In 1968, Congress enacted the Federal Magistrates Act to institute a system of magistrate judges to replace the United States commissioner system, which had been in place in some form since the 1790s. The purpose of the act was “to improve the quality of the judicial officers serving just below the Continue Reading
In the Red: Decedent’s Creditors and Non-Probate Assets
Traditionally, wills were the primary vehicle under which wealth was transferred to heirs. A will generally contains an express declaration that the executor satisfy the testator's debts. Very generally, the executor or administrator is not merely the representative of the decedent's estate, but Continue Reading
Recent Developments in FATCA Compliance
Larry Sannicandro authors article "Recent Developments in FATCA Compliance," which appeared in 93 TAXES 51 issue. Continue Reading
Cloud Computing Legal Deskbook, 2013-2016 Editions
Cloud Computing Legal Deskbook serves as a compass to anyone navigating the complicated intersection of law and technology. Cloud services present a unique set of challenges for users, providers, and legal practitioners. The rules and regulations governing cloud services have not evolved at the same Continue Reading
Why More Restaurants Should Purchase Cyberinsurance
Restaurants face a cybersecurity threat that is pervasive and alarming. P.F. Chang’s China Bistro, the Dairy Queen and Jimmy John’s are just a few of the more notable examples of restaurants that have fallen victim to hackers, with each security breach affecting customers in multiple locations Continue Reading
L-1B Specialized Knowledge and the Slow Road to Adjudication
On March 24, 2015, the U.S. Citizenship and Immigration Services published a Draft Policy Memorandum on L-1B Adjudication Policy. Ostensibly, it "provides guidance on the adjudication of the L-1B classification." As I read it, I was listening to the Strokes. (Please don't think I'm slacking, I Continue Reading
The Patent Is Dead; Long Live The Royalties!
An upcoming Supreme Court ruling could extend product royalties beyond the life of a patent, and thus have a major impact on pharma and medtech deal structures and bottom lines. This article covers what companies need to do now to prepare. Continue Reading
Delaware Expands Rights of Nonmembers of Delaware LLCs
The plain language of Section 18-802 of the Delaware LLC Act provides that “member[s] and manager[s]” have statutory authority to petition for dissolution of a Delaware limited liability company “whenever it is not reasonably practicable to carry on the business in conformity with a limited Continue Reading
A 21st-Century Approach to Litigating Valuation Issues
The Future of Trade with Cuba
On January 16, 2015, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a final rule amending the Cuban Assets Control Regulations to implement policy changes announced by President Obama a month earlier. The amendments eased travel to Cuba for authorized purposes, raise Continue Reading