As we push forward the clocks and approach the busiest season of the year, fireworks retailers and display companies can expect an inspection from one, if not several, law enforcement and regulatory agencies. These inspections are deliberately timed to occur during your busy season due to the increased level of activity and are oftentimes unannounced…
What States Have Changed or Are Looking at Changes in Fireworks Laws Over the last few months many states have either proposed, or passed, changes to their fireworks laws, perhaps more towards the goal of generating new sources of tax income for starved budgets rather than due recognition of the full value of consumer fireworks….
It is important to understand the concept of subrogation before turning our attention to agreeing to waive subrogation. Suppose that fireworks debris injures a spectator situated too close to the display, and your fireworks display contract expressly provides that crowd control is the sole responsibility of the sponsor. The injured party notifies you of a…
It is important for every fireworks company to examine and proofread all published communications for purposes of completeness and accuracy, particular attention given to the wording and phrasing of all references to company affiliates, agents or others person located within the United States. With alarming frequency, website designers are ignorant to the fact that words…
Suppose that you obtain a judgment against a Chinese business in a court of law located within the United States; what can be done to enforce it? Possibly nothing, especially if the Chinese debtor has no assets outside China. Enforcement of any judgment across state lines is tricky enough in the United States; where courts…
Employers invest substantial amounts of time and money in developing employee skills and knowledge. Upon employment, access to company information, including confidential information, is available. Over time, some, if not most, of your employees will learn who your customers are, what they desire, where they are located, when they want it and why. As an…
Members of the display fireworks industry should cautiously take notice, and advantage, of the recent ATF determination to issue non-expiring variances for preloading of fireworks on trucks. The notice was contained in the December 2005 edition of ATF Explosives Industry Newsletter. According to the ATF, the variance will not have an expiration date; therefore the…
Let me start off by saying that the mid-Winter APA conference was an unqualified success, and it was great getting together with all the members. An interesting issue regarding the doctrine of subrogation arose, and so I thought this would make a fine topic for an article. There are two kinds of subrogation, conventional and…
The following question was sent in by a FB subscriber, and the issues referenced are common to most, if not all, members of the fireworks industry. I’m sitting here anxiously waiting on my Chinese vendor to get EX numbers assigned by PHMSA so that I can get delivery on time this year. And I’m quite…
Part 3 – The Ex-Number Approvals Program Donald E. Creadore, Esq. Shortly after the publication of the first article to this 3-part series PHMSA published its “Notice and Request for Comments on the Clarification of the Fireworks Approvals Policy” (“Notice”). Admittedly, any overlap is attributable to coincidence, if only for the fact that it normally…
