Bryan Cave

Court Orders Administrator To Elect Portability

When the IRS enacted the portability election provisions in 2011, which allowed estates of married taxpayers to pass along the unused part of their estate and gift tax exclusion amount to their surviving spouse, it remarked that…more
| Taxation, Wills, Trusts, & Estate Planning

Are the Assets in Custody?

Lenders to funds and other borrowers often extend credit based on a security interest over assets that are held in custody. The lender is granted a security interest in the relevant custody account and all of the cash,…more
| Finance & Banking

IRS Releases April 2017 Federal Interest Rates

The 7520 rate for April 2017 has increased to 2.6%. The April 2017 Applicable Federal Interest Rates can be found here. Please see full Table below for more information…more
| Taxation

Anti-Aging Litigation

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Communications & Media Law

Video Viewing Information: A How-To Guide

The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an…more
| Communications & Media Law, Privacy

Snitches get……massive cash rewards

On Monday 20 March 2017, the UK Competition and Markets Authority (CMA) announced a campaign to encourage whistle-blowers to come forward and expose cartels. The campaign is going to target social media and key websites…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law

Healthcare Reform: Where is it Heading?

While there have been several reports about the prospects of the American Health Care Act (“AHCA,” “Trumpcare” or “Ryancare,” depending on who you ask), please be mindful that in 2009-10, many people thought the Affordable Care…more
| Elections & Politics, Health, Insurance

Arizona Supreme Court Upholds Prop 206: Sick Leave Policies Impacted

On March 14, 2017, the Arizona Supreme Court unanimously rejected a challenge by an employer-backed group to Proposition 206. Yes, this means there is no further question about the $10/hour minimum wage. Most companies have…more
| Civil Procedure, Labor & Employment Law

IRS Notice: Conservation Easements for Charitable Giving

In Notice 2017-10, the Internal Revenue Service recently issued guidance on syndicated conservation easement transactions presumed to be used as tax shelters. This addition to the “listed transactions” under Section…more
| Business Organizations, Nonprofit Law, Securities Law, Taxation

Trump May Not be the Only Catalyst for Administrative Reform

In the past few months, there has been a lot of speculation regarding the future of many administrative agencies under Trump’s administration. However, two current cases pending in the D.C. Circuit have the potential to have a…more
| Administrative Law, Civil Procedure, Constitutional Law, Elections & Politics

Worried About the Fiduciary Rule? Don’t Be…Yet!

The Department of Labor (DOL) released Field Assistance Bulletin 2017-01 on March 10, 2017, which outlines a temporary enforcement policy related to its final fiduciary rule. Background - On February 3, 2017,…more
| Elections & Politics, Finance & Banking, Labor & Employment Law

Ruined, Missing Wine leads to Million Dollar Hangover for Debtor

A Chapter 7 debtor’s failure to comply with a bankruptcy court order to preserve a $2 million dollar-plus collection of fine wines has led to the imposition of sanctions of over $1 million, most of which could be charged against…more
| Bankruptcy, Business Organizations, Civil Procedure

Distribution Problems for US Companies in Europe and How To Avoid Them

Many US (and EU) companies operate in Europe with pricing and distribution policies which may breach EU competition rules. EU regulators are taking an increasingly tough line on pricing and online market place access. Robert…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

No hiding a cartel under a joint venture marketing company

We are used to companies being fined for cartels acting undercover to agree on prices or other market parameters. What about companies openly agreeing together through a joint venture company?…more
| Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Communications & Media Law

Who’s on First? - Current Status of the DOL’s Fiduciary Duty Rule

On March 10, 2017, the Department of Labor (“DOL”) issued “Field Assistance Bulletin No. 2017-01,” notifying financial services firms that the DOL will not, “in the short term,” pursue enforcement of its proposed new fiduciary…more
| Elections & Politics, Finance & Banking, Labor & Employment Law
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