Hodgson Russ LLP

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IRS Simplifies Tax Reporting for Individuals With Canadian Retirement Plans

Under Article XVIII(7) of the United States-Canada Tax Treaty, a U.S. citizen or resident may elect to defer U.S. income taxation on income accruing under a Canadian registered retirement savings plan (RRSP) or registered…more
| Labor & Employment Law, Finance & Banking, International Law & Trade, Taxation

Democrats Retain a Majority at the National Labor Relations Board

In November, President Obama nominated Lauren M. McFerran to the National Labor Relations Board and withdrew the nomination of Sharon Block because of GOP objections. McFerran was confirmed on Monday, December 8, 2014, by the…more
| Elections & Politics, Labor & Employment Law

Supreme Court Rules that Security Clearances are Non-Compensable, Handing Significant Win to Employers

The Supreme Court has now ruled in Integrity Staffing v. Busk, which we reported on last week. The court held that time spent by employees undergoing security clearances after completing their principal work activities is…more
| Civil Procedure, Labor & Employment Law

"New Preventive Services Under the Affordable Care Act"

The Affordable Care Act (ACA) requires non-grandfathered group health plans to provide benefits for items or services recommended by the U.S. Preventive Services Task Force (USPSTF). These benefits must be provided without…more
| Health

Supreme Court Poised to Rule on Whether Time Spent in Security Screenings Is Compensable Work Under the FLSA

Security screenings have become a routine feature of many American workplaces. Whether in office buildings, airports, military installations, or retail facilities, employees must submit to metal detectors and other security…more
| Labor & Employment Law

Department of Education Issues Guidance on Sufficient Communication Modalities

On November 12, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS), and the U.S. Department of Justice distributed a joint Dear Colleague…more
| Civil Rights, Education

"Are You Prepared for the Rapidly Approaching Abandoned Property Deadlines?"

Winter is right around the corner. For businesses that have abandoned property on their books (and virtually every operating entity has abandoned property, whether it knows it or not), that means due diligence letters must soon…more
| Business Organizations, Commercial Law & Contracts, Taxation

The Product Line Exception to Successor Liability Rules in the United States

In the United States, the general rule is that the purchaser of a business by way of an asset purchase is only responsible for those liabilities that it expressly or impliedly assumes from the seller. However, Canadian companies…more
| Commercial Law & Contracts, Consumer Protection, Mergers & Acquisitions, International Law & Trade, Products Liability

Employee Benefits Developments - November 2014

Health Care Cost Consideration May Support Age Discrimination Claim. Recently, the U.S. Court of Appeals for the Eighth Circuit overturned a lower court’s summary judgment ruling against a plaintiff’s age discrimination claim…more
| Civil Rights, Labor & Employment Law, Health

New Law Requires School Districts to Notify Parents of Students’ Special Education Rights Upon Enrollment

On November 21, 2014, Governor Cuomo signed Chapter 434 of the laws of 2104. School districts are now required, upon a student’s enrollment, to “notify every parent or parent in parental relation of their rights regarding…more
| Administrative Law, Education

"U.S. Corporate Inversion Update"

Numerous US legislative proposals have reacted to the perceived problems of US corporate inversions in which, generally, a parent USco becomes a Forco’s subsidiary. Not content to wait for enacted legislation, the IRS and the US…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Taxation

Employee Benefits Developments - October 2014

The Internal Revenue Service and Social Security Administration have announced the cost of living adjusted dollar limits applicable to benefit plans. A listing of key limits is set out..…more
| Labor & Employment Law, Taxation

CFIUS Review of Foreign Investment in U.S. Businesses Involving U.S. National Security Considerations

The United States has a long history of welcoming foreign investment. As the United States works its way out of the current recession, U.S. companies are increasingly looking for that investment. As a general rule, U.S. laws…more
| Administrative Law, Elections & Politics, Finance & Banking, Mergers & Acquisitions, International Law & Trade

Speeding Construction of Your Company’s ‘Great Wall’: Protecting Green Technology in China with Utility Models

The Economist recently reported on a World Intellectual Property Organization study that the number of Chinese patents filed abroad is rising. China’s patent office was the busiest in the world in 2012. Coupled with this growth…more
| Energy & Utilities, Environmental Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

IRS Simplifies Procedures for Favorable Tax Treatment on RRSPs and RRIFs

The IRS has finally made it much easier for taxpayers who hold interests in either of two popular Canadian retirement plans—registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs)—to get…more
| Labor & Employment Law, Finance & Banking, International Law & Trade, Taxation
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