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LawGram Volume 9, No. 2

Table of Contents


The Jobs Creation Act of 2004 (the “Act”) included the investment incentives available to investors in the entertainment industry. The first is provided under Section 181 of the Code and deals with the tax treatment of certain qualified television and film productions. The second incentive program is available under Section 199 of the Code. Section 199 provides a reduction in taxable income generated by a qualified film. While the incentives were scheduled to expire at the end of 2009, the recent federal rescue package, passed by Congress on October 3, 2008, extended Section 181 to apply to the cost of any qualifying film and television productions commencing before 2010. Additionally various states have enacted tax incentive programs to promote the entertainment industry in their states.


The Federal Trade Commission and Sears Holdings Management Corporation have recently entered into a settlement agreement to resolve what the FTC characterized as unfair and deceptive practices regarding Sears website privacy policy disclosures. The FTC stated in its complaint that Sears implied in its website privacy policy that it was tracking “on-line browsing” of visitors to its website when, in fact, it had downloaded software on each registrant’s personal computer and that software was doing much more than browsing. The FTC argued Sears did not adequately describe in its privacy policy and website terms and conditions what the software application was actually doing and the types of information it was gathering.


We at Levin Ginsburg want to thank everyone who took the time to respond to the survey we sent out earlier this year regarding topics of interest for our 30th Anniversary Symposium. We appreciate the time spent to respond and to provide us with topics on which they would like to have us present. The information gathered from the survey was very helpful and is being used to plan for our 30th Anniversary Symposium. The planning continues and later this summer announcements as to topic, time and place will be sent to oure-mailcontact list.