IRS Guidance Reveals Federal Bitcoins Strategy
May 02, 2014
The IRS's March 25, 2014 declaration that bitcoins are property, not currency, is the final piece of the carefully-crafted Federal approach to bitcoin regulation which greatly differs from the approach of other sovereign nations.
Franchise Agreements and the Duty of Good Faith In European Civil Law
May 02, 2014
The two primary "families" of civil law in Europe are German and French, and each approaches the concept of good faith in a different way. Last month we took a look at the German system; now, we turn to the French.
Occurrence Analysis in First-Party Insurance
May 02, 2014
Among those courts to have considered the issue of what policies respond in the context of a first-party property claim, the overwhelming majority have recognized that manifestation is the appropriate measure.
Reclassification of Obesity and Changes to The Manual of Mental Disorders
May 02, 2014
The Patient Protection and Affordable Care Act (ACA) is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and ADA discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
Important Issues and Recent Developments in Wage and Hour Law
May 02, 2014
This article examines important legal and political developments affecting the FLSA and how they develop into the most commonly litigated employment claims in American federal courts.
Maximizing Value
May 02, 2014
Directors of a leveraged company should begin to consider the implications of not being able to access traditional debt markets on appropriate terms. This article highlights the initial steps, questions and concerns typically facing a director in this new environment.
Mortgages on Tenancy by the Entireties Properties
May 02, 2014
The rights of a mortgagee with respect to property held by a married couple as tenants by the entirety engenders considerable confusion, sometimes leading to litigation even of easy cases..
M&A Shareholder Litigation
May 02, 2014
One practical aspect of disclosure-only settlements that has received little attention is the practice of providing lengthy individual mailed notice of the disclosure-only settlement to class members, which results in additional (and largely unnecessary) costs that, depending on the number of beneficial owners requiring notice, can exceed tens of thousands of dollars.
Are DHCR's New Regulations Unconstitutional?
May 02, 2014
On Feb. 24, 2014, the Rent Stabilization Association, Community Housing Improvement Program, and certain property owners filed a lawsuit i challenging the constitutionality of the numerous amendments that the DHC promulgated to the RSC and TPR on Jan. 8..
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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