Taxation of Long-term Contracts: Little Pigs, the IRS, and the Completed-Contract Method
Summarizing recent case adverse to IRS, James R. Malone Jr. (LL.M. ’11) comments: “Little pigs get fed. Big pigs get slaughtered”
The Future Development of Gas and Oil Pipeline Projects
Alan Seltzer (LAW ’78) and John Povilaitis advocate for streamlining energy regulatory review for gas and oil pipelines
Delaware Supreme Court Establishes Rules Facilitating Dismissal of Board Advisors from M&A Litigation
In recent years, entrepreneurial plaintiffs’ lawyers representing stockholders in litigation challenging mergers and acquisitions have increasingly asserted aiding and abetting claims against financial and other advisors to corporate boards of directors, perceiving the investment banks and law firms that serve in these roles as potential defendants with deep pockets. This trend likely will reverse itself
2016 HIPAA Settlements Demonstrate HIPAA Compliance Challenges in a Mobile Society
The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) has been actively enforcing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in 2016. As of August, covered entities and business associates (the organizations who are subject to HIPAA) have paid OCR more than $20 million to resolve allegations of
Business Beware: U.S. Department of Labor Signs Agreement to Address Worker Misclassification in Pennsylvania
Wage-and-hour actions under the Fair Labor Standards Act (“FLSA”) are one of the largest growing types of litigation, and have been for over a decade. Pennsylvania businesses may soon experience an increase in FLSA-related litigation, as the Pennsylvania Department of Labor & Industry (DLI) and the U.S. Department of Labor (DOL) signed a “Memorandum of
Cybersecurity Startups Poised for Growth
Cybersecurity solutions are in high demand and investors are betting on startups for high returns. In the past six years, high growth emerging companies in this space have received a total of $9 billion in venture capital funding, according to the National Venture Capital Association. But while the private sector has rapidly adopted the solutions
SCOTUS Raises the Bar on Materiality in False Claims Act Lawsuits
The implied false certification theory of liability under the False Claims Act (FCA) is premised on the notion that a person who does business with the federal government, by the very act of submitting a claim for payment, has impliedly certified compliance with the often numerous statutes, regulations, and contract terms that govern the contractual
A Small but Important Gem: Introducing Delaware’s Corporate Law Career Opportunities
When Temple Law students ponder their career options, Philadelphia, New Jersey, and New York usually come first to mind. That said, Delaware has a rich and talented bar, and is home to some of the best law firms in the nation in corporate, intellectual property, and business bankruptcy practices. In an effort to raise awareness
Commercial Litigation Finance: An Industry After Philly’s Own Heart
I became fascinated with commercial litigation finance for one reason: I love a good underdog story. But the more I learned about this burgeoning industry, where law and finance intersect, the more I discovered that litigation finance firms do a whole lot more than just help plaintiffs punch above their weight in commercial bouts. Commercial
Lessons Learned from the Staples/Office Depot Merger Challenge
The U.S. District Court for the District of Columbia recently granted the Federal Trade Commission’s (FTC’s) motion to preliminarily enjoin the merger of Staples and Office Depot, the country’s two largest brick-and-mortar retailers and distributors of office supplies.[1] The injunction caused the companies to abandon the merger. Background Interestingly, the FTC’s theory was not based