New York Law Journal | Expert Opinion
By Richard Strassberg, William Harrington and Annie E. Railton | June 28, 2018
In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Annie E. Railton write: In 2010, Congress amended the anti-kickback statute (AKS) to confirm that claims “resulting from” illegal kickbacks are false and thus actionable under the federal False Claims Act (FCA).
New York Law Journal | Expert Opinion
By Corinne Ball | June 27, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.
New York Law Journal | Analysis
By John Fellas | June 27, 2018
In his International Arbitration column, John Fellas analyzes the Second Circuit's recent decision in 'Lloyds of London v. State of Florida.'
New York Law Journal | Analysis|Expert Opinion
By James E. Mercante | June 26, 2018
In his Admiralty column, James E. Mercante writes: Recent marine casualties demonstrate that operators of watercraft can be lured into inattention as readily as their landlubbing counterparts.
By Ezra Dyckman and Daniel W. Stahl | June 26, 2018
In their Taxation column, Ezra Dyckman and Daniel W. Stahl discuss the recent Tax Court case 'Levitz v. Commissioner' addressing whether a taxpayer was engaged in a real estate trade or business—a question which has newfound significance in light of certain provisions in the 2017 tax legislation that hinge on the presence or absence of a trade or business.
New York Law Journal | Analysis|Expert Opinion
By Martin Flumenbaum and Brad S. Karp | June 26, 2018
The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.
New York Law Journal | Expert Opinion
By Elai Katz | June 25, 2018
A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.
New York Law Journal | Analysis
By Michael Rikon | June 25, 2018
In Michael Rikon's Condemnation and Tax Certiorari column, he explores the various ways that property can be taken requiring the payment of just compensation pursuant to the Fifth Amendment.
New York Law Journal | Expert Opinion
By Conrad Teitell | June 22, 2018
In his Estate Planning and Philanthropy column, Conrad Teitell writes: “The Tax Cuts and Jobs Act,” Pub. L. No. 115-97, limits an individual's deduction under IRC Section 164 for the total amount of state and local taxes (SALT) paid during the calendar year to $10,000 ($5,000 for a married individual filing a separate return)
By David J. Kaufmann | June 20, 2018
Franchising columnist David J. Kaufmann discusses how franchise networks are not immune from disputes.
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