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Third Circuit Holds Portion of Withdrawal Liability Is Postpetition Administrative Expense
Mark S. Chehi,J. Eric Ivester,Ron E. Meisler, October 24, 2011
The Court of Appeals for the Third Circuit decided an issue of first impression in In re Marcal Paper Mills, Inc, No. 09-4574 (3rd Cir. June 16, 2011), holding that a Chapter 11 company that withdraws from a multiemployer pension plan incurs administrative expense liability for that portion of...

New FIRPTA Reform Would Revitalize Global Investment in U.S. REITs
Michael Beinus,David Polster,John D. Rayis,Dean S. Shulman, September 28, 2011
Last night, Reps. Kevin Brady of Texas, Joe Crowley of New York, Patrick Tiberi of Ohio and Shelley Berkley of Nevada proposed a significant modification to the REIT FIRPTA tax. Introduced as H.R. 2989, the bill largely follows H.R. 5901, which passed the House of Representatives in 2010 by a vote...

The Schindler Decision's Impact on False Claims Act Cases
Chaka M. Patterson, September 28, 2011
At the end of the 2010 term, the U.S. Supreme Court, in a 5-3 ruling written by Justice Thomas, held that a federal agency's written response to a Freedom of Information Act (FOIA) request could bar a later False Claims Act (FCA) case based on the information disclosed. In Schindler Elevator Corp....

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