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In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers Image

Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers

Adam J. Schlagman

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' Image

Deals At Risk: Textron Opens Door to IRS Discovery of 'Tax Accrual Workpapers'

Anthony M. Sabino

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.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Court Watch Image

Court Watch

Alexander Tuneski

Highlights of the latest franchising cases from around the country.

Features

Revised FTC Guidelines: Blogger Beware Image

Revised FTC Guidelines: Blogger Beware

Kelly D. Talcott

Regular readers of blogs and other Internet-based sources of news and information know it's not unusual to see product reviews in these virtual venues. While the reviews sometimes appear to be careful, impartial journalism, other times the writer seems just a bit too enthusiastic about the post's subject matter. Of course, readers have good reasons to question just how impartial the authors of these reviews might be.

Features

e-Commerce Best Practices Image

e-Commerce Best Practices

Brett Tarr

This article addresses how e-commerce companies can get a handle on managing organizational information, and outlines processes for retaining and managing key business information that could be salient in legal proceedings, regulatory matters or compliance issues.

Features

CA Tells Franchisees to Withhold 7% from Franchisor Royalties Image

CA Tells Franchisees to Withhold 7% from Franchisor Royalties

Dirk Giseburt, Rochelle Spandorf & Jaymee Castrillo

The California Franchise Tax Board recently told California franchisees to begin withholding 7% of all lease and royalty payments to out-of-state franchisors that exceed $1,500 per calendar year.

Features

The FTC's New Endorsement Guides Image

The FTC's New Endorsement Guides

Alan L. Friel

The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.

Features

Apportioning Expenses and Benefits Upon Partition Image

Apportioning Expenses and Benefits Upon Partition

Stewart E. Sterk

When real property is held by two or more owners as tenants in common, joint tenants, or tenants by the entirety, termination of the cotenancy all too frequently generates litigation about the terms of the termination.

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