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  • Article

    NJ Supreme Court Holds A Supervisor's Use Of Two Racial Slurs Was Enough To Send The Claims To A Jury

    On June 16, 2021, the New Jersey Supreme Court ruled in Rios v. Meda Pharmaceutical, Inc., Tina Cheng-Avery, Glenn Gnirrep, et. al. that a supervisor's use of two offensive slurs based on race/national origin ...
    United StatesEmployment and HR
    FBT Gibbons
    FBT Gibbons
  • Article

    Drafting And Negotiating Intellectual Property Defense And Indemnification Provisions - What You Don't Know Could Cost Your Clients Millions.

    Sales agreements and licenses may by the driving force for a siginificant number of companies generating revenue today, but it is a properly drafted intellectual property ("IP") defense and indemnification provision that will enable management of certain liability risk and protection for a client down the road.
    United StatesIntellectual Property
    FBT Gibbons
    FBT Gibbons
  • Article

    As Federal Water Regulations Recede, California's Permitting Tide Rises

    Many California businesses expect narrower federal wetlands jurisdiction to simplify permitting. It often creates the opposite result.
    United StatesEnergy and Natural Resources
    FBT Gibbons
    FBT Gibbons
  • Article

    EEOC Provides Welcome Clarity On Telework Requests And Accommodations

    In response to President Trump’s directive that executive agencies return to work in-person, on a full-time basis, as “consistent with applicable law,” the Equal Employment Opportunity Commission...
    United StatesEmployment and HR
    FBT Gibbons
    FBT Gibbons
  • Article

    Avoiding IRS Accuracy Penalties For A Substantial Underpayment Of Tax

    There are over 150 types of penalties in the Internal Revenue Code (IRC). One frequent penalty that the Internal Revenue Service (IRS) asserts is the accuracy penalty under IRC Section 6662.
    United StatesTax
    FBT Gibbons
    FBT Gibbons
  • Article

    The Identity Problem: Authentication, Fraud, And Who’s Actually Buying

    Our prior article argued that agentic commerce is exposing legal fault lines that ordinary e-commerce could often paper over. This article takes up the first of them: identity and authentication.
    United StatesCriminal Law
    FBT Gibbons
    FBT Gibbons
  • Article

    To File Or Not To File: Is CIT Litigation Necessary To Get Your IEEPA Tariffs Refunded?

    On February 20, 2026, the U.S. Supreme Court rendered its landmark decision striking down tariffs purportedly authorized by the International Emergency Economic Powers Act (IEEPA) in Learning Resources, Inc. v. Trump.
    GlobalInternational Law
    FBT Gibbons
    FBT Gibbons
  • Article

    Credit Bureau Pulls In Employment: State Law Limitations And Their Effect On Motor Vehicle Records

    Effective April 18, 2026, New York State employers will be restricted from obtaining or using a "consumer credit history" for hiring and personnel decisions, just as New York City employers have been for a number of years.
    United StatesEmployment and HR
    FBT Gibbons
    FBT Gibbons
  • Article

    Contracting By Agent: When The Agent Clicks, Who Assents?

    Agentic commerce introduces new challenges to contract formation when AI agents execute transactions on behalf of human principals. While identity and authority questions do much of the legal work, formation issues remain distinct: determining which terms govern, what mechanism constitutes acceptance, when contracts form, and how much agent discretion affects assent. The distributed nature of agent-mediated transactions makes traditional assent harder to locate across settings, permissions, and execution ev
    United StatesCorporate/Commercial Law
    FBT Gibbons
    FBT Gibbons
  • Article

    Exploring The Tax Consequences Of Exchanging Unrestricted QSBS (Section 1202 Stock) For Restricted Stock

    Qualified small business stock (QSBS) and non-QSBS issued to founders, employees and independent contractors is generally subject to Section 83.
    United StatesTax
    FBT Gibbons
    FBT Gibbons
  • Article

    Tax Strategies: Selling Your S Corporation Business

    Selling an S corporation involves complex tax and legal considerations that can significantly impact after-tax proceeds. This comprehensive analysis examines stock sales versus asset sales, IRC Section 338(h)(10) elections, F reorganizations, and other transaction structures, revealing how different approaches affect both sellers and buyers through detailed tax modeling and strategic planning insights.
    United StatesTax
    FBT Gibbons
    FBT Gibbons
  • Article

    Does A Section 351 Contribution Of Money Qualify As A "Purchase" Under Section 1045?

    Section 1045 allows taxpayers to elect to roll over proceeds from the sale of qualified small business stock ("QSBS")...
    United StatesTax
    FBT Gibbons
    FBT Gibbons
  • Article

    When The AI Purchase Goes Wrong, Who Pays, And Who Can Prove It?

    By the time a disputed transaction reaches the loss-allocation stage in agentic commerce, the system has already failed somewhere upstream.
    United StatesTechnology
    FBT Gibbons
    FBT Gibbons
  • Article

    The Authority Problem: When Does An Authorized Agent Become An Unauthorized Buyer?

    If agentic commerce is going to work at scale, the market has to solve more than authentication, aka the “identity problem,” as we posited in part two of this series exploring the six fault lines of agentic commerce.
    United StatesTechnology
    FBT Gibbons
    FBT Gibbons
  • Article

    Independent FMV Appraisals Can Play A Critical Role In Substantiating QSBS Gain Exclusions

    Section 1202 provides an exclusion from capital gains when a taxpayer sells qualified small business stock...
    United StatesTax
    FBT Gibbons
    FBT Gibbons
  • Article

    Class Actions Comparative Guide

    Class Actions Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries
    United StatesLitigation, Mediation & Arbitration
    FBT Gibbons
    FBT Gibbons
  • Article

    Stacking: A Lawnmower, A Lawsuit, And A Lesson In Insurance Limits

    Stacking refers to combining coverage limits across one or more insurance policies to increase the total amount available for a single covered loss.
    United StatesInsurance
    FBT Gibbons
    FBT Gibbons

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