Business Organization, Finance & Banking, Election & Politics Law

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

by Robert J. Anello | Morvillo Abramowitz Grand Iason & Anello P.C.... on 5/16/2013

The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more

The Cost of Convenience: charging for online contributions

by Tammera R. Diehm | Winthrop & Weinstine, P.A. on 5/6/2013

On May 7, 2013, the Minnesota Campaign Finance and Public Disclosure Board (“Board”) will consider an advisory opinion request submitted on behalf of Democracy Ventures, Inc., d/b/a Democracy.com. The organization is seeking...more

President Obama's 2014 Budget Proposes to Tax Carried Interest as Ordinary Income

by Christopher Cawley, Richard Schaul-Yoder | Foley Hoag LLP on 4/12/2013

Yesterday, President Obama issued his Administration’s Fiscal Year 2014 Budget, which includes a proposal to tax carried interests (also known as “performance allocations” or “incentive allocations”) in investment...more

“Great Caesar’s Ghost!” SOS Battles Backlog With 3 x 5 Cards

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/15/2013

As part of the state budge process, state agencies must appear and testify before legislative budget committees. I recall some stressful moments testifying on the Corporations Committee Budget before a budget committee...more

Unsettled Settlements(?): The Effect of an Invalidated Recess Appointment on the CFPB Director’s Authority to Settle Proceedings

by John Dodge | Davis Wright Tremaine LLP on 3/12/2013

The constitutionality of President Obama’s recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”) is being challenged in a lawsuit filed in the U.S. District Court for the...more

Are Political Contributions Ultra Vires?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/11/2013

It’s been three years, but the Supreme Court’s decision in Citizens United v. Federal Election Comm’n, 558 US 50 (2010) continues to foment a fierce debate about corporate political spending. In February, Representative Adam...more

FEC Increases Political Contribution Limits

by Jim Kahl | Womble Carlyle Sandridge & Rice, PLLC on 2/7/2013

On January 30, the Federal Election Commission increased the amounts that individuals and certain PACs can contribute in the 2013-14 election cycle. The most significant change is that individuals may now give $2600 per...more

Can Feds Force Companies to Disclose Political Spending? [Video]

by Bloomberg Law on 1/31/2013

Jan. 31 (Bloomberg Law) -- The SEC is considering a proposal by Robert Jackson, associate professor at Columbia Law School, that public companies be required to disclose their political spending. SEC staff members have said...more

Making Decisions on Corporate Campaign Expenditures by Thomas J. Spulak

by King & Spalding on 1/30/2013

The Nation has just witnessed one of the most expensive election campaigns - with over $6 billion spent by candidates, political parties and committees. Whether all of that money made a difference remains to be seen. One...more

"SEC Considering Disclosure of Political Activity Spending"

by Brian V. Breheny, Kenneth Gross, Ki Hong, Samuel Scrimshaw | Skadden, Arps, Slate, Meagher & Flom LLP on 1/24/2013

On December 21, 2012, the U.S. Securities and Exchange Commission (SEC) indicated in its semiannual regulatory agenda that the staff of the SEC’s Division of Corporation Finance is considering whether to recommend that the...more

Senator Seeks 24-Hour Advance Notice Of Corporate Political Contributions/Assemblymember Asks For Constitutional Convention

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/23/2013

Yesterday, Broc Romanek noted the continuing interest in mandating disclosure of political spending by corporations. See Battle Lines Being Drawn: Political Spending Disclosures. We are also seeing activity here in...more

Will Congress' Dodd-Frank Mistake Harm Banks? [Video]

by Bloomberg Law on 1/10/2013

Jan. 10 (Bloomberg Law) -- Scott Cammarn, partner at Cadwalader, Wickersham and Taft, talks with Bloomberg Law's Lee Pacchia about a little known provision of Dodd-Frank that could end up costing foreign banks doing business...more

SEC Includes Disclosure Of Corporate Political Spending Rule In Unified Agenda – What Does It Mean?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/10/2013

On August 3, 2011, a group of leading academics, including Harvard Law School Professor Lucian A. Bebchuk, submitted this petition for rulemaking to the Securities and Exchange Commission. The petitioners asked the SEC to...more

The American Taxpayer Relief Act of 2012: Some Tax Certainty in an Uncertain World

by Baker, Donelson, Bearman, Caldwell &... on 1/10/2013

On January 1, 2013, Congress averted the fiscal cliff with the passage of the American Taxpayer Relief Act of 2012 (Act), which was enacted when President Obama signed the Act on January 2, 2013. The Act provides a welcome...more

‘Fiscal Cliff’ Legislation Temporarily Extends Key Provisions for Businesses

by Robert Clary II, Elizabeth Lewis, Martin Milner | McDermott Will & Emery on 1/7/2013

As part of legislation enacted in early 2013 to avert the so-called “fiscal cliff,” Congress temporarily extended several beneficial tax provisions for businesses, including the research credit, the active financing exception...more

The American Taxpayer Relief Act of 2012: Stealth Impact on Charities

by Elizabeth Mills | Proskauer - Not for Profit/Exempt... on 1/5/2013

The American Taxpayer Relief Act of 2012 (“TRA”) (H.R. 8) passed by the Senate on January 1, 2013, passed by the House of Representatives early on January 2, 2013 and signed by President Obama, in large part addresses income...more

American Taxpayer Relief Act Of 2012 Extends Temporarily Full Exclusion From Gross Income Of Gain From Qualified Small Business...

by Annika Chin, Timothy Leska | Pepper Hamilton LLP on 1/5/2013

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (H.R. 8) (the Act) to avert certain tax increases set to take effect in 2013. The Act included, among many other provisions, an...more