News

Best of the Week: Lawyers on G+ (12.6.13)

By The Law Insider 05/12/13

Before I jump into the Best of the Week, I wanted to pose a question. How do you decide what to blog about? We all know lawyers out there who are reluctant to blog– and maybe you’re one of them. One of the most intimidating aspects of maintaining a blog is deciding on what to...

Basel III: Subordinated Debt Regulation Amended

By EsqSocial Corporation 05/12/13

On 25 October 2013 the Bank of Russia (the “CBR”) issued Instruction No. 3096 U introducing amendments to the CBR Regulation No. 395-P “On the Method of Calculation of the Amount and Assessment of Adequacy of the Net Worth (Capital) of Credit...

In the tax reform crosshairs: the advertising deduction

By EsqSocial Corporation 05/12/13

The tax deduction for advertising expenses has clearly become a target for Congressional tax reformers. Under current law, advertising costs are fully deductible as an ordinary business expense. Both the House and Senate Tax Committee chairmen are...

Focus on Tax Controversy - December 2013

By EsqSocial Corporation 05/12/13

In This Issue: A Decade of Lessons Learned from State Tax False Claims Act Cases; Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims; and Challenging Regulations After Mayo and Home Concrete. Excerpt from A Decade of Lessons...

Florida Federal Court Grants Reinsurer’s Motion to Dismiss Because of Lack of Coverage

By EsqSocial Corporation 05/12/13

Public Risk Management of Fl. v. One Beacon Ins. Co., No. 6:13-cv-1067-Orl-31 TBS, 2013 U.S. Dist. LEXIS 150091, 2013 WL 5705575 (M.D. Fl. Oct. 18, 2013). A Florida federal court granted a reinsurer’s motion to dismiss a cedent’s complaint finding...

The “Relocation Costs” Reimbursement Arrangement: A Section 409A Trap for the Unwary.

By EsqSocial Corporation 05/12/13

When an employer requires an employee to move his or her primary residence to work, or continue working, for the employer, oftentimes the employer, as an inducement for the employee to accept the offer employment or continue employment, will agree to...

In Delaware, Privilege Goes to the Buyer -- Court Finds Buyer Controls Attorney-Client Privilege over Seller’s Pre-Closing Communications Regarding Merger Negotiations, Unless Otherwise Agreed

By EsqSocial Corporation 05/12/13

The Delaware court of chancery held recently that control over a target company’s attorney-client privileged communications, including communications between the target company’s counsel and its pre-merger stockholders, passes to the acquiror upon...

Assessments Remanded for Findings Re: Obsolescence

By EsqSocial Corporation 05/12/13

A panel of the Commonwealth Court reversed and remanded assessments on a property regarding the impact of obsolescence on the buildings. In re Appeal of Council Rock School District, Appeal of LMC Properties, Inc., No. 354 C.D. 2013 (Pa Commw. Nov....

U.S. Supreme Court Denies Certiorari to Review New York’s Click-Through Nexus Law

By EsqSocial Corporation 05/12/13

The U.S. Supreme Court has declined to consider the constitutionality of New York’s “Amazon” click-through sales tax nexus law, leaving it in effect and emboldening other states’ similar efforts. Unless federal legislation is enacted, interstate...

Can a Defendant Sue a Receiver’s Property Management Company, or Are They Protected from a Lawsuit Like a Receiver?

By EsqSocial Corporation 05/12/13

I hired a property management company to aid me in managing a receivership property. A defendant in the case has threatened to sue the management company for action taken at my request. Can the defendant sue the management company or is it protected...

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