Mystery Subpoena Case at High Court Could Expand U.S. Authority
March 01, 2019
Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller's investigation has drawn much attention to the enigmatic case of <i>In Re Grand Jury Subpoena</i>. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.
The DTSA's Jurisdictional Nexus, Three Years In
March 01, 2019
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
Management Fees: Make Sure Your Lease Is Clear
March 01, 2019
There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.
Work Opportunity Tax Credit and On-Boarding
March 01, 2019
With the cost of doing business consistently on the rise combined with the increasing difficulty to find/retain great employees, there is no better time to pursue employment-based tax credits. There are both federal and state employment-based credits available that can help businesses offset income tax liability.
A Guide to Becoming an Opportunity Zone Sponsor
March 01, 2019
There is a frenzy of excitement about the prospect of opportunity zone investments, but a number of investors are also considering becoming sponsors of the new fund model. While organizing a fund may seem simple, especially for experienced real estate sponsors, the opportunity zone model is actually complex.
Caveat Intercreditor: Bankruptcy May Be Coming
March 01, 2019
<b><i>Bankruptcy Provisions in First Lien/Second Lien Intercreditor Agreements</b></i><p>While intercreditor agreements (ICAs) are not necessarily the most attention-grabbing of the various loan documents common to large financing transactions, they are nevertheless important, and lack of attention to detail with respect to their provisions could lead to unintended results in any future bankruptcy case.
In the Courts
March 01, 2019
New Charges in Insurance Corporation of Barbados Limited Bribery Case
Upcoming Event
March 01, 2019
SXSW Conference 2019 CLE Program, March 14-16