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|What Financial Advisers and Accountants Should Know About Expanded IRS Streamlined Filing Compliance Procedures for U.S. Taxpayers with Unreported Foreign Assets and Accounts|
Bruce M. Bettigole, Maia Cogen, Joseph M. DePew, Carol P. Tello, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
September 22, 2014, previously published on September 16, 2014The Internal Revenue Service (IRS) recently announced “major changes” to its offshore compliance programs, including the Streamlined Filing Compliance Procedures (Streamlined Procedures), the delinquent international information return submission procedures (Delinquent Submission...
|Missouri Supreme Court Invalidates Arbitration Agreement and Casts Doubt on Whether Continued Employment Constitutes Sufficient Consideration in Non-Compete Agreements|
McMahon Berger A Professional Corporation;
September 22, 2014, previously published on September 9, 2014Late last month, the Missouri Supreme Court ruled in Baker v. Bristol Care that continued employment was insufficient consideration for enforcing an arbitration agreement. The decision casts doubt on some arbitration agreements many employers have utilized to avoid costly and protracted court...
|Did the Recession Impact Design Defect Claims?|
Benton J. Barton; Hall & Evans, L.L.C.;
September 22, 2014For several years now since the beginning of the Great Recession, lawyers specializing in construction defect litigation for developers, designers and contractors have predicted a dramatic slowdown in claim frequency. The thinking goes, since there are less projects being built, there should be...
|Employment Law Summer Recap 2014: Part 5 of 11 - Old School’s Frank Ricard and Contractual Statute of Limitations Provisions: I Don’t Know If We’ll Have Enough Time|
Michael S. Arnold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 22, 2014, previously published on September 19, 2014“I told my wife I wouldn’t drink tonight. Besides, I got a big day tomorrow. . . . Well, um, actually a pretty nice little Saturday, we’re going to go to Home Depot. Yeah, buy some wallpaper; maybe get some flooring, stuff like that. Maybe Bed, Bath & Beyond, I don’t...
|The Cost-Only Rule Applies To FOIA Fees For Property Tax Records|
Alisha Biesinger, Chrissie Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
September 19, 2014, previously published on September 2014A recent Illinois appellate court decision should remind government entities that charging a fee for a FOIA request should not be assessed without due care. In Sage Information Services v. Suhr, 2014 IL App (2d) 130708, the plaintiffs requested "a copy, on CD or similar electronic media, of...
|Corporation Does Not Have Protected Interest in Documents Thrown in Common Area Dumpster|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
September 19, 2014, previously published on September 2014Between 1998 and 2000, Greenpeace, an environmental lobbying group, investigated and lobbied against Dow Chemical Co. and Sasol North America, Inc. for their chemical manufacturing operations at Lake Charles, Louisiana. In response, both companies retained lobbying firms to assist in combating...
|Why A School's Unconstitutional Hair Length Policy Matters For All Governmental Entities|
Stacy Crabtree; Heyl, Royster, Voelker & Allen Professional Corporation;
September 19, 2014, previously published on September 2014A school's hair length policy was the subject of a recent lawsuit, and the federal appellate court's opinion on the matter serves as a reminder for all schools and other governmental entities to be wary because, in the words of Bob Dylan, "the times they are a-changin'." As the facts are...
|Walking the Line: Tort Immunity And Pedestrians Outside The Crosswalk|
Wade Blumenshine, Chrissie Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
September 19, 2014, previously published on September 2014Recently, the First District Appellate Court determined that a pedestrian who "walked the line" and was injured while partially inside and partially outside of a crosswalk was barred from recovering for those injuries from the City of Chicago. In Swain v. City of Chicago, the plaintiff...
|District of Columbia Recognizes Economic Loss Doctrine in Negligence Case for First Time|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
September 19, 2014, previously published on September 2014In Aguilar v. RP MRP Washington Harbour, LLC, No. 13-CV-329 (District of Columbia Court of Appeals, September 4, 2014), and in a case of first impression, the District of Columbia high court recognized the economic loss doctrine in a negligence case. The economic loss doctrine prohibits claims of...
|Court Denies Extraterritorial Application of the Dodd-Frank Act's Whistleblowing Provisions|
Celia M. Joseph; Fisher & Phillips LLP;
September 19, 2014, previously published on September 8, 2014On August 14, 2014, in Liu Meng-Lin v. Siemens AG, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that the whistleblowing provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“the Dodd-Frank Act”), does not...