NEWS |
MS&K Alerts
- Supreme Court Decisions Offer Some Positive News for Employers
May 2013
- MS&K Labor & Employment Alert
By Kevin Gaut and Amr Shabaik
Two recent decisions of the United States Supreme Court provide employers with some helpful means of combating employment claims brought on a classwide or collective basis. - MAP-21 – The Next New Trap?
May 2013
- MS&K International Trade Alert
By Susan Kohn Ross
For years, companies and service providers have arranged transportation and not given a second thought to the relevant regulatory scheme for property brokers. While the obligation to qualify as a property broker has been on the books since at least 1988, in the absence of enforcement, many parties provide the service of arranging transportation for compensation, but are not property brokers. That is all about to change when the MAP-21 regulations become effective on October 1, 2013. - IRS Issues Final Report on Colleges and Universities Compliance Project
April 2013
- MS&K Charitable Sector Alert
By David Wheeler Newman
The Internal Revenue Service launched its Colleges and Universities Compliance Project (CUCP) in 2008 when it distributed detailed questionnaires to 400 colleges and universities, requiring comprehensive reporting by those institutions on financial results of business activities such as alumni travel programs and facilities rentals not directly related to higher education. The questionnaires also required extensive information on compensation paid to administrators and faculty. - No Peace With A Piece Rate Unless Every Hour Is Paid
April 2013
- MS&K Labor & Employment Alert
By Steven M. Schneider and Hector A. Pacheco
Piece-rate compensation pays employees on a task-completed basis rather than a fixed hourly rate in order to provide an economic incentive for focused and efficient work. Piece-rate systems accordingly often result in greater employee productivity. Now a recent California Court of Appeal decision has upset traditional piece-rate compensation at some employers. - Secured Creditors’ Right to Credit Bid Upheld by the Supreme Court
April 2013
- MS&K Corporate Alert
By Mary D. Lane
In a short opinion for what it considered an “easy case”, the Supreme Court decided 8-0 in RadLAX Gateway Hotel, LLC v. Amalgamated Bank on May 29, 2012 that if a plan of reorganization proposes a sale of property, secured lenders with liens on that property must be allowed to credit bid, i.e., “pay” using the amount of their allowed secured claim. This is a definite victory for secured lenders who, generally, will now not have to advance additional capital in order to protect their collateral. - Rebirth of the Charitable Remainder Trust
April 2013
- MS&K Charitable Sector Alert
By David Wheeler Newman
Throughout the Nineties, and continuing through 2007, the charitable remainder trust was an extremely popular planned giving vehicle used to balance the philanthropic and financial planning objectives of clients and donors. The primary financial planning objective in most CRT planning is to sell appreciated assets in the tax-exempt environment of the CRT, allowing the reinvestment of the full before-tax proceeds to produce income and the deferral of tax resulting from the transaction. A secondary financial planning objective is the tax savings derived from the charitable deduction, which, depending on the terms of the trust, can be substantial. - The New I-9 Employment Verification Form
March 2013
- MS&K Immigration Alert
By John E. Exner IV
After many months of announcements and discussion, the Department of Homeland Security (“DHS”), through the United States Citizenship and Immigration Service (“USCIS”), released a new edition of the Form I-9 on March 8, 2013. This newest version of the form goes into effect immediately. However, USCIS has authorized a sixty (60) day grace period during which either the new version of the form or the last version may be used. Following the end of the grace period, on May 7, 2013, all U.S. employers are required to use the new Form I-9 for all new hires. - What a Trademark Licensee Can Do to Improve Its Chances of Retaining Its Trademark Rights After the Licensor Files Bankruptcy
March 2013
- MS&K Corporate Alert
By Mary D. Lane
Fashion industry licensees invest substantial sums in reliance on their license rights. Bankrupt licensors have been able to convince courts they can “reject” licenses and, when so doing, thereby cause licensees’ trademark rights to vaporize. Here we discuss why and what a licensee can do.
