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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Bankruptcy fees cost Wilmington Diocese almost $16M

Bankruptcy fees have reached the spotlight recently, after they claimed almost one-third of the total payout in a recent Catholic diocesan insolvency case. The Wilmington Diocese’s move to file for protection under Chapter 11 of the bankruptcy law in 2009 cost $15.8 million in lawyers’ fees and other expenses, The Associated Press reported. About $77 […]

Author: Joel R. Glucksman

August 28, 2014

IMF: Japan May Be Unable To Afford Its Corporate Tax Cuts

In an International Monetary Fund Working Paper published recently, Ruud De Mooij and Ikuo Saito discussed the effects of the Japanese government’s upcoming corporate tax cut. The current Japanese tax on corporate income is 35 percent – on par with the American tax. After the cut, Japan’s rate will be reduced to 30 percent, leaving […]

Author: James F. McDonough

August 28, 2014

Sen. Dick Durbin Urges Hospira Not To Invert

After finding some success in pressuring Deerfield, Illinois-based Walgreens not to invert, Sen. Dick Durbin has set his sights on another multinational in his home state. The Senator sent a letter to the CEO of Lake Forest, Illinois-based Hospira on Aug. 14, urging them not to undergo a corporate inversion, according to The Chicago Tribune. An […]

Author: Scarinci Hollenbeck, LLC

August 27, 2014

Monkey "selfies" at the center of a copyright dispute

A recent copyright dispute highlights that even the animal kingdom is not immune from the “selfie” craze. British photographer David Slater contends that he owns a photograph taken by an Indonesian macaque that stole his camera. Meanwhile, Wikipedia contends that the image, which is posted on one of its websites, rightfully belongs in the public […]

Author: Fred D. Zemel

August 26, 2014

Momentive Faces Criticisms As It Heads To Bankruptcy Court

Apollo Global Management-owned silicone and quartz producer Momentive Performance Materials recently began a week of bankruptcy hearings to determine whether its plan to shed $3 billion of debt will be approved. Momentive filed for protection under Chapter 11 of the bankruptcy law in April after failing to turn a profit since its acquisition by Apollo in 2006, […]

Author: Joel R. Glucksman

August 26, 2014

Will Stepping-Up The Basis of Assets Become More Important Than Avoiding Estate Tax?

Trends come and go and taxation is no different. The change in 2001 to raise the estate tax exemption, now $5,340,000, and to lower the top estate tax rate, now 40%, shifted the emphasis in estate tax planning. The combined estates of most American couples will remain below $10,680,000, so estate tax is no longer […]

Author: James F. McDonough

August 25, 2014

Trademark Law And Duke vs. The Duke

Trademark law can be a tricky business. Laws pertaining to these marks need to be broad enough to cover situations in which a company or individual is attempting to ‘piggyback’ off the success of a brand via trademark infringement, while remaining unobtrusive enough to prevent brands from exploiting the law to discourage competition. A case […]

Author: Scarinci Hollenbeck, LLC

August 25, 2014

Entertainment and Sports

Return to Sender: Third Circuit Says USPS Can’t Be Trusted With FMLA Notices

New Jersey employers typically send required legal notices by regular mail via the U.S. Postal Service (USPS). And for good reason — the “mailbox rule” of the courts has long held that a letter sent to the correct address with proper postage affixed creates the legal presumption that it was received. A recent decision by […]

Author: Scarinci Hollenbeck, LLC

August 25, 2014

FMLA

Do a CEO’s Marital Woes Belong in the Boardroom?

In today’s fast-paced digital news environment, very little is off limits, and stories can spread like wildfire. The Donald Sterling saga is just one recent example. While interest in the actions of a company’s chief executive officer (CEO) was once confined to the boardroom, their personal lives are increasingly under scrutiny. From alleged illicit relationships […]

Author: Dan Brecher

August 22, 2014

Executive Order Puts Mandatory Arbitration Provisions Back in the Spotlight

President Barak Obama recently issued an executive order that restricts the use of mandatory arbitration provisions by federal contractors. The move is likely to reignite the debate over the continued use of such provisions in a number of other arenas. Under the Fair Pay and Safe Workplaces Executive Order, companies with federal contracts exceeding $1 […]

Author: Charles H. Friedrich

August 21, 2014

Arbitration

Panel of Federal Judges Halts Appeals In Detroit Bankruptcy Case

A panel of federal U.S. judges halted all appeals in the Detroit Bankruptcy Case on Aug. 1 at the request of a number of interested parties, according to the Detroit Free Press. Lawyers for Detroit, the state of Michigan, as well as state Attorney General Bill Schuette, representation for unions, pensioners and retirees wrote to the court, asking it […]

Author: Joel R. Glucksman

August 21, 2014

Mums the Word: The Power of Silence in Contract Negotiation

When negotiating a key business contract, sometimes what you don’t say can be just as powerful as what you do. In fact, silence is one of the simplest yet most frequently overlooked contract negotiation strategies. In today’s fast-paced world, we are not accustomed to silence. Too much quietness makes us uncomfortable, particularly when in the […]

Author: Dan Brecher

August 20, 2014

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