November / December
Showing 577–592 of 609 results
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FLP and FLLC updates – Taxpayers enjoy some important victories
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 882
Abstract: Family limited partnerships (FLPs) and family limited liability companies (FLLCs) have long been popular business and estate planning vehicles for transferring minority interests. The IRS has frequently challenged these vehicles. But two recent cases have shown that properly structured FLPs and FLLCs can withstand IRS scrutiny. This article summarizes these two cases, Estate of Mirowski and Astleford v. Commissioner, which provide valuable guidance on the type of facts that can support a taxpayer’s position.
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Valuing IP assets: A team approach
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 373
Abstract: IP rights — especially patents and copyrights — encourage innovation and creative pursuits by giving owners exclusive rights to exploit the economic benefits of their work for a specific period of time. This brief article explains how valuators estimate an asset’s remaining useful life by studying the historical life cycles of comparable IP assets.
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It ain’t over ’til it’s over – Postclosing disputes in M&A transactions
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1200
Abstract: Mergers and acquisitions (M&As) are complicated transactions, and getting from letter of intent to closing takes time — sometimes several months or longer. During that time, things can — and usually do — change, leading to potential disputes concerning the purchase price or the target company’s financial position. This article explains the types of disputes that can arise and the covenants used to address potential conflicts. The article shows how bringing financial experts in early can help avert disputes or resolve matters to help the deal go through without a hitch. (Updated 8/29/12)
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New act bars genetic discrimination
November / December 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 338
Abstract: The Genetic Information Nondiscrimination Act became law in May 2008. The act bars insurers and employers from discriminating against people whose genetic tests show a predisposition to cancer or any other disease.
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Beware of pretextual firing reasons
November / December 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 615
Abstract: A federal trial court in New York held that a white photographer who was replaced by a black photographer could maintain an action for race discrimination. The court cited evidence from which a reasonable fact finder could conclude that the firing decision was a pretext for unlawful discrimination based on race. Maioriello v. New York State Senate. 2008 U.S. Dist. LEXIS 10439 (N.D.N.Y. 2008)
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Offensive language can create a hostile work environment
November / December 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 727
Abstract: Did daily exposure to language and radio programming that could be construed as offensive to women but wasn’t targeted at the plaintiff meet the elements of a hostile-work-environment claim under Title VII? The Eleventh Circuit decided that it did. Reeves v. C.H. Robinson Worldwide, Inc., 525 F.3d 1139 (11th Cir. 2008)
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Employee fired for on-the-job sleeping alleges retaliation
November / December 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 642
Abstract: The Eighth Circuit ruled that firing an employee for sleeping on the job wasn’t a pretext for retaliating against him for having previously complained of national-origin discrimination. Soto v. Core-Mark International Inc., 521 F.3d 837 (8th Cir. 2008)
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When must employers pay for commuting time?
November / December 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 613
Abstract: That was the question before the Second Circuit when fire-alarm inspectors alleged they were entitled to portal-to-portal pay under the Fair Labor Standards Act because the briefcases of documents they were required to carry to and from work increased their commuting time. This article explains why the court didn’t buy their argument. Singh v. The City of New York, 524 F.3d 361 (2d Cir. 2008)
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CLB Quickcase – LeClear v. Fulton Court decision turns on disregarded deed restrictions
November / December 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 309
Abstract: This issue’s “CLB Quickcase” gives readers a pithy snapshot of a case in which deed restrictions played a key role in a dispute between property owners and a resident on that property who wanted a new driveway — at the cost of a couple of spruce trees.
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Act as if you have a contract, and you shall have one
November / December 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 489
Abstract: In construction disputes, courts tend to disfavor litigants who have proceeded with a project, providing labor and materials and receiving payment as though a contract had been signed, and then come into court and argue that some technicality in the paperwork means there was no contract covering their participation. This article discusses a case involving just such a situation that arose recently in Washington, D.C.
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Renovations gone wrong can lead to costly litigation
November / December 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 546
Abstract: No construction project is a sure thing. But renovation jobs bring distinctive challenges in that existing components or conditions of the structure may prevent the project from proceeding exactly as planned. And when those challenges turn to legal disputes, the ramifications can be unexpected — and costly. This article examines a case that shows just how costly.
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Economic loss doctrine often provides imperfect protection
November / December 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 719
Abstract: Initially heralded as a way to simplify and clarify construction dispute resolution, the economic loss doctrine now has courts struggling to find ways to keep parties in lawsuits despite the doctrine’s apparent applicability to release them from the proceedings. This article explores a recent example of this trend.
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Do-it-yourself legal troubles – Homeowners’ project involvement affects outcome of case
November / December 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 945
Abstract: When homeowners stake out a role in a remodeling project, much legal confusion can ensue if the job goes awry. This article looks at a case in which just such a circumstance occurred.
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DEALER DIGEST – S corporation red flags attract bullish IRS auditors
November / December 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 532
Abstract: Discussed in this issue are certain red flags that attract IRS auditors to S corporations, particularly shareholder compensation that seems unreasonably low, and how creative service department managers are learning that high fuel costs can be good for fees. Also discussed is a way to wrap various employee benefit plans into one comprehensive plan.
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5 ways to fire up your sales staff
November / December 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 311
Abstract: Generating a positive environment for your sales staff is more important now than ever, even though it might be a hard match to light these days. This article presents some ideas for helping you better understand your sales force and the best ways to motivate them.
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Get a new lease on LIFO – Recent IRS pooling method fosters tax advantage
November / December 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 560
Abstract: If you didn’t get a chance to use the last-in, first-out (LIFO) single-pool method when accounting for your inventory last year, you might want to make the switch for your dealership’s 2008 tax returns. You might be in for some tax savings.