Under California Law Kris Humphries “Presumed Father” of Kim K.’s Baby!?!
“Sometimes Love Comes Around and It Knocks You Down…”
“You should leave your boyfriend now, I’m a ask him,” would be interesting if Kanye West wrote that line in reference to Kris Humphries.
The whole Kanye, Kim Kardashian, and Kris Humphries love triangle has been getting a lot of attention in the media lately. Did you know that underCalifornialaw biology does not necessarily determine the paternity of a child? InCalifornia, there is a rebutable presumption that the woman’s husband is the father of any children born into their marriage.
Assuming Kim Kardashian is still legally married to Kris Humphries when she gives birth in June, under Californialaw Kris would be the “presumed father.” Kim K. can overcome this presumption by presenting “clear and convincing evidence, such a as a DNA test, that Kanye is the biological father of the baby. For Kim, Kanye, and Kris sake lets hope the terms of the divorce or annulment gets finalized before June. Otherwise, we may hear Kanye rapping these lines from the Keri Hilson song Knocks You Down, “Woe is me. Baby this is tragic.”
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J. Paye Celebrates Black History Month by Profiling Olympian Khadevis Robinson
Khadevis Robinson – Olympian, 8 Time National Champion & Motivational Speaker
Eight times USA National Champion, Olympian athlete, motivational speaker and inspiration, Khadevis Robinson is truly the modern day ‘Renaissance Man.’ Last year, J. Paye had the opportunity to speak with the 2012 Olympian while he was in the process of moving into his new home. He was gracious enough to answer a few questions and dished out all the details about qualifying for the United States 2012 Olympic track team, life and his inspirations.
In 2008, Robinson qualified for the Olympic Trails however did not make the team because he placed fourth in a qualifying race when he needed to be in the top three. Nonetheless, he did not let what he described as one of the most disappointing moments of his career get him down. He spent the last three years training just as hard, pushing himself to his limit and made the 2012 Olympic team. Although, once he got to London he did not make the semifinals he states, “There are no failures or mistakes. There are only lessons!”
It is his positive out look on life that makes him a phenomenal motivational speaker. He uses defining moments from his life to uplift others. For instance, while in college Robinson’s stepfather pasted away and it devastated his mother. Devastated her to the point that he believed that he needed to drop out of school and abandon a promising track & field career to take care of her. It was a conversation with his biological father, who was an absent figure in his life that aided him in making his decision. His father told him to pray, and after Khadevis prayed his prayers were clearly answered.
It is his spiritual beliefs that give him his positive outlook on life. He stated, “Everything in life has a purpose, every human has purpose.” He believes we all have an Olympian within and should release our inherited skills. Given that he is a motivational speaker he has to keep himself motivated if he wants to motivate others. He does this by constantly reading books, quotes and poems; he listens to and watches the CD’s andDVD’s of Les Brown, Jim Rohn, Zig Zigler and Tony Robbins. He also watches motivational movies and listens to motivational songs.
Every person wants to leave behind a legacy. The legacy Robinson wants to create is that every person he has crossed paths with says that he made a positive impact or influence on their lives. His legacy, which is rooted in his spiritual belief, is “We are all one.” So, if we are all one, when we are helping another person, we are actually also helping ourselves.
For more information on Khadevis Robinson check out http://www.khadevis.com/. Remember that WE ALL HAVE A STORY! Let’s share it with the world.
“Awaken Your Olympian Within.”
Connect with Khadevis on twitter
Khadevis Dreams Motivational Video
J. Paye in Brief
As an attorney and entrepreneur each day is filled with unique challenges that I need to resolve. On the day, that I interviewed KD for the J. Paye in Brief blog I was drafting a complaint for particularly complex client matter. While on the phone, I listened to KD describe his life story and how he overcame many obstacles in his career as a track & field athlete and Olympian. His motivational words gave me renewed energy to tackle the client matter. He is truly a motivating individual.
After each interview for the J. Paye blog, I gain new insight. During our conversation, Khadevis stated that when he first started building his brand he did not copyright the motivational videos and book he produced and published on his website. Prior to meeting me, many of my entertainment clients fail to copyright their song lyrics, screen plays, graphic designs and other materials.
