New Markets Tax Credit, Affordable Housing, and Super Storm Sandy momjian historic_tax_credits historic_boardwalk_case | Historic Tax Credit Program | Friday May 24, 2013 | By Arthur J. Momjian

In the aftermath of the Third Circuit's decision in Historic Boardwalk Hall LLC v. Commissioner , the IRS has announced its intention to provide guidance for   tax structures where developers work with investors to use Federal Historic Tax Credits to...

White-Collar Criminal Law enforcement collar securities sec white | General | Friday May 24, 2013 | By Mauro M. Wolfe

By: Mauro Wolfe On May 15, 2013, the U.S. Securities and Exchange Commission charged CEO Dejun Zou and board chair Amy Qiu, husband-and-wife executives at China-based RINO International Corporation, alleging that they engaged in a scheme to...

New Markets Tax Credit, Affordable Housing, and Super Storm Sandy momjian hurricane_sandy low-income_housing_tax_credit new_markets_tax_credits | New Markets Tax Credit Program | Thursday May 23, 2013 | By Arthur J. Momjian

U.S. Rep. Bill Pascrell, Jr. (D-NJ-09) lead a bipartisan coalition including Reps. Joseph Crowley (D-NY), Rodney Frelinghuysen (R-NJ), Michael Grimm (R-NY), John Larson (D-CT), Frank LoBiondo (R-NJ), Charles Rangel (D-NY), Tom Reed (R-NY) and Carolyn McCarthy...

Duane Morris on Puerto Rico and the Caribbean solar marco_a._gonzalez_jr. autonomous_energy_council council_for_electric_reliability ppa governor_alejandro_garcia_padilla prepa executive_order puerto_rico power_purchase_agreement renewable_energy | Puerto Rico | Tuesday May 21, 2013 | By Marco A. Gonzalez, Jr.

On May 14, 2013, Governor Garcia Padilla issued three Executive Orders (“EO”) designed to establish an orderly plan for the gradual implementation of renewable energy sources to reduce the Island’s dependence on fossil fuels and to set forth parameters for...

Duane Morris TechLaw blackberry iphone crackberry aps | Information, Technologies and Telecom | Tuesday May 21, 2013 | By Eric J. Sinrod

Up until recently, and for years, I was a lawyer addicted to his BlackBerry. My BlackBerry always was on my hip, ready for immediate use. I became so proficient that I literally could type as fast with two thumbs on the device as I could with all of my fingers...

Duane Morris Sports Law income endorsement athletes sports kenneth_shropshire thomas_wechter personal_service_ taxation royalty | General | Monday May 20, 2013 | By Kenneth L. Shropshire

Athletes need to be cautious about the characterization of income, especially when the income is earned in a foreign jurisdiction This is true for a variety of decisions from the timing of receiving income, to how the taxing authorities will ultimately...

Non-Compete & Trade Secrets Law aerofoil cfaa_scope_circuit technologies_lawrence_h._pockers split_advanced | General | Monday May 20, 2013 | By Lawrence H. Pockers

One of my recent blog posts highlighted how the United States Supreme Court’s dismissal of the petition for writ of certiorari seeking review of the Fourth Circuit’s opinion in WEC Carolina Energy Solutions, LLC v. Miller , 687 F.3d 199 (4th Cir. 2012),...

Duane Morris Construction Law stan_martin transportation cm/gc construction | General | Friday May 17, 2013 | By Stan Martin

Tennessee has enacted a pilot program for public transportation projects using CM/GC project delivery.   This represents an incremental expansion of the delivery method on public projects nationwide, albeit on a trial basis for Tennessee.   The...

Duane Morris Sports Law kenneth_shropshire media event sports | General | Thursday May 16, 2013 | By DuaneMorris3

Duane Morris special counsel Kenneth Shropshire will moderate the " Investment in Human Capital " panel during the Impact of Sports conference on Wednesday, May 22, 2013. Sports can help focus young adults and provide leadership skills,...

Duane Morris Health Law coding emergency_department cms health information department_of_justice doj facility technology hhs | Health Law | Thursday May 16, 2013 | By DuaneMorris3

Although the professional component of coding for evaluation and management services ("E&M Services") has been scrutinized over the years, until recently, little attention has been given to coding practices for the facility component of these...

New Markets Tax Credit, Affordable Housing, and Super Storm Sandy new_markets_tax_credits momjian | New Markets Tax Credit Program | Wednesday May 15, 2013 | By Arthur J. Momjian

The form of 2012 New Markets Tax Credit Allocation Agreement has been released by the Community Development Financial Institutions (CDFI) Fund.   Notably the form allocation agreement has two significant changes. First, the Allocation Agreement...

