News & Analysis as of

Corporate Responsibility: Friedman vs. Porter and the Trend Toward Shared Value

On September 13, 1970, The New York Times published an oped by University of Chicago Professor Milton Friedman that provided the intellectual framework for a profound shift in American corporate governance. The article,...more

Owner of Mortgage Company Sentenced to Serve More Than 11 Years for Role in $64 Million Mortgage Fraud Operation

On September 24, the DOJ released a statement regarding the sentencing of the owner of a Florida mortgage company for allegedly organizing a mortgage fraud scheme. In July 2015, the owner, along with his business partner and...more

Use of Estonia in U.S. International Tax Planning

According to recent estimates, Estonia, which is situated halfway between Stockholm and St. Petersburg, currently has more than 350 start-up technology companies – one for every 3,700 citizens – and the government expects...more

New Twist on Insider Trading

Two federal indictments this week revealed a new approach to an old crime. The indictments returned in New Jersey (United States v. Turchynov et al., Case No. 2:15-CR-390) and the Eastern District of New York (United States...more

Bass Opposes Sanctions and Defends His Actions at the PTAB

On July 28, 2015, Celgene filed a motion for sanctions in IPR Nos. 2015-01092 and 2015-01103, proceedings challenging the validity of Celgene patents covering Thalomid®, Revlimid® and Pomalyst®. Celgene specifically...more

New Proposed Treasury Regulations Focus on Management Fee Waivers

On July 22, 2015, the U.S. Treasury Department and Internal Revenue Service released proposed regulations under Section 707(a)(2)(A) of the Internal Revenue Code relating to disguised payments for services between partners...more

Proposed Regulations on Disguised Payments for Services and Management Fee Waivers

On July 23, 2015, the Internal Revenue Service (“IRS”) issued a Notice of Proposed Rulemaking (the “Notice”) which proposed Treasury regulations under Section 707(a)(2)(A) of the Internal Revenue Code of 1986, as amended (the...more

Court Arrives at Fair Market Value of Gas Property

In Texas, lost profits can’t be recovered as damages unless proven to a “reasonable certainty”. Question 1: What does that mean? Question 2: Does it matter if the deal is in Bulgaria? Let’s get rid of the...more

IRS Informally Rules Disgorgement Payments Under FDA Consent Decree May Be Deductible

In Internal Revenue Service Field Attorney Advice released May 22, 2015 (FAA 20152103F), the IRS Office of Chief Counsel expressed its informal view that the evidence suggests that the amount the taxpayer paid the United...more

Aqua Shield v. Inter Pool Cover Team – Evidence of Actual Profits Does Not Hold Water in Reasonable Royalty Analysis

The Federal Circuit, in Aqua Shield v. Inter Pool Cover Team, 774 F.3d 766 (Fed. Cir. 2014), recently provided further guidance on the traditional method for assessing the market value of a patent: the hypothetical...more

Law Firm “Clawback” Suit Goes to Ninth Circuit

Bankruptcy Judge Dennis Montali in San Francisco said last week that he will allow a direct appeal to the Ninth Circuit from one of his rulings in the bankruptcy of Howrey LLP, skipping an intermediate appeal to the U.S....more

GM Recall — Bad Switches, Bad Relations, Bad Acts

Why is GM in so much trouble? Is it just about bad switches or improperly operating air bags; recalls of millions of vehicles? Isn’t about more than that? Isn’t it really about corporate attitude, corporate responsibility and...more

UK Tax Shake Up for Partnerships

In light of tax changes proposed for April 2014, partnerships may need to reconsider their members’ classification and/or duties to maintain the most tax efficient positions. The UK Government’s recently published...more

Court Rejects Marijuana Retail Sale Defense: Medical Marijuana Program and Compassionate Use Act Ban Sales for Profit

A California appellate court recently held that neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows the sale of marijuana for profit and provided clarification on how to determine...more

In Florida, General Contractor Overhead and Profit are Part of Replacement Cost Policies Even When Repairs Have Not Yet Been Made

Last month, the Supreme Court of Florida issued an opinion in Trinidad v. Florida Peninsula Ins. Co., — So.3d —, 2013 WL 3333823 (Fla. July 3, 2013), addressing a Florida statute that required the insurer of a replacement...more

Florida District Court Orders Disgorgement Of Profits From Unfair, Deceptive Online Payday Loan Referral Practices

On July 18, the U.S. District Court for the Middle District of Florida held that an online payday loan referral business engaged in unfair and deceptive billing practices and failed to provide adequate disclosures to its...more

OECD releases “BEPS” Action Plan – a sweeping international tax effort to combat base erosion and profit shifting

The OECD’s Committee on Fiscal Affairs (CFA) has published its Action Plan to address Base Erosion and Profit Shifting (BEPS). This sweeping international effort aims to combat a comprehensive range of international tax...more

Everything Old is New Again – Financing trends in the mining industry making a comeback

Until last year, mining companies had little trouble raising funds. But, as the boom in the price of commodities has peaked and passed, the markets remain volatile for miners. Profits have plummeted by up to 49%1 for the top...more

FERC Assesses Record Civil Penalty But the Story Is Just Beginning

By Order dated July 16, 2013 the Federal Energy Regulatory Commission (FERC) assessed civil penalties against Barclays Bank Plc. and four of its traders – Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith (Order). The...more

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke...more

"HMRC Turns Up the Pressure on UK LLPs"

Following the announcement in Budget 2013, HM Revenue & Customs (HMRC) issued a consultation document on May 20, 2013 that focuses on two areas of partnership taxation where HMRC perceive “unintended inconsistencies”...more

Increasing profits help Qatar prepare for large-scale projects

This report was first published in "Islamic Finance news Volume 10 Issue 19" dated 15.05.13 - Many banks in Qatar are now enjoying strong government support and steady loan growth in their home market. This comfort is...more

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank...more

This Year's AmLaw 100: "Fundamental Recovery" for Some  [Video]

April 25 (Bloomberg Law) -- Revenues and profits on average rose in the low single digits at the nation's 100 highest-grossing law firms in 2012, sparking a "fundamental recovery," Robin Sparkman, editor-in-chief of American...more

China Real Estate Update

China property prices have continued to trend upward despite the government’s previous efforts to cool the real estate market. Such efforts include, among others, limiting the number of residential properties that a household...more

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