Copyright registration is permissive. A person can still initiate a copyright infringement suit for original works of authorship (material) they created, but have not registered with the copyright office. However, copyright law provides certain incentives for individuals to register their work. An individual who has registered his work can request an award of reasonable attorney fees. Generally, a person involved in litigation can only seek to recover attorney fees if it is provided for by statute or contract. Additionally, having a copyright registration is prima facie evidence of the validity of the copyright. As I stated in prior blog posts, an individual can apply for copyright registration electronically by visiting copyright.gov and paying a $35 filing fee.
Contact J. Paye & Associates with specific questions you have pertaining to copyright registration or infringement.
Judge Vacates $8 million dollar judgment against Belo of Do or Die
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J.Paye Introduces Jadine Joseph
Jadine Joseph is a 21 year old aspiring lawyer that attends Howard University. This past summer she participated in the 2012 WEEN (Women in Entertainment Empowerment Network) Academy. Through WEEN each young woman received a virtual mentor, Jadine’s mentor is Johnetta Paye, Founder of J. Paye & Associates Law Firm. Jadine is currently the Marketing, Public Relations and Social Media intern for the firm.
J. Paye in Brief
“We make a living by what we get, we make a life by what we give.” – Winston Churchill
Throughout my life I have had many mentors who help to shape my legal career. This summer I had the opportunity to give back and help guide another young lawyer in the making. I was selected to be one of the virtual mentors for the WEEN Academy. WEEN is a three week program that WEEN academy is, the first program of its kind, to rigorously groom young women ages 18-22 to be the next entertainment executives and moguls.
My mentee was/is Jadine Joseph a senior at Howard University. When I first learned Jadine was my mentee I was surprised at how much we had in common. We are both raised in immigrant homes. Jadine was born in Grenada and emigrated to theUnited Statesat an early age. I was born in theLiberiaand came to theUnited Statesat the age of three. Both Jadine and I dreamed of being a lawyer when we were nine years old.
More than our similarities….Jadine’s ambition and drive really impressed me. The WEEN Academy students first assignment was an evaluation of how quickly they respond to introductory emails from business contacts. I sent an introductory email to Jadine and within 24 hours I had a lengthy email response back. Jadine has continued to amaze me with her talents. Currently, she is the social media, marketing and PR intern for J. Paye & Associates. This week’s blog post topic was to be a profile of Jadine, the WEEN academy and having me as a mentor. On Wednesday night Jadine, stated she decided to tell her story in a video that she produced and edited. I though the video was a true representation of Jadine’s personality…entertaining, youthful and vibrant. The video also captured Jadine’s love of the fashion, music and entertainment industry.
Throughout the mentorship experience Jadine has surprised me by thinking outside of the assignment guidelines and brining innovated and bold ideas. Not only, is Jadine a self starter who takes initative, she is also a leader and influencer. It was no small task for her to organize a small group of her peers to help her produce a video describing her WEEN experience for the J. Paye in Brief blog. Jadine has a promising future ahead of her. I am glad that I was given an opportunity to be one of her mentors and help hone the abundance of talent that she possesses.
I usually end my section of the blog post with legal insight. This is one of the frequently asked questions I get from my film production clients…when can I display a trademark or video in my music video or film. The answer is when you have a license or permission from the owner of the trademark or logo. If you do not have permission then do not include the trademark or logo in the shot. Additionally, when producing a video make sure you license any music contained in the video or use royalty free music.
The insight I would really like to leave readers with this week is the importance of mentoring. Mentoring is a great way to really make an impact in someone else’s life and is a truly rewarding experience. Enrich someone else’s life by becoming a mentor.
Exclusive interview with Ed Neufville as he speaks about his Olympic experience
Since July 27th, people around the world have been glued to their television screens watching the London Olympics. J.Paye has had the pleasure of chatting with past Olympian, Edward W. Neufville, III, who ran track for Liberia in the 1996 Atlanta Olympics. Neufville describes himself as a passionate, persistent, and competent immigration and international law attorney and entrepreneur.
