The Legal Intelligencer | Commentary
By Francis J. Lawall and Heather P. Smillie | September 9, 2024
In a recent decision, the U.S. Court of Appeals for the Third Circuit employed such an analysis and ordered the unwinding of a transaction involving transfers which passed through multiple related parties.
The Legal Intelligencer | Commentary
By Jill Hyman Kaplan and Brandon P. Matsnev | September 6, 2024
Several steps remain in the regulatory process until a final, enforceable rule, but employers should be proactive in reviewing it, understanding its requirements, and preparing (or shoring up) a workplace heat safety program. A proactive approach on heat should also have near-term benefits with respect to OSHA enforcement.
The Legal Intelligencer | Commentary
By Ana Calves | September 6, 2024
While restrictive covenants in the M&A context are not the primary focus of this ban, given the uncertainty in the current legal landscape and the potential hurdles to enforcement, buyers would be well-advised to find other ways to incentivize sellers not to compete with a target company after an M&A closing.
The Legal Intelligencer | Commentary
By John Ellison, Courtney C.T. Horrigan and Esther Kim | September 5, 2024
These exclusions need to be narrowly tailored during contract negotiations to avoid potential coverage gaps that could render the coverage purchased illusory, and denials of coverage for a claim based on such exclusions also need to be closely examined.
The Legal Intelligencer | Commentary
By Matthew P. Keris | September 5, 2024
For claims that do arise in the new era of AI use, we can anticipate they will be more complex, cost more to litigate and impact a larger class of patients.
The Legal Intelligencer | Commentary
By Alan Nochumson and Alex Hamilton | September 5, 2024
the Pennsylvania Superior Court held that a commercial tenant was evicted from the leased premises rather than abandoning it and that, accordingly, the landlord could only recover damages for unpaid rent through the date when the landlord recovered possession of the leased premises, denying the landlord's claim for additional rent for the remainder of the lease term.
The Legal Intelligencer | Commentary
By Jared C. Slipman | September 4, 2024
What business owners often fail to realize is that the initial S Election kicks off a litany of compliance obligations that S Corporations must continually observe, supplemented by volumes of Treasury Regulations and Revenue Rulings interpreting and, in several instances, expanding these compliance rules.
The Legal Intelligencer | Commentary
By Dave Poston | September 3, 2024
We can glean important lessons today on communications, perceptions of leadership and, especially, succession planning from this unprecedented summer.
The Legal Intelligencer | Commentary
By Edward T. Kang | August 30, 2024
As an initial matter, the government's refusal to intervene in an FCA action does not strip a relator of his Article III standing in bringing an FCA action when the relator does not suffer an injury in fact. Qui tam actions present a "well-established exception" to the traditional Article III analysis.
The Legal Intelligencer | Commentary
By Rebecca Rosenberger Smolen and Amy Neifeld Shkedy | August 30, 2024
Starting in 2025, under the final regulations just issued by the IRS in July, the views of the commentators advocating a more taxpayer friendly statutory interpretation have been disregarded, and annual distributions will now be required, based on the longer of the life expectancy of the beneficiary or the decedent.
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