Shumaker, Loop & Kendrick, LLP

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Erin Smith Aebel

Client News Alert: Regarding Physician Payments Sunshine Act

On August 1, 2013 a new reporting obligation under the federal Physician Payments Sunshine Act (“Sunshine Act”) takes effect. The Sunshine Act was originally signed into law on March 23, 2010, as part of the Patient Protection…more

Affordable Care Act, CHIP, Disclosure Requirements, Fees, HHS

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David F. Axelrod

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Jenifer Belt

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Thomas Blank

Banks Not Required to Capitalize OREO Costs

The Office of the Chief Counsel of the Internal Revenue Service has issued a Legal Memorandum (Number AM2013-001, dated March 1, 2013) (the “Memorandum”), which has important implications and represents a victory for lenders who…more

Capitalized Cost, Deed-in-Lieu of Foreclosure, Foreclosure, IRS, Mortgages

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Eric Britton

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Doug Cherry

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Jason Collier

The New I-9

As of May 7, 2013, all employers in the United States are required to use the revised Form I-9 for new hires and reverifications of existing employees. Employers should download the new form and make sure the revision date in…more

Forms, I-9, Verification Requirements

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Jennifer Compton

The New I-9

As of May 7, 2013, all employers in the United States are required to use the revised Form I-9 for new hires and reverifications of existing employees. Employers should download the new form and make sure the revision date in…more

Forms, I-9, Verification Requirements

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David Conaway

Working on the chain gang - Supply chain finance as the new norm: David Conaway addresses the pros and cons of supply chain finance from all perspectives

Introduction - Adjusting to the “new reality”, many companies have focused on all aspects of their balance sheets to improve performance for stakeholders. Companies have realized that material extensions of credit terms…more

Banking Sector, Borrowers, Credit Financing, Lenders, Supply Chain

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Thomas Cotter

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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James Culbreth, Jr.

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Duane Daiker

Preventing And Defending “Strike Suits” Against Sureties And Fidelity Carriers

Introduction - Recent years have seen an increase in what can be described as “strike suits” against sureties — i.e., lawsuits designed primarily to recover inflated attorney fees from a surety as part of an otherwise…more

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Gary Diesing

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Vivian Folk

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Adam M. Galat

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Bruce Gordon

"The Estate Planner" – January/February 2014

In this issue: - Planning For The Net Investment Income Tax - The Stretch IRA: A Simple Yet Powerful Estate Planning Tool - Do You Know How To Address IP In Your Estate Plan? - Estate Planning Red…more

Estate Planning, Estate Tax, Income Taxes, Net Investment Income

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Steven Grieco

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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John Haller

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Mark Hildreth

Banks Not Required to Capitalize OREO Costs

The Office of the Chief Counsel of the Internal Revenue Service has issued a Legal Memorandum (Number AM2013-001, dated March 1, 2013) (the “Memorandum”), which has important implications and represents a victory for lenders who…more

Capitalized Cost, Deed-in-Lieu of Foreclosure, Foreclosure, IRS, Mortgages

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Wyatt Holliday

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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W. Kent Ihrig

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Regina Joseph

"M&A Brokers Update" - February 2014

Brokers that facilitate the purchase and sale of privately held companies usually seek to be compensated by a percentage of the transaction value if the transaction is consummated. For a transaction structured as a sale of…more

Broker-Dealer, Brokers, Securities Exchange Act

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Elena Kohn

Client News Alert: Regarding Physician Payments Sunshine Act

On August 1, 2013 a new reporting obligation under the federal Physician Payments Sunshine Act (“Sunshine Act”) takes effect. The Sunshine Act was originally signed into law on March 23, 2010, as part of the Patient Protection…more

Affordable Care Act, CHIP, Disclosure Requirements, Fees, HHS

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Serena Lipski

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Moses Luski

National Federation Of Business V. Sebelius: A Decision For The Ages - A Comment On Chief Justice Roberts’ Majority Opinion

The Conventional Wisdom - Earlier this year, prior to the oral arguments before the United States Supreme Court (the “Court”) in National Federation of Business, et al. v. Sebelius ( “National Federation” case), 132 S.Ct…more

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Gregory Marks

Florida Adopts New LLC Act

The 2013 Florida Legislature adopted a new LLC act and the governor is expected to sign it shortly. The new law creates Chapter 605 of the Florida Statutes, which will be effective January 1, 2014. Generally speaking, until…more

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Susan McClay

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Scott Newsom

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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W. Jan Pietruszka

The New I-9

As of May 7, 2013, all employers in the United States are required to use the revised Form I-9 for new hires and reverifications of existing employees. Employers should download the new form and make sure the revision date in…more

Forms, I-9, Verification Requirements

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David Rectenwald

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Barbara Rivas

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

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Stephen Rothschild

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

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Joseph Santaniello

That's not me - Trademark Identity Theft

That's not me - Trademark Identity Theft: By Jack Santaniello…more

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Peter Silverman

Veterans and Franchising

This past Veterans Day, franchising continued to extended its warm embrace to veterans. For better and for worse, which is my topic. For Veterans Day in 2011, the International Franchise Association launched an…more

Franchise Agreements, Franchises, SBA, Veterans

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Joseph Simpson

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

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Bennett Speyer

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Christian Staples

"North Carolina’s New Growler Fill Law"

There has been both excitement and confusion surrounding the recent passage of new laws and regulations governing the sale, filling and re-filling of growlers within our State. This paper briefly discusses the relevant history…more

Breweries, Wine & Alcohol

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Daniel Strader

Florida Supreme Court Declares "Superpriority" Municipal Liens Invalid

It has become increasingly common in recent years for Florida municipalities to enact local ordinances granting so-called “superpriority” status to liens for municipal assessments. These types of ordinances typically state that…more

Liens, Local Ordinance, Mortgages, Municipalities, Priority Disputes

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William Swindle

"The Estate Planner" – March/April 2014

In this issue: - Private Annuities Can Offer Big Tax Savings - 5 Tips For Donating Artwork - A Successful Family Business Requires Strong Governance - Estate Planning Red Flag – You Haven’t Planned…more

Estate Planning, Estate Tax

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J. Todd Timmerman

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

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Mark Wagoner

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

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Robert Warchola

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation

I. Introduction - It is not difficult to imagine that you file an action to recover a loss and the defendant hastily transfers the cash to friends, wires money to relatives overseas, hides the vehicles out of state, and…more

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Kristina Wildman

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

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Brian Willis

Foreclosure Magistrates Rule Change

The Florida Supreme Court has created a new Rule 1.491 that is intended to govern the use of magistrates in all residential mortgage foreclosure cases. Sections of Rule 1.490 that dealt exclusively with residential mortgage…more

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