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In the Marketplace
The Equipment Leasing and Finance Association ('ELFA') has filed two separate amicus curiae briefs regarding the use of deductions generated through participation in Lease-In/Lease-Out ('LILO') transactions. In both briefs, the ELFA argues that the correct tax treatment of leaseback transactions ' and commercial leasing transactions in general ' are cast into doubt.
In the first case, the ELFA filed a motion and amicus brief before the Fourth Circuit in support of the appellant, BB&T Corporation, in its appeal of the decision of the U.S. District Court for the Middle District of North Carolina in BBT Corporation v. USA, No. 1:04-cv-00941-NCT (Jan. 4, 2007). The transaction involved the lease and sublease of pulp manufacturing equipment. The plaintiff, BB&T Corporation, had certain tax deductions disallowed by the Internal Revenue Service in connection with BB&T's participation in a LILO transaction with Sodra Cell AB, a Swedish company. As described by the court, the deal consisted of a 'Head Lease' in which BB&T acquired an undivided interest in the equipment for a period of 36 years and an immediate shorter term sublease of the undivided interest in the equipment back to Sodra for a term of 15.5 years.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.