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Adobe PDFDo What I Say, Not What I Do: The US Internal Revenue Service Finalizes Changes to the Mixed Straddle Rules
James R. Barry, George W. Craven, Mark H. Leeds; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 21, 2014
In 1981, when Congress enacted the straddle rules preventing selective loss recognition, it directed the IRS to allow taxpayers to recognize built-in gain and loss on mixed straddles. In response, the IRS wrote regulations that permit such gain and loss recognition. The IRS has changed its view and...

 

HTMLRevised Negative List for Shanghai FTZ - Substantive Changes for Foreign Investors?
Frank L. Qi, Betty F. K. Tam; Mayer Brown LLP;
Legal Alert/Article
July 17, 2014, previously published on July 17, 2014
It has been over nine months since the Shanghai Free Trade Zone (FTZ) was launched and a “negative list” approach for foreign investment adopted in the FTZ. On 1 July 2014, the Shanghai Municipal People’s Government issued a revised version of the negative list (the “Revised...

 

Adobe PDFImplementing An Information Governance Program
Mayer Brown LLP;
Legal Alert/Article
July 15, 2014, previously published on June 2014
The IT department of a retail company implements email account volume limits in attempt to control growing data proliferation. In response, employees in the data analytics department begin using off-system cloud storage options to store their data. The cloud storage company announces that there has...

 

HTMLUS Supreme Court Expands (and Potentially Limits) the Reach of the Bank Fraud Statute
Vincent J. Connelly, William Michael, Richard E. Nowak; Mayer Brown LLP;
Legal Alert/Article
July 14, 2014, previously published on July 9, 2014
The US Supreme Court has unanimously held that federal prosecutors can use the federal bank fraud statute, 18 U.S.C. § 1344, against offenders in cases where a bank is not the intended target of a fraud.

 

HTMLDelegation Clause Directing an Arbitrator to Decide Enforceability of an Arbitration Agreement Enforceable in California
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: In Tiri v. Lucky Chances, Inc., the defendant-employer filed a motion to compel arbitration of its former employee’s wrongful discharge action. The parties had entered into a written arbitration agreement that contained an explicit agreement to delegate to the arbitrator any...

 

HTMLCalifornia Supreme Court Rejects Sampling Method for Determining Liability in Class Actions
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: In Duran v. U.S. Bank N.A., the plaintiffs sought to represent a class of loan officers who contended that they were improperly classified as exempt employees under the “outside salesperson” exemption to California’s overtime wage payment law, which applies to employees...

 

HTMLUS Banking Regulators Issue Additional Guidance Regarding Tax Allocation Agreements in Holding Company Structures
Scott A. Anenberg, Hayden D. Brown, J. Paul Forrester; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 20, 2014
US banking regulators (the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency) have issued final joint supplemental guidance (Guidance) regarding tax allocation agreements involving holding companies and...

 

HTMLSupreme Court Issues A Taxpayer Favorable Opinion in United States v. Clarke
Geoffrey M. Collins, John T. Hildy, Brian W. Kittle; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 20, 2014
The Supreme Court held on June 19, 2014, that taxpayers are entitled to examine IRS agents in a summons-enforcement proceeding where taxpayers “point[] to specific facts or circumstances plausibly raising an inference of bad faith.” The Court held that circumstantial evidence could meet...

 

HTMLUS Supreme Court Rules that Bankruptcy Courts Can Issue Proposed Findings in “Core” Matters Involving Stern v. Marshall-Type Claims
Thomas S. Kiriakos, Michael F. Lotito, Brian Trust; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 10, 2014
On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”) that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v. Marshall (“Stern”).

 

HTMLUS Navy Issues Solicitation for “Drop-In” Biofuel Blends
J. Paul Forrester, Cameron S. Hamrick, Marcia G. Madsen; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
The Defense Logistics Agency (DLA), in conjunction with the US Navy, has issued a solicitation for bulk fuels for DLA Energy’s customers located in the Inland/East/Gulf Coast regions of the United States. The Inland/East/Gulf Coast is the single largest bulk fuels acquisition program, and it...

 


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