Mayer Brown LLP New York, NY Document Search Results (52)
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|Presumption Against Extraterritoriality in Morrison v. National Australia Bank Extended to Private Party Whistleblower Retaliation Cases|
Matthew Bisanz, Marcus Christian, Mark G. Hanchet, Alex C. Lakatos, Richard M. Rosenfeld; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014The US Court of Appeals for the Second Circuit has ruled that the presumption against extraterritoriality applies to private party actions under Section 21(h) of the Securities Exchange Act of 1934 (“Exchange Act”). The Second Circuit’s August 14, 2014 decision in Liu v. Siemens...
|Deductibility of Settlement Payments: US First Circuit Rejects the IRS’s Interpretation of Talley and Section 162(f)|
Hayden D. Brown, Geoffrey M. Collins, Brian W. Kittle; Mayer Brown LLP;
August 22, 2014, previously published on August 18, 2014In Fresenius Medical Care Holdings, the US Court of Appeals for the First Circuit held that taxpayers can meet their burden of proving that a government settlement was compensatory—and thus deductible—with evidence beyond the settlement’s terms. Thus, if the settlement agreement...
|Managing the Risks and Costs Associated with Enterprise Social Networks|
Therese Craparo, Anthony J. Diana; Mayer Brown LLP;
August 5, 2014, previously published on July 31, 2014An international company has decided to launch an enterprise social network to facilitate a more collaborative work environment. The Chief Data Officer is tasked with forming and leading a committee to assess any risks associated with the implementation of the new technology, to encourage employee...
|Do 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;
July 22, 2014, previously published on July 21, 2014In 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...
|US Securities and Exchange Commission Issues Final Rules Regarding the Application of Security-Based Swap Intermediary Definitions to Cross-Border Security Based Swap Activity|
Joshua Cohn, Curtis A. Doty, Alex C. Lakatos, Jerome J. Roche, David R. Sahr; Mayer Brown LLP;
July 17, 2014, previously published on July 15, 2014The US Securities and Exchange Commission (“SEC”) has adopted final rules (the “CrossBorder Rules”) regarding the cross-border application of certain security-based swap (“SBS”) provisions of Title VII of the DoddFrank Wall Street Reform and Consumer Protection...
|US Securities and Exchange Commission Settles Its First Whistleblower Anti-Retaliation Case|
Marcus Christian, Adam D. Kanter, Stephanie M. Monaco, Jerome J. Roche, Richard M. Rosenfeld; Mayer Brown LLP;
July 4, 2014, previously published on June 27, 2014The US Securities and Exchange Commission (SEC or the Commission) has announced a $2.2 million settlement in the Commission’s first whistleblower anti-retaliation case. As part of the settlement order, the SEC charged Paradigm Capital Management, Inc., a registered investment adviser, and...
|Supreme Court Issues A Taxpayer Favorable Opinion in United States v. Clarke|
Geoffrey M. Collins, John T. Hildy, Brian W. Kittle; Mayer Brown LLP;
June 30, 2014, previously published on June 20, 2014The 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...
|New York State’s Highest Court Clarifies Scope of “No-Action” Clause Under Trust Indenture|
Michael F. Lotito, Joel Moss, Brian Trust; Mayer Brown LLP;
June 19, 2014, previously published on June 18, 2014New York’s highest court has concluded that a “no-action” clause in a New York law-governed indenture does not bar the commencement of an action or proceeding on a securityholder’s common law or statutory claims relating to the securities when the no-action clause at issue...
|US 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;
June 17, 2014, previously published on June 10, 2014On 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”).
|Tip of the Month: Managing the Risks and Costs Associated with Governance of “Custodial” Data|
Therese Craparo, Anthony J. Diana; Mayer Brown LLP;
June 4, 2014, previously published on May 30, 2014A large organization is selling one of its business units. Questions arise about how to define the scope of data associated with employees in the business unit being sold that may need to be transferred to the new owner and whether to implement a process for remediating “custodial” data...