Features
The 'Revised' Employee Free Choice Act
Over the past several months, behind-the-scenes "legislative wrangling" has led to several proposed modifications to the poorly titled Employee Free Choice Act ("EFCA"), a bill currently pending in both the House and Senate. Here's what to do.
Features
Employment Arbitration: It Takes Two to Tango
Countless employers have promulgated arbitration agreements to take advantage of the perceived benefits of arbitrating employment-related claims, including the absence of a jury, the efficiency of resolving claims in an arbitral forum and the reduced or eliminated publicity resulting from employment claims.
Features
Employment Rights and Returning Armed Forces Members
The United States Department of Justice (DOJ) recently increased enforcement efforts against employers believed to have discriminated against armed forces members returning from active duty and seeking to reenter the civilian workforce. Here's what you need to know.
Features
The Travel Act and Overseas Commercial Bribery
The dishonored act of bribery is a basis for doing business in many places, and continually forces those who operate in the international marketplace to choose between risking the loss of business opportunities and engaging in activity that can easily come under the scrutiny of governmental authorities.
Features
Supporting Struggling Tenants
The first part of this article discussed four factors that a landlord should consider when negotiating rent deferral for a struggling tenant: verifying financial distress, lender requirements, short-term relief, and landlord acceleration rights. The conclusion herein addresses the remaining four points.
Features
In the Spotlight: Negotiating a Rooftop Antenna Contract
This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
Features
Pension Funding: A Program to Maximize Pension Growth and Limit Volatility
When a Pension is addressing its liabilities and assets, it is important that it present a simple, straightforward way to fund for the future for its participants in a meaningful and effective manner. The volatility of the markets since 2007 has increased demands on the Pensions, as an uneasy balance of influences and the Pension Protection Act of 2006 have required increasing funding levels to meet mandated levels.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers
If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, ("the Graves Amendment"), does not pre-empt actions alleging vicarious liability with respect to "delivery equipment" that does not contain a motor.
Features
Deals At Risk: Textron Opens Door to IRS Discovery of 'Tax Accrual Workpapers'
SILOs underlie a confrontation between a taxpayer and the IRS in the new First Circuit case of <i>United States v. Textron Inc.</i> But that decision was not just about the legality or taxing of such leases. Rather, it has grave consequences on a far more sweeping issue: the inability of taxpayers to shield from disclosure so-called "tax accrual workpapers," documents typically prepared by in-house tax attorneys that set out in detail sensitive areas of tax liability.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›