David Foster

David Foster

Skadden, Arps, Slate, Meagher & Flom LLP

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"Challenging the IRS Anti-Inversion Notice: A Hollow Threat"

On September 22, 2014, Treasury and the IRS issued Notice 2014-52, 2014-42 I.R.B. 712 (the Notice), announcing their intention to issue regulations aimed at blunting certain of the benefits from so-called inversion...more

1/29/2015 - Administrative Procedure Act Anti-Injunction Act Declaratory Judgment Act Inversion IRC IRS New Regulations U.S. Treasury

"Supreme Court Clarifies Standard to Challenge IRS Summons"

On June 19, 2014, the U.S. Supreme Court in United States v. Clarke1 held that a taxpayer has a right to conduct an examination of IRS officials regarding their reasons for issuing an administrative summons when the taxpayer...more

6/20/2014 - Bad Faith Document Requests IRS Request For Information SCOTUS Summons US v Clarke

"China Introduces Simplified Merger Review Provisions to Improve Process"

Over the past several years, companies engaging in mergers, acquisitions and joint ventures have been subject to long and unpredictable competition reviews for transactions notified in China. Although China’s Anti-Monopoly...more

2/25/2014 - Anti-Monopoly China Mergers MOFCOM

"The Year in Review – Antitrust and Competition Enforcement in China in 2013"

Over the last two years, China has emerged as one of the most significant jurisdictions worldwide for antitrust and competition matters. Now more than ever, firms doing business in China or participating in major transactions...more

1/13/2014 - Antitrust Litigation Antitrust Provisions China Competition International Labor Laws MOFCOM

"Supreme Court Rules on Partnership Tax Shelter Penalties"

In United States v. Woods,1 the U.S. Supreme Court ruled unanimously for the government on two long-brewing disagreements over penalty jurisdiction in the partnership context and over the breadth of valuation misstatement...more

1/7/2014 - Income Taxes IRS SCOTUS TEFRA United States v Woods

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