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HTMLExport-Import Bank Reauthorization in Trouble
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
The Export-Import Bank's reauthorization is in trouble despite support from powerful business interests, the Obama administration, and a bipartisan group of Republicans and Democrats.

 

HTMLU.S. Supreme Court Ruling Subjects ESOP Fiduciaries to Heightened Scrutiny
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
In a unanimous decision, in Fifth Third Bancorp, et al. v. Dudenhoeffer, et al., No. 12-751 (June 25, 2014) the United States Supreme Court eliminated the so-called Moench Presumption which protected fiduciaries of Employee Stock Ownership Plans (“ESOPs”). The Moench Presumption was a...

 

HTMLSCOTUS Limits Recess Appointment Power
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
In a unanimous decision, the Supreme Court on Thursday limited the president's power to make recess appointments for vacancies in the executive branch. The case, National Labor Relations Board v. Noel Canning et al., specifically related to three recess appointments Obama made in 2012 to the NLRB...

 

HTMLOIG Warns of Anti-kickback Statute Violations in Laboratory Payments to Referring Physicians
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 30, 2014
On June 25, 2014, the Office of Inspector General (OIG) issued a special fraud alert entitled “Laboratory Payments to Referring Physicians” which deals specifically with laboratories paying compensation to physicians and group practices for blood specimen collection, processing and...

 

HTMLStill no Fix for the Highway Trust Fund
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
As lawmakers leave for the Fourth of July recess, the clock continues to tick on the Highway Trust Fund (Fund). The Department of Transportation estimates the Fund will go broke on Sept. 30 of this year. The impending insolvency of the Highway Trust Fund is not new—yet lawmakers on Capitol...

 

HTMLThad Cochran’s Stunning Comeback Win
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
Senator Thad Cochran (R-MS) won a stunning comeback victory in his runoff against Tea Party backed State Senator Chris McDaniel (R-MS) on Tuesday night. Many pundits had written off the six-term lawmaker after he finished behind McDaniel in the June 3rd primary.

 

HTMLIs Your Food and Beverage Label Now Susceptible to Attack?
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
As a consequence of the United States Supreme Court’s recent unanimous ruling in Pom Wonderful LLC v. Coca-Cola Co., food labels will now come under increased scrutiny and attack by competitors. The issue under consideration was not actually the label but rather the interplay between two...

 

HTMLA Practical Guide for a Surety When a Principal Files for Bankruptcy
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on July 1, 2014
For a surety, the bankruptcy filing of a principal raises a number of issues and several challenges, but it does not necessarily mean a loss for the surety. With some preparatory steps, coupled with prompt and careful post-bankruptcy actions, the surety can protect its rights and minimize its loss.

 

HTMLIllinois Provides Guidance on Characterization and Sourcing of Cloud Computing Receipts for Sales Factor Apportionment Purposes
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 26, 2014
On April 24, 2014, the Illinois Department of Revenue (the Department) replied to a request for a Private Letter Ruling requesting a ruling that the taxpayer’s (Company’s) “dedicated hosting, cloud computing and remote customer support are services for Illinois sales factor...

 

HTMLBoehner Intends to Sue President Obama
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
On Wednesday, House Speaker John Boehner (R-OH) told reporters he intends to file a lawsuit against President Obama and his administration over the White House's use of executive actions.

 


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