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Tax Court Giveth and Congress Taketh Away: Taxation of Sale of U.S. Partnership Interests by Foreign Persons and Impact on M&A Transactions

January 16, 2018
Mitchell W. Goldberg  |  Corporate, Mergers & Acquisitions, Taxation

The Tax Cuts and Jobs Act (H.R. 1) (the “Act”), signed by President Trump on December 22, 2017, implemented the most comprehensive overhall of the Internal Revenue Code of 1986, as amended (the “Code”) in decades. In particular, the Act overturned a 2017 Tax Court case, Grecian Magnesite Mining, Indus. & Shipping Co. v. Commissioner, 149 T.C.[…]

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A Statistical Lookback at 2017 for the Eleventh Circuit with a Focus on Bankruptcy Appeals in Florida

January 12, 2018
Ilyse M. Homer  |  Bankruptcy Litigation, Bankruptcy/Restructuring

Ever wonder about bankruptcy appeals; about how long a bankruptcy appeal to the Eleventh Circuit Court of Appeals will take? The answer lies in the Court’s statistical data. The Eleventh Circuit Court of Appeals was established by Congress in 1981 and has jurisdiction over federal cases originating in the southeastern states of Alabama, Florida, and[…]

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Beginning April 2, 2018, U.S. Companies May File H-1B Petitions on Behalf of Their Prospective Foreign Workers

January 3, 2018
Adriana Kostencki  |  Business Immigration, Corporate

The filing period for new H-1B petitions to be counted against the annual H-1B quota for Fiscal Year (FY) 2019 will begin on Monday, April 2, 2018. Cap-subject H-1B petitions will have an employment start date of October 1, 2018 or later. In preparation for the opening of the FY 2019 H-1B filing period, employers are strongly encouraged to begin[…]

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EEOC’s Lawsuit to Require a Trucking Company to Allow a Long-Distance Truck Driver to Have an Emotional Support Dog in His Vehicle is Headed Toward a Trial Court Decision in 2018

January 3, 2018
Frank Scruggs  |  Labor & Employment

A pretrial order that sets June 1, 2018 as the deadline for filing summary judgment motions and any challenges to the admissibility of expert witness testimony sets the stage for a court to decide the dispute between the Equal Employment Opportunity Commission (“EEOC”) and trucking company CRST International, Inc. and CRST Expedited, Inc. (“CRST”) over whether CRST (a long-distance trucking company) is obligated to allow a driver to have a service dog ride along to provide emotional support as an accommodation for the ADA-protected disability, Post-Traumatic Stress Disorder ("PTSD").[…]

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Long and Expensive Ride for Stay Violators

December 29, 2017
Lewis M. Killian Jr.  |  Bankruptcy Litigation

When a person takes an action against an individual debtor in bankruptcy in violation of the automatic stay imposed under Section 362(a) the debtor is entitled to recover damages under Section 362(k)(1) to include costs and attorneys’ fees. An issue regarding the extent of damages to be recovered has centered on whether the fees that shall be awarded are[…]

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Highlights of H.R. 1 (The “Tax Bill”), Formerly Known as the “Tax Cuts and Jobs Act,” Passed by Congress and Signed by the President

December 26, 2017
Mark Wisniewski  |  Corporate, Tax Litigation, Taxation

On December 22, 2017, the President signed into law the tax bill, an extremely broad and all-encompassing piece of tax reform legislation. the following is a brief synopsis in tabular format of select key provisions contained in the tax bill which generally go into effect on January 1, 2018:Tax Reform for Individuals TOPIC THE TAX[…]

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USCIS to Begin Accepting Applications Under the International Entrepreneur Rule

December 20, 2017
Adriana Kostencki  |  Business Immigration

Foreign entrepreneurs can soon apply to stay in the United States under a federal rule aimed at smoothing their path to grow their companies in the United States. On December 14th, the U.S. Citizenship and Immigration Services (USCIS) announced that it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with the ruling[…]

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U.S. Taxation of Convertible Virtual Currency - It Is Not a Myth!

November 29, 2017
Mark Wisniewski  |  Bitcoin, Taxation

There is a pervasive myth that virtual currency exists in a regulatory vacuum – but the Internal Revenue Service (the “IRS”), the U.S. Securities and Exchange Commission (the “SEC”), the U.S. Financial Crimes Enforcement Network (“FinCEN”), the Commodity Futures Trading Commission, and multiple state legislatures and regulators (e.g., blue sky laws, money[…]

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Florida State Sales Tax Rate on Commercial Real Property Leases Reduced

November 27, 2017
Barry D. Lapides  |  Commercial Real Estate, home owners associations, Real Estate, Real Estate Litigation

Florida State Sales Tax Rate on Commercial Real Property Leases Reduced Beginning January, 2018 As anyone who is involved in leasing commercial real property in Florida is aware, the State of Florida imposes a sales tax on rental payments for the lease of real property. The tax is imposed not only on the base rent, but also on any additional rent, or any[…]

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The Week in Marijuana (November 13-17, 2017)

November 21, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

It’s that time again. With the start of the 2018 state legislative session in Florida just a few weeks away, the annual ritual of committees, subcommittees, and administrative agencies holding hearings to review proposed legislation has begun.  In this blog, I summarize the current activity at the Department of Health (“DOH”) as it meanders its way through the medical marijuana jungle.[…]

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Short Survival Periods May Not Work in Florida

November 16, 2017
Phyllis S. Bean  |  Limitations, State & Local Government

Florida law generally invalidates contract provisions seeking to shorten the legal statute of limitations. This squarely conflicts with provisions in many business combination and other commercial contracts that attempt to create shorter time limits for claims under the agreement. For example, an acquisition agreement may provide an 18-month “survival”[…]

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The Eleventh Circuit Fundamental-LY Approves of Bar Orders

October 23, 2017
Paul Steven Singerman  |  Bankruptcy Litigation, bankruptcy litigation, Bankruptcy/Restructuring, Business Reorganization, Eleventh Circuit Court of Appeals, Florida Bankruptcy Attorneys, Fundamental Long Term Care; Subject Matter Jurisdiction

On October 19, 2017, the Eleventh Circuit Court of Appeals stated “a bankruptcy court can enjoin any civil action if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action or in any way impacts upon the handling and administration of the bankrupt estate.” In re: Fundamental Long Term Care, No. 16-16462, 2017 WL 46826791 at[…]

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