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HTMLLatest Developments in Regulation of XXX/AXXX Captives
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 8, 2014
The National Association of Insurance Commissioners (the "NAIC") is forging ahead with its work on captive insurance companies used by life insurance companies to finance reserves required under current regulations; these reserves are commonly referred to as "XXX reserves" for...

 

HTMLNew Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on January 20, 2015
On January 14, 2015, a unanimous New Jersey Supreme Court ruled in the closely watched case of Hargrove v. Sleepy's, LLC (N.J. Sup. Ct. A-70-12) (072742), that the proper test for determining independent contractor status under New Jersey wage-and-hour laws is the ABC test. Among the various tests...

 

HTMLOFAC Publishes Guidance Relating to Provision of Temporary Sanctions Relief (Iran)
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 10, 2014
On December 9, 2014, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), published in the Federal Register (Vol. 79, No. 236, pp. 73141¿73143) previously issued guidance relating to the provision of temporary sanctions relief affecting:

 

HTMLMumbai Income Tax Appellate Tribunal Rules on Whether Income of Offshore Discretionary Trust Is Subject to Tax in India
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on January 15, 2015
The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India?

 

HTMLU.S. Supreme Court Decides Time Spent in the Security Screening Process Is Not Compensable Under the FLSA
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 11, 2014
The U.S. Supreme Court handed down a unanimous opinion on December 9, 2014, in Integrity Staffing Solutions Inc. v. Busk et al., ruling that employees' time spent waiting to undergo and undergoing post-shift security screenings is not compensable under the Fair Labor Standards Act (FLSA).

 

HTMLPotential Impacts of Foreign Portfolio Investors and the Minimum Alternate Tax in India
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on January 23, 2015
A fascinating tale of two relatively new concepts coming head-to-head - Foreign Portfolio Investors (FPIs) and Minimum Alternate Tax (MAT) - is unfolding in India currently.

 

HTMLTax-Related Identity Theft and Scams Skyrocketing ... Stay Protected
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 8, 2014
Victims of identity theft and, in particular, tax-related identity theft and tax scams continue to increase at alarming rates. The Internal Revenue Service (IRS) estimates that it erroneously paid more than $5 billion in fraudulent tax refunds to identity thieves in 2013. Tax-related identity theft...

 

HTMLNew California Anti-Bullying Law Likely to Have Wide-Reaching Impact
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 4, 2014
Since 2006, California law has required all employers of 50 or more who conduct business in the state to provide at least two hours of interactive training and education regarding sexual harassment to all supervisory employees. That training is required at least once every two years and must be...

 

HTMLClinical Trial Sponsors Can Be Liable For Inadequate Consent Forms
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
January 23, 2015, previously published on December 12, 2014
Physicians acting as investigators for a clinical trial testing a new therapy are required to present to each patient or study subject a consent form, indicating that the patient understands the risks, benefits and alternatives of participating in the trial and voluntarily elects to do so. Federal...

 

HTML7th Circuit Clarifies FCA Fraud Standard
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
January 23, 2015, previously published on December 5, 2014
In an opinion openly skeptical of a relator’s knowledge, the 7th Circuit Court of Appeals recently affirmed the dismissal of False Claims Act claims against a Chicago pharmacy brought by a former employee of the pharmacy. The principal claims in the case, nadyor v. Ukrainian Village Pharmacy,...

 


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