2014
Showing 481–496 of 740 results
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Small vs. large plan annual report filing – Get ready to file Form 5500
April / May 2014
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 897
Abstract: Generally, all qualified retirement plans subject to ERISA must file an annual report summarizing the plan’s investments and overall financial condition. The plan administrator satisfies this requirement by filing IRS Form 5500. But which version of Form 5500 — including its many schedules — to file depends on the plan’s size. This article reviews the rules of how to count participants to determine which forms to file and summarizes the forms and their many schedules.
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Requirements for criminal copyright violations clarified
April / May 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 438
Abstract: Not surprisingly, the level of guilt necessary to prove a criminal copyright violation is higher than that needed to establish civil liability for copyright infringement. But to precisely what lengths must the government go to secure a conviction? Some clarification was provided last fall in a case in which a plaintiff, having been sentenced for counterfeiting CDs and DVDs, argued to an appeals court that the district court had improperly instructed the jury on the meaning of the terms “willfulness” and “knowledge” under the relevant statutes. This article describes why the appellate court agreed, concluding that the instructions weren’t harmless errors. U.S. v. Liu, No. 10-10613, Oct. 1, 2013 (9th Cir.)
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Hard to swallow: Starbucks’ trademark dilution claim
April / May 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 618
Abstract: This past November, the U.S. Court of Appeals for the Second Circuit ruled that coffee giant Starbucks wasn’t entitled to a preliminary injunction prohibiting the use of a competitor’s product names. This article explains why the Second Circuit affirmed a district court’s finding that the marks were only minimally similar, and why the circuit court determined that a survey Starbucks used in support of its trademark dilution claim was fundamentally flawed. Starbucks Corp. v. Wolfe’s Borough Coffee Inc. d/b/a Black Bear Micro Roastery, No. 12‐364‐cv, Nov. 15, 2013 (2nd Cir.)Abstract: This past November, the U.S. Court of Appeals for the Second Circuit ruled that coffee giant Starbucks wasn’t entitled to a preliminary injunction prohibiting the use of a competitor’s product names. This article explains why the Second Circuit affirmed a district court’s finding that the marks were only minimally similar, and why the circuit court determined that a survey…
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Does patent exhaustion require a sale?
April / May 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 519
Abstract: It’s well-settled law that the authorized sale of a patented item will exhaust the patentee’s rights in that particular item. Until recently, however, it’s been unclear whether the patent exhaustion doctrine applies to items distributed for free. This article looks at one case in which a divided U.S. Court of Appeals for the Federal Circuit tackled the matter head on. At issue was whether the rights in a device were exhausted when it was given away in hopes that doing so would spur sales of a complementary item. LifeScan Scotland, Ltd. v. Shasta Technologies, LLC, No. 2013-1271, Nov. 4, 2013 (Fed. Cir.)
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Egregious misconduct – Examining the behavior behind an unenforceable patent
April / May 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 926
Abstract: In 2011, the U.S. Court of Appeals for the Federal Circuit ruled that certain acts of “egregious misconduct” by a patent applicant can eventually render a subsequently issued patent unenforceable. This article examines one recent case that provided a clear example of this. When a telecommunications company sued another for patent infringement, the court held that the patents were unenforceable because the inventor had submitted to the U.S. Patent and Trademark Office a declaration with false statements. A sidebar looks at a different case with a different result. Intellect Wireless, Inc. v. HTC Corp., No. 2012-1658, Oct. 9, 2013 (Fed. Cir.) Therasense, Inc. v. Becton, Dickinson & Co., Nos. 2008-1511, -1512, -1513, -1514, -1595, May 25, 2011 (Fed. Cir.) Network Signatures, Inc. v. State Farm Mutual Automobile Insurance, 2012-1492, Sept. 24, 2013 (Fed. Cir.)
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Are you covered? Red Flags Rule tackles identity theft
April / May 2014
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 323
Abstract: Several years ago, the Federal Trade Commission issued its “Red Flags Rule,” which requires financial institutions and other organizations to implement a written identity theft prevention program. The rule is designed to detect the warning signs of identity theft in their day-to-day operations. Last year, the SEC and the Commodity Futures Trading Commission jointly adopted their own Red Flags Rule for entities under their jurisdiction. This article discusses what types of entities might be subject to the Red Flags Rules.
