Features
Fundamental Issues in U.S. Taxation of Foreign Entertainers and Athletes
Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.
Features
'Consent to Assignment' Clauses
Last month, in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. Insurers rarely offer their consent to assignments. The discussion concludes herein.
Features
Finalizing a Divorce? Wait, Just One More Thing '
It should come as no surprise that, at the end of all the legal and emotional wrangling in finalizing a divorce, clients (and, often, their lawyers) are loathe to tackle issues addressing end-of-life. But estate planning is a must.
Features
Admitting New Partners and Classes of Partners As the Demand for Legal Services Continues to Lag
A new survey of law firm leaders reveals that partners at a majority of the firms don't have enough work, and that demand for legal services is lagging behind pre-recession levels. Yet, despite this gloomy assessment, law firm leaders report that their partners are resistant to change.
Making Informed Choices about the Deep, Dark Web
A majority of Internet traffic and online data lives beneath the surface of the Web as we know it. In the darkest, hidden recesses of the Internet, individuals engage in illicit activities and cybercrimes, but also in substantial activism, journalism and sensitive communications.
Features
Create a Unified Team By Integrating Your Talent Functions
As firms strive to maximize operational efficiencies and increase the effectiveness of recruiting and retention across the talent spectrum, many are evaluating how to best align their talent function to the firm's values and business objectives, essentially with the common goal of delivering excellent client service and enhancing employee career satisfaction.
Antitrust and Corruption
In March 2016, nine Brazilian executives received prison sentences from a Brazilian court ranging from 10 to 19 years for their roles in the $35 million Petrobras Scandal, a scheme among construction and engineering companies to submit fraudulent bids to, and bribe agents of, the state-owned oil company, Petroleo Brasileiro SA (Petrobras). Several former Petrobras directors and a manager were also sentenced, some to more than 20 years in prison.
Features
General Jurisdiction After <i>Daimler AG v. Bauman</i>
As noted last month, the Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> profoundly altered the law of personal jurisdiction when it held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home." The discussion concludes herein.
Features
Valuable Information Security Lessons from <i>Olympus Mortgage vs. Guaranteed Rate</i>
Earlier this year, a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for its claims against Guaranteed Rate, which alleged Guaranteed ' along with other former employees of MOMC ' illegally transferred hundreds of loan files from MOMC's internal systems to Guaranteed. The award is notable for showcasing how important it is for a company to maintain control of its data security, both from external threats and employees.
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MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›