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Greenberg Traurig, LLP Santa Monica, CA Document Search Results (17) Show: results per page Sort by:  | Impact of Proposed FATCA Regulations on U.S. Real Estate Ventures With Non-U.S. Investors or Lenders
Richard M. Petkun, Sanford C. Presant; Greenberg Traurig, LLP;
Legal Alert/Article May 23, 2012, previously published on May 22, 2012 The Internal Revenue Service (IRS) recently proposed enormously complex regulations under the Foreign Account Tax Compliance Act. This Alert looks at the challenges that a U.S. real estate fund or joint venture with foreign investors or lenders will face under these proposed rules.
|  | California Court Confirms That Brokerage Firms Have No Duty to Protect Investors in Self-Directed Accounts from their Own Investment Decisions
Scott E. Rahn; Greenberg Traurig, LLP;
Legal Alert/Article April 25, 2012, previously published on April 23, 2012 In Holland v. TD Ameritrade, Inc., 2012 WL 592042 (E.D. Cal. Feb. 22, 2012), the Eastern District of California granted TD Ameritrade’s motion to dismiss based, in large part, on its finding that the brokerage firm did not have a duty to protect the plaintiff from losses stemming from...
| | Brinker Restaurant Corporation v. Superior Ct.: The Takeaway on Meal and Rest Period Rules and Claims
Mark D. Kemple, Grace Tse; Greenberg Traurig, LLP;
Legal Alert/Article April 17, 2012, previously published on April 13, 2012 Just yesterday, the California Supreme Court issued its ruling in Brinker Restaurant Corporation v. Superior Ct. (Hohnbaum), No. S166350. The ruling ends the wait endured by California employers since October 2008 for clarification regarding their responsibilities and duties when providing meal and...
| | FINRA's Proposed Changes to BrokerCheck: Reinforcing the Notion that Every Firm and Advisor Should Routinely Verify That Publicly Available Information Accurately Reflects their Business
Scott E. Rahn, Jennifer Tomsen; Greenberg Traurig, LLP;
Legal Alert/Article March 20, 2012, previously published on March 15, 2012 FINRA currently is seeking comment regarding some potentially wide-reaching changes to the BrokerCheck system, including making data available to private, for-profit vendors for commercial use. While some of the proposed changes will likely have little impact on financial advisors and firms,...
| | Heavier Taxation of Carried Interest Proposed Again — Both in the Jobs Bill and by Rep. Levin
Richard M. Petkun, Sanford C. Presant; Greenberg Traurig, LLP;
Legal Alert/Article March 6, 2012, previously published on March 2012 Washington keeps coming up with proposals to tax as ordinary income the capital gains derived by fund managers from a carried interest. That idea resurfaced last September in the Obama administration’s proposed American Jobs Act of 2011, and has been put forward again in a bill introduced on...
| | Does Your Firm's Standard Lien Language Create a Possibility that Your Customer IRAs May Lose Their Tax Exempt Status and Protection from Third-Party Creditors?
Jon Andrew Jacobson, Scott E. Rahn, Alex J. Rosenthal, Adam M. Starr; Greenberg Traurig, LLP;
Legal Alert/Article March 2, 2012, previously published on February 27, 2012 It is not uncommon for firms to use standard language in their account agreements that creates liens on Individual Retirement Accounts (IRAs). Two recent federal court decisions, however, suggest that granting such a lien on an IRA may constitute a prohibited transaction that causes these accounts...
| | Seventh Circuit Holds that Treasury Bonds are Riskier than Real Estate and Cannot Provide the Indubitable Equivalence of a Claim
Kevin P. Garland, Michael H. Goldstein; Greenberg Traurig, LLP;
Legal Alert/Article February 10, 2012, previously published on February 2012 Taking the lead from its recent decision in In re River Road Hotel Partners, in In re River East Plaza, LLC, the Seventh Circuit held that a debtor cannot avoid the lien retention prong of Section 1129(b)(2)(A)(i) by transferring an undersecured creditor’s lien to substitute collateral as...
| | Trusts May Unknowingly Owe Income Taxation in California: California's Unique Rules for the Income Taxation of Trusts
G. Michelle Ferreira, Courtney A. Hopley, Karen D. Yardley; Greenberg Traurig, LLP;
Legal Alert/Article February 10, 2012, previously published on February 8, 2012 It’s no secret that the State of California is suffering its own budgetary crises and is in desperate need of cash for the state. The California Franchise Tax Board (FTB) is aggressively pursuing income tax on large trusts that may unknowingly owe tax to the state because California’s...
| | Protecting Your Company from the Latest Threat --- Class Actions Under the California 'Shine the Light' Law
Robert J. Herrington; Greenberg Traurig, LLP;
Legal Alert/Article January 17, 2012, previously published on January 11, 2012 Companies doing business in California face a new threat in the coming year. Plaintiffs’ lawyers have started filing class actions seeking millions in statutory damages and attorneys’ fees under California’s “Shine the Light” law. This statute, set forth in California...
| | Best Practices for CEOs to Build Compliant Organizations
Robert J. Herrington; Greenberg Traurig, LLP;
Legal Alert/Article November 22, 2011, previously published on November 21, 2011 A strong correlation exists between corporate compliance and positive financial performance, and business leaders are taking note. While some might see “compliance” as a regulatory-laden burden for companies, the more evolved and successful CEOs see compliance requirements as an...
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