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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Pensions Could Be Saved in Detroit Bankruptcy

In July 2013, the city of Detroit filed the largest case under Chapter 9 of the bankruptcy laws in the history of the United States. The case didn’t sit well with everyone. The administrators of the city’s pension funds have been steadfastly opposed to the bankruptcy, asserting that it put at risk the money of hard-working employees. […]

Author: Joel R. Glucksman

January 24, 2014

SEC Strikes Out in the Courtroom…Again

The Securities and Exchange Commission’s (SEC) new “get tough” approach continues to hit roadblocks. While the agency has vowed to take more cases to trial rather than settle, the threat only works if prosecutors are largely successful in the courtroom. Following the SEC’s loss in the high-profile case against Mark Cuban, the SEC recently suffered […]

Author: Scarinci Hollenbeck, LLC

January 23, 2014

CFCs, Disregarded Entities, Partnerships and Subpart F Income.

Taxpayers adopt different structures when conducting business around. PLR 201330006 contains such an example where using various entities and the regulations avoids Subpart F inclusions. A U.S. taxpayer was a “U.S. shareholder” in a foreign company, formed in country A, treated as a corporation for U.S. tax purposes (CFC). U.S. shareholders are required to take […]

Author: James F. McDonough

January 23, 2014

Freedom Industries Files for Bankruptcy

For the past couple of weeks, thousands of West Virginians have been unable to use tap water because Freedom Industries spilled chemicals into the Elk River. Just a week after this incident, the company filed for protection under Chapter 11 of the United States bankruptcy law. Bankruptcy documents revealed that Freedom Industries owes $3.6 million to […]

Author: Joel R. Glucksman

January 23, 2014

Cantor Gaming Fines Could Be Bad Sign for Sports Betting Future

Sports betting is legal in four states – Nevada, Oregon, Delaware, and Montana – with only Nevada taking full advantage. However, some states – mainly New Jersey – have been attempting to legalize sports betting, but have been shot down. The recent judgment made against Cantor Gaming probably won’t do anything to help any further legalization […]

Author: Anthony R. Caruso

January 22, 2014

Is It Time to Update Your Employee Handbook? Conflicting Provisions Can Spell Doom in Litigation

As highlighted in a recent federal court decision, New Jersey employers should review their employee handbooks carefully to ensure that none of the provisions conflict. One company learned this lesson the hard way when attempting to enforce an arbitration clause against a former employee alleging discrimination. While the handbook required employees to submit employment-related claims […]

Author: Donald M. Pepe

January 22, 2014

Arbitration

The Top Tax Deductions for Business Owners

The Internal Revenue Service may have delayed tax season, but that doesn’t mean business owners shouldn’t begin preparing. One of the most important things when filing is deductions, as these can save a company money. The Internal Revenue Service may have delayed tax season, but that doesn’t mean business owners shouldn’t begin preparing. One of […]

Author: Frank L. Brunetti

January 22, 2014

Bankruptcy Hits the Catholic Church

The sex abuse scandal has had a major impact on the Catholic church, and not just in its reputation. The Catholic Diocese of Stockton, Calif., recently said it would become the 10th diocese to file for protection under Chapter 11 bankruptcy law as a result of the scandal, according to The Wall Street Journal. Bishop Stephen Blaire […]

Author: Joel R. Glucksman

January 21, 2014

Chapter 11

NJ Decision Highlights Telecommuting Can Pose Problems For Employers

Thanks to technology, many New Jersey companies employ workers located outside of the state or even outside of the country. While telecommuting allows businesses to draw from talent pools located both near and far, it can impact their legal options should a dispute arise. In a recent decision, the Appellate Division of the New Jersey […]

Author: Joel N. Kreizman

January 21, 2014

CCA 201336018 / Collateral Consequences for Foreign Tax Purposes

The payment of interest, other than in currency, between related corporations carries consequences for the calculation of the foreign tax credit (FTC). Chief Counsel Advice 201336018 (CCA) addresses such a situation in a U.S. consolidated group setting. The facts in the CCA are a U.S. parent corporation (P) owned all of the shares of two […]

Author: James F. McDonough

January 21, 2014

4 Tax Mistakes Often Made by Business Owners

Tax season is just around the corner, which means business owners need to begin getting prepared. While doing so, it is important that the following common missteps are avoided: 1. Filing late: Probably the easiest mistake to avoid is filing taxes late. According to Nolo, this could result in the Internal Revenue Service charging business […]

Author: Frank L. Brunetti

January 20, 2014

Business Owners

Do New gTLDs Pose a Threat to Your Business? Steps You Can Take Now

While companies have traditionally been limited to Internet extensions such as .com, .net or .org, the international body responsible for regulating the Internet, ICANN, is now allowing entities to operate generic top-level domains (gTLD) of their own choosing. ICANN received nearly 2,000 applications for the new domains, and projects that more than 1,000 will be […]

Author: Fernando M. Pinguelo

January 20, 2014

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