Features
Fundamental Issues In U.S. Taxation of Foreign Entertainers and Athletes
The United States taxes its citizens and resident aliens on their worldwide income; nonresident aliens are taxed on their U.S. source income and income that is effectively connected with a trade or business in the U.S. These seemingly simple terms have spawned volumes of regulations, rulings, cases and articles, the essence of all of which is to determine who is subject to tax in the U.S., and on what. This article introduces the U.S. federal income tax issues.
In the Courts
On April 8, the Seventh Circuit reversed the conviction and ordered the acquittal of David Weimert, a former executive at AnchorBank, on five counts of wire fraud related to a real estate deal he negotiated in 2009. Here's a look at the ruling.
Features
'Best Efforts,' 'Commercially Reasonable' and Other Terms No One Understands
In this article, the authors explore why vague contractual terms are routinely used, explain how they have been inconsistently interpreted by the courts, and offer some practical tips to minimize the havoc ambiguous terms can wreak.
The Panama Papers: A Small Part of a Larger Challenge?
The Panama Papers has become a new buzz phrase. Information contained in the Panama Papers ' the unprecedented leak of 11.5 million internal documents from the Panamanian law firm Mossack Fonseca ' illustrates the dangers of noncompliance for U.S. taxpayers and for citizens of other countries with whom the U.S. has exchange of information agreements.
Columns & Departments
<b><i>e-Discovery and Security</b></i> The Inevitable Reinvention of the e-Discovery Industry
The e-discovery industry is on the precipice of major change yet again, and this time it is all about security. What will distinguish the winners from the losers in the next few years will be an organization's ability to do one of three things: consolidate, innovate or reinvent.
Features
Exit Strategies: Think Like a Start-up
Whether businesses sell hard goods, license technology or dispense advice ( e.g. , law firms), the common thread is that they are all businesses founded by one or more individuals, all of whom will someday exit the business. Law firms are businesses, and all too often partners and founders lose sight of that basic premise.
Features
'Consent to Assignment' Clauses Held Unenforceable
After a loss, an insurance policy's consent-to-assignment clause is unenforceable. In fact, California, which had until recently been in the minority on this issue, now has corrected course.
App-portionment In the Supreme Court In <i>Apple v. Samsung</i>
The Supreme Court granted Samsung's request, in <i>Apple, Inc. v. Samsung,</i> for certiorari to consider whether Section 289 of the Patent Act requires an apportionment of profits for only the infringing feature(s) of the accused product, or instead contemplates profits for the entire product.
Features
Joint Employment and the Contingent Worker
Contingent employment arrangements result in third parties, such as the temporary staffing agency, employing the workers ' not the company on whose behalf the work is being performed. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.
Features
Media & Communications: Wikipedia
The usefulness and ubiquity of Wikipedia makes it nearly everyone's first port of call for online research. Because of Wikipedia's importance, it presents both a huge opportunity and a great danger to companies and people written about in its virtual pages.
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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›