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Publication Results

A recent letter ruling is one of the few “significant issue” rulings issued by the IRS Office of Chief Counsel (Corporate) after it stopped ruling generally on most nonrecognition transactions in Subchapter C. It should have been simple, as spinoffs go, because it was all domestic and involved a pro rata spinoff to public shareholders, where the possibility of “device” is almost nonexistent. And yet, getting to “yes” required a lot of tax engineering.
April 2, 2015
Publications
Our Labor & Employment and Securities Litigation Groups explain how one company’s confidentiality agreement fell prey to Dodd-Frank’s whistleblower laws, hard on the heels of the SEC’s sweep for documents.
April 2, 2015
Advisories
Despite the Delaware Court of Chancery’s decision in Pontiac General Employees Retirement System v Healthways, C.A. No. 9789-VCL (Del. Ch. Oct. 14, 2014) (transcript ruling) denying motions to dismiss claims against a borrower and the administrative agent of a credit facility, many banks continue to believe that including a provision in credit agreements that allows the banks to require the prompt repayment of their loans if a dissident stockholder’s nominees are elected as a majority of the board of a borrower is an appropriate and effective way to protect the financial interests of the banks and their stockholders.
March/April 2015
Publications
The U.S. Supreme Court recently issued its first substantive trademark ruling in a decade in Hana Financial, Inc. v. Hanna Bank.
April 2015
Publications
“IRS Notice 2015-17: Pardon for Employer Payment Plans or Just a Stay of Execution?,” Bloomberg BNA Tax and Accounting Center, April 2015.
April 2015
Publications
A “swear jar” for big pharma: the Medical Innovation Act would tack on additional punishment
for companies looking to settle alleged violations with the government.
April 2015
Publications
This article will provide a roadmap to the most pertinent bankruptcy provisions impacting the servicing of residential
mortgage loans, with some tips for avoiding the landmines.
March/April 2015
Publications
A simple spinoff is usually not a simple thing. Our Federal Tax Group explains an IRS letter ruling that required a lot of tax engineering to get to “yes.”
April 1, 2015
Advisories
“Twin Tweaks: Rise of the Simple Machines," SERVO Magazine, April 2015.
April 2015
Publications
A legal update on privacy, data security, and all things cyber by the attorneys of Alston & Bird.
April 2015
Publications
Bankruptcy courts are treating state law counterclaims as “noncore” and sending those cases back to the district court for further review. Our Bankruptcy, Workouts & Reorganization Group explains why this means greater costs and delays.
March 31, 2015
Advisories
In recent years, the DOJ has increasingly turned to Deferred Prosecution Agreements (DPAs) or Non-Prosecution Agreements (NPAs) to affect corporate reform and compliance by companies facing criminal prosecution. The numbers prove this point.
March 31, 2015
Publications
The Supreme Court brightens the line between fact and opinion for companies offering statements to investors. Our Securities Litigation Group explains how.
March 27, 2015
Advisories
The following is the A&B Healthcare Week In Review for the week ending March 27, 2015.
March 27, 2015
Publications
Our Bankruptcy, Workouts & Reorganization Group explains why a district court ruled that a bankruptcy court is equipped to determine well-settled principles of law such as the Federal Arbitration Act and so refused to withdraw its reference to the bankruptcy court.
March 26, 2015
Advisories
The disclosure requirements under the Employee Retirement Income Security Act are enumerated, specific and limited. So are ERISA’s fiduciary duties. By its terms, ERISA does not impose any fiduciary “duty to disclose” information beyond that described in the statute. However, some courts have interpreted the fiduciary duties of loyalty and prudence as imposing additional disclosure obligations with regard to benefit plans in certain circumstances.
March 26, 2015
Publications
Our Health Care Group provides an in-depth look into the Supreme Court’s oral arguments over four small words that could unravel the Affordable Care Act.
March 26, 2015
Advisories
We learned from a recent survey of senior in-house counsel that class actions are on the rise and their stakes are getting higher. The survey reported that more than 15 percent of the class actions are “high-risk,” an increase of more than 300 percent since 2011. With the recent Supreme Court class decisions making it marginally harder to proceed on a class basis, the plaintiffs’ bar appears to be betting heavier on higher-stakes cases.
Winter 2015
Publications
Construction Cite is a bimonthly publication by Alston & Bird’s Construction Group that highlights trends in construction law and the construction industry.
March 2015
Publications
“Sirius and Pandora Cases Raise Fundamental IP Issues,” Managing Intellectual Property, March 23, 2015.
March 23, 2015
Publications