Let’s rewind 16 years and 4 Olympic competitions to the 1996 Olympics in Atlanta. Then, 19-year-old Neufville was a student at the University of North Carolina at Chapel Hill (UNC) where he ran track. On his collegiate track team were several American and international students who also competed in the Olympics. In the months leading up to the 1996 Olympic Games, the Liberian Olympic track team assembled in Jefferson, Georgia and began training as a team. Each day, they would train from nine in the morning to noon then again during the evening hours perfecting their technique, weight training and sprinting. According to Neufville, “I felt very blessed, honored and fortunate to have competed at the Olympic Games for my country, especially at such a young age. It was a feeling of accomplishment and also a feeling of giving back to Liberia. Liberia was in the midst of a civil crisis in 1996. The opportunity to represent Liberia and provide a positive picture of Liberia was very satisfying. It was out of this world!”
In April of 1996, three months prior to the start of the Olympic Games, a civil conflict reignited in Liberia. The team lost complete contact with their Olympic committee and officials. Together, as a unit, they persevered by serving as their own negotiators. Although they did not make the Olympic finals, the team placed 24th out of 38 teams.
Other than making the Liberian Olympic team, Neufville accomplished much more during his athletic career. From 1991-1995, Neufville won four individual state championships in South Carolina and set the South Carolina high state record in the 400 meters hurdles. His most defining moments as an athlete were when the Liberian national team set records in the 4×100 sprint relays in 1996 Olympics and the 1997 World Championships in Athens, Greece. These were memorable because of the ties and camaraderie that existed between him and his teammates. Another defining moment was running the relay in 1997. Neufville stated that he had a hairline stress fracture in his lower back days leading up to the race and could not walk. However, he persevered because he did not want to disappoint his teammates. The team set a national record that helped to restore the image of Liberia. Another moment he speaks of fondly, was when he placed 3rd in the 55 meters sprint at the Atlantic Coast Conference Indoor Championships because he was not expected to make the finals.
In October of 2008, Neufville was inducted into his high school’s Athletic Hall of Fame in Sumter, South Carolina and the University of North Carolina-Chapel Hill’s Track and Field & Cross-Country Hall of Fame in January of 2007. Within every profession come highs and lows, Neufville most disappointing moment or moments is how frequently he got injured. As he says, “I ran most of my collegiate years either injured or recovering from an injury.”
Now, let’s fast-forward to today. Neufville expresses that the most memorable moment of the 2012 Olympic games is the opening ceremony or the “Parade of Nations”. He warmheartedly recalls 16 years ago, as a 19 year old, walking into the Atlanta Olympic Stadium as a member of the Liberian Olympic Team. “The feeling you get when your nation is introduced is one of a kind.” Other favorite moments of the 2012 Olympic games thus far is the flawless performance of Gabby Douglas in the all round gymnastics competition and the Men’s’ 10,000 meters race with Great Britain’s Mo Farah and training mate, American Galen Rupp, which was team work at its best.
J.Paye in Brief on Endorsement Contracts for Athletes
Negotiating favorable terms into an endorsement or sponsorship contract is about “The Art of the Deal” The more name recognition or fan base an athlete has gives the greater negotiating power.
Many of the Olympic athletes who will be offered endorsement deals are young adults or in their teens. As such, the morals clause is going to be a big negotiating point for these athletes. A morals clause allows the company to terminate the athlete for an act that significantly devalues the endorsement or embarrasses the company. Here, the athlete will want to make sure the contract stipulates what behavior/conduct is prohibited by the endorser. The last thing an athlete would want is to obtain a multi year endorsement deal that is cancelled because he or she engaged in behavior not specifically defined in the contract. All I can say to this is think Michael Phelps and the infamous bong photos. An athlete will want to make sure the morals clause allows them to terminate the contract when the company engages in immoral behavior. An athlete does not want their brand to be associated with a company that has engaged in consumer fraud or some other unethical activity.
The athlete wants to make sure the contract specifically defines the compensation terms. With good legal representation the athlete can negotiate creative compensation structures. For example, maybe the athlete forgoes a large upfront payment and instead opts for stock or ownership rights in the company. Think Rapper 50 Cent and the Vitamin Water deal. This type of compensation structure works well with start-up companies vs. mature establish companies. Another important provision of endorsement contracts it the exclusivity clause. An athlete does not want this clause to be so narrow preventing them from obtaining other endorsements.
Lastly, Athletes want to remember that they are the brand and should take steps to protect their intellectual property. Athletes may want to trademark unique nicknames they are recognized by in their respective sports.
