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HTMLRecoupment or Setoff? - A Distinction with a Difference
David M. Grogan; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
August 5, 2015, previously published on July 30, 2015
Setoff is commonly encountered in bankruptcy and non-bankruptcy situations. If there are mutual debts between two entities, either may generally offset the debts. These debts frequently arise where one entity is a vendor to a customer and selling on credit, and at the same time is also making...

 

HTMLAmended Petitions Required When Relocating H-1B Employees
Maria del Carmen Ramos; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
August 5, 2015, previously published on July 21, 2015
Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and conditions of employment. But whether a change in the employment location...

 

HTMLCommunity Associations: Amendments to Chapters 718 & 720, Florida Statutes
Jonathan J. Ellis, Thomas F. McDonnell, Clinton S. Morrell, Kathleen G. Reres, Kaitlyn B. Statile; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
July 14, 2015, previously published on July 8, 2015
On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida.

 

HTMLHurts So Good - US Supreme Court Rejects Attorneys Fees in Chapter 11
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
July 10, 2015, previously published on June 30, 2015
On June 15, 2015, the US Supreme Court ruled that a law firm could not recover fees it incurred in defending its own fee application.

 

HTMLNew Changes to North Carolina Alcoholic Beverage Laws Have Big Impact on Local Businesses
Christian H. Staples; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
July 3, 2015, previously published on June 26, 2015
On June 19, 2015, House Bill 909 (now Session Law 2015-98) was signed into law by Governor Pat McCrory, making considerable changes to North Carolina Alcoholic Beverage Control (“ABC”) laws. The most notable changes concern distillery sales, unfortified wine growler sales, alternating...

 

HTMLVisa and Passport Delays Expected to Continue
Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 26, 2015, previously published on June 9, 2015
On June 12, 2015, the U.S. State Department’s Bureau of Consular Affairs first announced that a hardware failure on June 9 had led to technical problems with overseas passport and visa systems. The hardware failure had halted the flow of security clearance requests from the overseas posts to...

 

Adobe PDFAn Ounce of Agribusiness Prevention is Worth a Pound of Drinking Water Cure
Kevin P. Braig; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 24, 2015, previously published on Spring 2015
With lawmakers, lawyers, and the public focused on the relationship between agriculture and drinking water, those in farming, fertilizer, and livestock businesses would be wise to heed Ben Franklin’s caution that “an ounce of prevention is worth a pound of cure.”

 

Adobe PDFData Breach: Every Business Needs an Elite Goalie
Michael S. Taaffe, David L. Wyant, Jr.; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 24, 2015, previously published on Spring 2015
The days of standing behind someone at the grocery store who is paying with a personal check, or, around the office, hauling physical paper files, are essentially extinct. To many Americans, the cash register and filing cabinet are now antiques. The costeffectiveness and efficiency brought by...

 

Adobe PDFThe Importance of Accredited Investors for Small Business Capital Formation
Gregory C. Yadley; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 24, 2015, previously published on Spring 2015
Small businesses are often regarded as the catalyst for economic growth in the United States. Small businesses account for the creation of two-thirds of all new jobs, and are the incubators of innovation. The majority of new jobs in the U.S. are from companies less than five years old.

 

Adobe PDFEstate of Elkins v. Commissioner of Internal Revenue: Cautionary Tale and Gem
Moses Luski; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 24, 2015, previously published on Spring 2015
In the eternal game of cat and mouse between the taxpayer and the Internal Revenue Service (the “Service”), the case of Estate of James A. Elkins, Jr. v. Commissioner of Internal Revenue, 767 F3d 443 (2014), represents a “cautionary tale” for the Service and a...

 


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