Last fall, Facebook announced a disclosure program for users of its platform specifically aimed at requiring disclosures for election-related advertising. At the time, Facebook said that the program would be fully active by summer 2018, and Facebook has begun to roll out aspects of the program this month, including a training module and FAQ for […]
The seriousness of efforts to prevent money laundering has been emphasised by U.S. Bancorp’s $613 million settlement with the Treasury Department’s Office of the Comptroller of the Currency and the Federal Reserve, for inadequate AML controls. U.S. Bancorp failed to detect many suspicious transactions and later sought to conceal its mistakes from regulators. Banks and […]
By Kevin C. Maclay, Todd E. Phillips, and Caroline E. Parke Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case when a consenting class exists for only one of the debtors. This implicates the important issue of de facto substantive […]
Today’s companies face a tremendous amount of pressure to win the best deals and contracts. In some cases, employees feel compelled to offer or accept bribes to clinch a business agreement. And in some countries, bribery is widely considered part of the cost of doing business. But such behavior is unethical, and in some cases, can […]
Technology and globalisation have proved extremely effective at improving cross-border investment during the last decade. Trade barriers between countries and continents have been lowered everywhere, allowing money to flow freely […]
Read moreIs your business entering into a contract with a foreign entity? If so, you should be aware of certain legal terms that may be included — or are necessary to have — in the contract. These terms are important so you will not have difficulty pursuing or defending against potential claims with foreign entities. Contracts are […]
March 29, 2018, 1:00 PM – 2:30 PM EDT Panelist: Jeffrey A. Liesemer Program: Chapter 15 and Cross-Border Bankruptcies: Representing Foreign and U.S. Debtors and Creditors Event Sponsor: Strafford Publications Description Cross-border insolvencies are increasingly commonplace in today’s global economy. Chapter 15 respects the differences in insolvency laws of each jurisdiction while giving […]
Todd E. Phillips, Kevin C. Maclay, and Jeanna R. Koski On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass’n ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, holding that bankruptcy court determinations regarding whether transactions are at arms-length are predominantly factual in nature, and thus […]
IRS’s Offshore Voluntary Disclosure Program Ending: Impact on U.S. Taxpayers March 14, 2018 On March 13, 2018, the Internal Revenue Service (IRS) announced that it will end the Offshore Voluntary Disclosure Program (OVDP) on September 28, 2018. The program, initially introduced in 2009, is designed to allow taxpayers with unreported offshore assets to voluntarily resolve […]
The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with “avoidance powers” that allow them to set aside and recover certain transfers that a debtor made before filing for bankruptcy.[1] These avoidance powers are, however, limited by a number of exceptions enumerated in the Bankruptcy Code, including the securities safe harbor at § 546(e). […]
I have attached, in Adobe Acrobat .pdf format (see link HERE,) the Overview from the World Bank Group’s Flagship Report-Doing Business, plus the United States reference page that ShawnCoulson, LLP worked on. Taken from: World Bank. 2018. Doing Business 2018: Reforming to Create Jobs. Washington, DC: World Bank. DOI: 10.1596/978-1-4648-1146-3. License: Creative Commons Attribution CC BY 3.0 […]
During the last few years, employers have become accustomed to increased scrutiny and enforcement from various federal agencies, including the Department of Labor, Department of Justice and the Equal Employment Opportunity Commission. While the Trump Administration has endeavored to scale back regulations, the fact remains that various complex local, state, and federal laws currently are […]
