway to citizenship, we know that if there is a pathway there will be tough requirements to "earn" citizenship. With what we do know about any possible pathway, there are a few things that undocumented immigrants can start doing today to make things easier when and if reform passes:

IC-DISC's--Still a Great Option Even with Benefits Diminished in 2013
March 7, 2013

Congress extended the IC-DISC benefits, although changes in tax rates beginning January 1, 2013 have somewhat diminished the tax savings.

COMPREHENSIVE IMMIGRATION REFORM
February 25, 2013

Recent developments regarding comprehensive immigration reform in our nation's capitol are intriguing, but the plans are still in infancy and vague. On January 28, 2013 eight U.S. Senators, led by Sens. John McCain (R-Ariz.) and Chuck Schumer (D-N.Y.), unveiled the outlines of an immigration plan. The statement of principles is rather broad. It sets out "four basic pillars": 1) a "tough but fair path to citizenship . . . contingent upon securing our borders and tracking whether legal immigrants have left the country as required"; 2) reform our legal immigration system with a greater eye toward our economic needs; 3) workplace verification; and 4) setting up a system for admitting future workers. In essence, the eight senators acknowledge that the U.S. cannot deport the 11 million (or any substantial fraction thereof) undocumented immigrants. The outline can be found here: http://tinyurl.com/bfksdrp. The Senate Judiciary Committee is holding hearings on immigration reform in February, and some expect a bill in March 2013.

STEP AWAY FROM THE COMPUTER - SOCIAL MEDIA IN LITIGATION
February 12, 2013

In today's information age, it is not new advice that content posted on Facebook, YouTube, Twitter, Linkedin and other online forums is generally open to the world to see. In an October, 2012 blog post, Facebook claimed to have one billion users. Postings on these social media websites, many of which are updated on a daily if not hourly basis, are a modern, electronic form of communication in a highly public forum. Social media is proving to be a hot source for evidence in litigation. When these communications become relevant in litigation, they are, to the consternation of users, discoverable regardless of the privacy policy of the social media website. Even more importantly, these communications are discoverable even though the user or poster believed that the posting would be confined to the private social media page or account. These postings contain a wealth of personal information, and litigators can use these resources to find evidence helpful to prosecute or defend a claim, to impeach a witness, or even to assist in the selection of a juror.

Is Child Support in Tennessee Fair?
January 8, 2013

Lately, as an almost exclusive domestic law attorney, I hear questions as to whether child support is "fair". In this law firm, you will often times hear that the only thing fair in life is "fair skin, fair skies and the place you put your prized pig". It did not take long to figure out in this business that although the intentions of the law are to be fair to the parties, ultimately, it is rare, absent an agreement, that the parties feel they got a fair deal. Child support is one of those categories. With the divorce rate and children born out of wedlock rate, many people at least know of someone who has to deal with a child support issue, and/or are dealing with one of their own. Unfortunately, this knowledge typically influences new clients to feel like they know what is "fair".

Grant Konvalinka & Harrison, P.C., serves clients in Tennessee cities such as Chattanooga, Cleveland, East Ridge, Red Bank, Jasper, Collegedale, Athens, Decatur, Altamont, McMinnville, Manchester, Dunlap, Winchester, Fayetteville, Soddy-Daisy, Etowah, Dayton, Charleston, Tullahoma, Fort Oglethorpe, Dalton, Chatsworth, Calhoun, Summerville, Lafayette, Ringgold, Chattanooga Valley, Chickamauga, Tunnel Hill and Trenton.

Counties: Hamilton County, Bradley County, McMinn County, Sequatchie County, Grundy County, Franklin County, Coffee County, Warren County, Dade County, Catoosa County.

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