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  • Article

    The Continuing Saga Of Mortgage Errors: Not All "Boo-Boos" Are Fatal

    Even minor errors in a mortgage can result in avoiding the mortgage in a bankruptcy.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    FATCA Withholding And Reporting Deferred For Six Months

    In response to taxpayer concerns about the practicality of meeting certain FATCA compliance timeline dates, the IRS has extended some of those dates and made certain conforming changes.
    United StatesTax
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    CFPB Issues Final Ability To Repay Rule And ‘Qualified Mortgage’ Standard

    On January 10, the Consumer Financial Protection Bureau issued a final rule, as mandated by provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
    United StatesConsumer Protection
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Don't Short Before The Deal, SEC Reminds Hedge Funds And Buyside Firms

    On September 17, 2013, the Securities and Exchange Commission announced enforcement actions against 23 investment firms for violations of Rule 105 of SEC Regulation M.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    U.S. District Court Rebuffs ICI Challenge To CFTC Rule 4.5 Amendments

    On December 12, 2012, the U.S. District Court for the District of Columbia released its decision in Investment Company Institute v. U.S. Commodity Futures Trading Commission, rebuffing the Investment Company Institute (ICI)’s and U.S. Chamber of Commerce (Chamber)’s efforts to overturn recently adopted Commodity Futures Trading Commission (CFTC) amendments to CFTC Rules 4.5 (exclusion from definition of commodity pool operator) (CPO) and 4.27 (CPO and CTA reporting requirements) (the Amended Rul
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Long Time Coming: United States Wins First Extradition On Antitrust Charge

    The U.S. DOJ announced its first-ever successfully litigated extradition of a foreign citizen to the United States in a federal criminal antitrust case.
    United StatesAntitrust/Competition Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    IRS To Reinvigorate Its QETP Program In Effort To Crack Down Harder On Independent Contractor Misclassification

    The Chief of the IRS’s Employment Tax Policy section, John Tuzynski, told lawyers on May 10, 2013 at an American Bar Association’s meeting of tax lawyers in Washington, D.C. that the IRS will soon be pursuing more cases involving independent contractor misclassification through its Questionable Employment Tax Practices program.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey Court Approves Contract That Limits Employee’s Time To Bring Discrimination Claim

    The Superior Court of New Jersey ruled that an employee is bound by his agreement to a six-month limitation period to file any suit against his employer.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgage Liens: Can Liens Be "Stripped Off" (Vs. "Stripped Down") In A Chapter 7 Case?

    A discussion on a recent case, where the bankruptcy court held that a totally underwater junior lien on a residential property could be "stripped off" in a Chapter 7 case, thus choosing to follow a Second Circuit case that addressed the issue in a Chapter 13 case.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Sale "Free And Clear": Adequate Protection Of Nothing Is Nothing

    After substantially all of the debtors’ assets were sold in a bankruptcy sale, a secured lender and a state tax authority made competing claims for turnover of sale proceeds.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Student Loan Discharge Upheld Under Clear-Error Standard

    In a recent decision, the U.S. Court of Appeals for the Ninth Circuit reversed an Oregon district court judgment in Hedlund v. Educational Resources Institute, No. 12-35258, D.C. No. 6:11- cv-6281-AA, finding that court's de novo review of a Section 523(a)(8) proceeding to be improper and holding that the bankruptcy court's good-faith finding should be reviewed solely for clear error.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Military Government Contractor And Health Care Network Sued For Independent Contractor Misclassification

    On October 2, 2012, a class action lawsuit was filed against MHN Government Services and its parent, Managed Health Network (MHN), claiming that the government contractor misclassified over 1,200 employees as independent contractors and, as a result, failed to pay massive amounts of overtime pay required under the federal wage and hour law.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The 2014 Budget and Independent Contractor Misclassification: "Preventing and Detecting Misclassification of Employees as Independent Contractors" Remains a Funding Highlight in President Obama’s Newest Budget

    One of the "funding highlights" listed in the section of the Budget covering the Department of Labor is to "Maintain support for agencies that protect workers' wages, benefits, health and safety, and invest in preventing and detecting the misclassification of employees as independent contractors."
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Oregon Court Of Appeals Holds General Contractor Cannot Offset Costs Of Repairing Subcontractor’s Defective Work After Subcontractor Is Terminated "For Convenience" Without An Opportunity To Cure

    This action arose from a payment dispute between a general contractor, Catamount Constructors, Inc., and one of its subcontractors, Steelwood Construction, Inc.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    FSOC Recommends And Seeks Comment On Money Market Mutual Fund Reform

    On November 13, the Financial Stability Oversight Council (FSOC) voted unanimously to advance its report entitled "Proposed Recommendations Regarding Money Market Mutual Fund Reform."
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    SEC And European Securities Regulators Enter Into Cooperation Agreements To Share Information Regarding Fund Managers

    The Securities and Exchange Commission recently entered into a memorandum of understanding with various member states of the European Union and European Economic Area formalizing an agreement that facilitates the sharing of information and other assistance between the regulators in relation to private fund managers.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Finding Bank Fraud Without Defrauding Bank – Supreme Court Grapples With Reach Of Federal Criminal Bank Fraud Statute

    Petitioner Kevin Loughrin stole checks that he altered and used to purchase goods from Target, which he then returned to Target for $1,184.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey Enacts New Rebuilding Rules In Response To Superstorm Sandy

    A discussion on the impact of Superstorm Sandy on New Jersey's real-estate sector.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Rev. Proc. 2014-24 Provides Taxpayers Relief When Missing Form 1122 On Joining A Consolidated Group

    On March 10, the IRS released Revenue Procedure 2014-24, establishing the rules for when the IRS will automatically determine that a subsidiary corporation that had failed to file a properly and timely executed Form 1122, Authorization and Consent of Subsidiary Corporation To Be Included in a Consolidated Income Tax Return, will nonetheless be included in the affiliated group.
    United StatesTax
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Beware And Be Smart: California Remains A Danger Zone For Resale Price Restrictions

    Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law.
    United StatesAntitrust/Competition Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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