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Get ready for international tax reform
April / May 2014
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 762
Abstract: The various international tax reform proposals being put forth by lawmakers provide valuable insights into the direction that tax reform is likely to take, and they give companies an opportunity to participate in the legislative process and prepare for the changes to come. This article explains current law and examines proposed changes. While it’s not yet clear what changes Congress will make, it will likely become more difficult to use controlled foreign corporations to defer U.S. taxes.
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Goodwill impairment testing – Is a qualitative assessment right for your company?
April / May 2014
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 532
Abstract: According to a recent survey, most businesses aren’t using the optional qualitative assessment to evaluate goodwill for impairment. The Financial Accounting Standards Board introduced this option in 2011 to ease the often complex and costly burden of quantitative testing. But qualitative testing often requires substantial effort and extensive documentation, and many company leaders have opted to stick with the quantitative approach. However, a recent AICPA guide offers a framework for performing the optional qualitative assessment.
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Fair disclosure: How to protect your company against Reg FD liability
April / May 2014
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 986
Abstract: In 2000, the SEC adopted Regulation FD (fair disclosure — “Reg FD”), which prohibits public companies from selectively disclosing material nonpublic information to analysts, investors and others. To ensure compliance with Reg FD and to protect themselves against significant monetary penalties, companies need to develop a comprehensive disclosure policy. This article explains when Reg FD does and doesn’t apply, acceptable methods of making information public, and developing a written policy. A sidebar offers a list of information and events that are likely to be considered material and that companies should review carefully.
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Taxing Social Security benefits
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 299
Abstract: Some taxpayers must include up to 85% of their Social Security benefits in taxable income, while others find that their benefits are not taxable at all. Those who receive income from other sources may have to pay taxes on at least a portion of their Social Security benefits. Income and filing status will also affect whether these benefits are taxable. This article offers a quick way to find out if one’s benefits may be taxable and how to avoid tax time surprises by voluntarily requesting that federal income tax be withheld from benefit payments.
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Dirty Dozen tax scams for 2014
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 81
Abstract: This article notes that the IRS has released its latest annual list of the “Dirty Dozen,” the twelve most common scams that taxpayers encounter. Topping the list in 2014 is tax fraud using identity theft.
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Avoiding penalties on IRA withdrawals before age 59½
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 434
Abstract: IRA owners can withdraw money from their account at any time and for any reason because the owner is in total control of this account. But most withdrawals from traditional IRAs will be at least partially taxable, and the taxable portion of a withdrawal made before age 59½ will be subject to a 10% penalty tax (or as high as 25% on early withdrawals from a SIMPLE IRA). There can even be a 10% penalty tax assessed on a nontaxable portion of some early withdrawals from Roth IRAs. However, this article notes that there are some ways to avoid the penalty tax.
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Taxable tip income
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 175
Abstract: Tips received on the job from customers must be included in the computation of one’s tax liability, if any. This article explains the different kinds of tips that are taxable and what tips must be reported to one’s employer.
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Don’t be a charity scam victim
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 160
Abstract: When a natural disaster strikes, thieves often play on the goodwill of people by posing as representatives of real charities to steal money or get information to commit identity theft. This article describes how bogus charities use several different tactics to get money and information from unsuspecting individuals.
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Taxing a child’s investment income
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 271
Abstract: Some children who receive investment income are required to file a tax return and pay tax on at least a portion of that income (and possibly at the parents’ marginal tax rate). This is often referred to as the kiddie tax. But it cannot be computed accurately until the parents’ income is known. This article discusses tax rules that affect how parents report a child’s investment income.
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Leasing property to a closely held corporation
May 2014
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 407
Abstract: Shareholders of closely held C corporations routinely lease real estate, equipment, and other property to their corporate entity. These leases can be held directly by the shareholder or through a separate entity, such as a partnership, LLC, or S corporation. Of course, the corporation could directly purchase the item or lease it from an independent source. But this article describes several advantages that can motivate these leasing arrangements.