Duane Morris Banking Law fcpa broker-dealer private_equity hedge_fund financial_markets compliance banks international white-collar | General | Tuesday May 14, 2013 | By DuaneMorris3

On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York (SDNY) unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official for engaging in...

White-Collar Criminal Law broker wolfe dealer international white collar fcpa | General | Tuesday May 14, 2013 | By Mauro M. Wolfe

On May 7, 2013, the U.S. Attorney’s Office for the Southern District of New York unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official for engaging in a “Massive...

Duane Morris Construction Law claims millwright of construction waiver kearney lydon releases bock kleinknecht partial | General | Monday May 13, 2013 | By Patrick J. Kearney

In the construction industry, the payment application process usually requires contractors and subcontractors to complete a great deal of paperwork.   In addition to submitting traditional payment applications that identify the contractor’s or...

Duane Morris on Puerto Rico and the Caribbean cuba_amendment regulations cacr embargo cuba jose_aquino supremacy_clause florida duane_morris marco_a_gonzalez_jr odebrecht scotus | Cuba | Thursday May 09, 2013 | By Marco A. Gonzalez, Jr.

The case involves a Florida law, known as the “Cuba Amendment,” 2002 Fla. Laws 196, §2,   that broadly prohibits any company that does business in Cuba or Syria – or that is in any way related to a company that does business in Cuba or Syria – from...

Duane Morris Insurance Law corenbaum howell anhalt lampkin | Insurance Business and Regulatory Developments | Thursday May 09, 2013 | By Jeffrey J. Anhalt

In Corenbaum v. Lampkin, --- Cal.Rptr.3d ----, 2013 WL 1801996 (Cal.App. 2 Dist.), the court made it clear that when calculating damages in a personal injury lawsuit, the projected value of future medical services must be based upon the amount paid , rather...

Duane Morris TechLaw nlrg worker improper facebook termination firing complaint | Information, Technologies and Telecom | Wednesday May 08, 2013 | By Eric J. Sinrod

In the case Design Tech. Grp. LLC d/b/a Bettie Page Clothing , the National Labor Relations Board (NLRB) has ruled that employees of a clothing company were improperly terminated based on comments they made on Facebook complaining about their supervisor...

Duane Morris Banking Law walter_greenhalgh burden_of_proof secured_creditor automatic_stay_relief american_airlines chapter_11 bankruptcy adequate_protection | General | Tuesday May 07, 2013 | By Walter J. Greenhalgh

In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic stay under 11 U.S.C. § 362(d), a...

Duane Morris TechLaw banks burton wire_fraud | Information, Technologies and Telecom | Friday May 03, 2013 | By DuaneMorris3

A Missouri court recently handed down a judgement in an ACH/wire fraud dispute between Choice Escrow and BancorpSouth, and in a change from rulings in similar cases, this judgment favored the bank. The judge's findings may well impact how other cases are...

Duane Morris Banking Law wire_fraud burton banks | General | Friday May 03, 2013 | By DuaneMorris3

A Missouri court recently handed down a judgement in an ACH/wire fraud dispute between Choice Escrow and BancorpSouth, and in a change from rulings in similar cases, this judgment favored the bank. The judge's findings may well impact how other cases are...

Duane Morris TechLaw health_information_technology hit ftc medical_app mhealth security_by_design privacy_by_design fda | Information, Technologies and Telecom | Friday May 03, 2013 | By Lisa W. Clark

Mobile health (“mHealth”) medical app developers, including health information technology (“HIT”) and telemedicine app developers, tend to focus on FDA requirements.   Indeed since many of these apps may be categorized as medical devices, and the FDA...

Duane Morris Health Law medical_apps mhealth mobile_health hit clark ftc fda telemedicine security_by_design health_information_technology telehealth privacy_by_design | Health Law | Friday May 03, 2013 | By Lisa W. Clark

Mobile health (“mHealth”) medical app developers, including health information technology (“HIT”) and telemedicine app developers, tend to focus on FDA requirements.   Indeed since many of these apps may be categorized as medical devices, and the FDA...

White-Collar Criminal Law General | Friday May 03, 2013 | By Daniel R. Walworth

According to the Wall Street Journal , the Justice Department has invoked the 1948 Wartime Suspension of Limitations Act (the “WSLA”) in an effort to aggressively extend and suspend statutes of limitations in alleged financial crimes.   Pursuant...

Duane Morris Construction Law bidder stan_martin rhode_island prevailing_wage construction | General | Thursday May 02, 2013 | By Stan Martin

There may not be a law like it anywhere else in the country.   But in Rhode Island, by statute , the second-low bidder can pursue a claim for damages if the low bidder violates the prevailing wage laws.   A recent Superior Court decision...