Superbowl Champ Talks NFL Head Injury Lawsuit
Now I think ya going to see a guy who will go that inch with you. Your gonna see a guy who will sacrifice himself for this team, because he knows when it comes down to it your gonna do the same for him. That’s a team gentlemen, and either, we heal as a team, or we will die as individuals. That’s football guys, that’s all it is. – Al Pacino, Any Given Sunday
Troy Pelshak In Brief
When Troy Pelshak started his rookie year with the St. Louis Rams in 1999, the team had the worst record in the league. The year before his rookie season the Rams won four out of sixteen games. At the start of the 1999 – 2000 season, the Rams had the longest shot at winning Superbowl XXXIV. According to Pelshak, the Rams could not get its team combination correct. Throughout his football career he had never played linebacker or on the defensive line. The Rams coach, Dick Vermeil decided to position Pelshak as an outside linebacker and defensive end.
Vermeil’s coaching decisions proved effective because the Rams started beating teams left and right and putting up amazing numbers. Pelshak said, “the crowning victory [of that season] were they were able to win [the Superbowl] for a great coach.” He described the feeling of winning the Superbowl as “becoming the president” there is no higher achievement that can be met.
The game of football is adversarial at every level. There is the contract negotiation with the player and the team that is seeking to sign the player. The main element of an NFL contract is the money is not guaranteed. The only money that is guaranteed is the money up front. The NFL is the only sport where this is the case. A team can void the player’s contract at any time.
Pelshak’s time in the league taught him many valuable lessons. He recommends that players structure themselves as a business, by forming corporations. He suggests that players conduct all business transactions through their company, including having the NFL sign the corporation rather than the player. Pelshak says this will limit the player’s personal liability on contracts. He also advises players to partner with a good attorney that has the legal acumen to protect the player’s corporation and brand.
The images we see of the NFL portray its glamorous side, but at its core it is a game embedded in risk and uncertainty. Last week, over 2,000 NFL players filed a consolidated master complaint against the NFL. The complaint alleges, “The NFL, like the sport of boxing, was aware of the health risks associated with repetitive blows producing sub-concussive and concussive results and the fact that some members of the NFL player population were at significant risk of developing long-term brain damage and cognitive decline as a result.”
During our phone interview, Pelshak said he does not know who is liable in the NFL head injury lawsuit. He stated the “NFL approves the best equipment out there.” In response to the lawsuit, the NFL stated that, “The league in partnership with the NFL Players Association has spent more than a billion dollars on pensions, medical and disability benefits for retired players.” Pelshak pointed out that retired NFL players have to make monthly payments to maintain certain benefits…it’s similar to COBRA. The issue is that many former players cannot afford to make the payments to continue the long-term disability coverage offered by the League. This is because scores of formers players earned less than $100,000 or have lost most of the money they earned during their time in the league.
J. Paye In Brief
Troy Pelshak offered several ways players can protect themselves during his interview. Forming a corporation does provide certain benefits. A player should talk to a knowledgeable business law attorney to evaluate whether forming a business entity is in his best interest. A player can protect himself by having a lawyer review and negotiate terms into his business contracts that limit his personal liability.
The NFL head injury lawsuit is complicated on many levels. The players will have to show the multiple head blows and concussions they sustained during their NFL career caused their head injuries. This is going to be difficult because, the players in the suit could have experienced head trauma during their high school or college football careers that could have caused the symptoms and illnesses described in the complaint. Additionally, the players could have engaged in activities after their NFL careers, which could be the source of their injuries.
Each team self reports the number of concussions suffered by each player on the team to the League. The problem is not every concussion gets reported to the League. The players in the suit will have to show the law imposes a duty on the League to protect players from unknown concussions and sub-concussions.
In 2010, the NFL earned about $9 billion in revenues. The NFL is facing the possibility of paying billions of dollars in damages to the over 2,000 named plaintiffs, who are growing in number everyday. With this level of liability, the NFL will seek to end this case in the early stages. Both the NFL and Riddell have until August 9, 2012, to file a responsive pleading, which will most likely be a Motion to Dismiss.
Many of the players in the suit sacrificed themselves physically, for their team, the League and fans. The outcome of this lawsuit will determine if the NFL will be able to heal as a team or if players will continue to die as individuals as they struggle with cognitive complications like depression, paranoia, panic attacks and early-onset dementia.
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