The latest rulings of interest to your practice.
January 01, 2004ALM Staff | Law Journal Newsletters |
Are ethics programs no longer optional but mandatory? If the program is not good enough, is that fact itself the basis for liability? A recent civil case filed by the creative health care prosecutors in the U.S. Attorney's Office in Philadelphia asserts that a company's "ineffective" compliance program satisfies the scienter requirements of the civil False Claims Act (FCA).
January 01, 2004James J. GrahamRecent hearings of a subcommittee of the Senate Committee Governmental Affairs have again focused a harsh spotlight on the abusive use of tax shelters. As if to stress the point, On Dec. 29, 2003, the Treasury Department proposed changes to Circular 230 that "set high standards for the tax advisors and firms that provide opinions supporting tax-motivated transactions."
January 01, 2004Harvey M. Silets and Jonathan S. FeldRecent rulings of importance to you and your clients.
January 01, 2004ALM Staff | Law Journal Newsletters |Recent rulings of importance to you and your clients.
January 01, 2004ALM Staff | Law Journal Newsletters |In Twin Lakes Development Corp. v. Town of Monroe (NYLJ 11/21/03, p.19, col. 5), the New York Court of Appeals addressed an issue that has been unresolved in New York since the United States Supreme Court's 1994 opinion in Dolan v. City of Tigard, 512 US 374: Can a municipality collect a payment in lieu of parkland dedication as the price for approving a subdivision when the municipality has not made an individualized determination of the need for recreational facilities generated by the proposed subdivision? The court had little difficulty upholding the fee, raising two further questions: first, will the court's decision survive scrutiny by the United States Supreme Court, and second, what constitutional limits remain on a municipality's power to impose fees on developers?
January 01, 2004Stewart E. SterkRecent rulings of importance to you and your clients.
January 01, 2004ALM Staff | Law Journal Newsletters |Recent rulings of importance to you and your clients.
January 01, 2004ALM Staff | Law Journal Newsletters |Section 363(f) of the Bankruptcy Code provides an extraordinary tool to trustees and debtors in possession -- the ability to sell property "free and clear." This unique power, unavailable to a seller outside bankruptcy, not only facilitates the tasks of liquidation or reorganization, but it may even be the critical incentive for entering bankruptcy in the first place. It has now become the principal focus of many Chapter 11 cases.
January 01, 2004Jack L. Smith and Erin L. Connor