News

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...

NLRA Does Not Prevent Class Action Waivers But Overbroad Agreements Will Not Be Enforced

By EsqSocial Corporation 05/12/13

The Fifth Circuit Court of Appeals refused to enforce critical portions of the NLRB’s decision in D.R. Horton, Inc., including its decision that class action waivers in arbitration agreements violated the National Labor Relations Act. The Fifth...

Know What You Are Protecting When You Develop a Non-Compete

By EsqSocial Corporation 05/12/13

A recent North Carolina Court of Appeals case, Phelps Staffing, LLC v. C.T. Phelps, Inc. and Charles T. Phelps, COA12-886, 2013 WL 1575409 (N.C. Ct. App. Apr. 16, 2013), highlights the need for employers who either have noncompetition agreements in...

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