When tax-exempt or non-U.S. taxpayers invest in U.S. businesses, unwanted and unintended U.S. tax obligations can follow without careful planning. Blocker corporations have become a common strategy employed...
Obtaining a Phase I environmental site assessment (ESA) is essential to conducting environmental due diligence for commercial real estate transactions. The goal of a Phase I ESA is to evaluate readily...
Artificial intelligence (AI) tools and resources are inundating the news, social media, professional seminars, and inboxes. AI is part of every conversation across industries and professional services...
Do you need guidance in defending against claims brought under the recently overhauled California's Private Attorneys General Act (PAGA)? Read Private Attorneys General Act in California: Defending...
Confidently present your case in chief to the Trademark Trial and Appeal Board (TTAB) with this opening trial brief that an opposer/petitioner (plaintiff) may use in an opposition or cancellation proceeding...
In Hughes v. Northwestern University, much was expected, and little delivered. Hughes was an "excessive fee" lawsuit for which the U.S. Supreme Court heard oral argument in December 2021 and delivered a January 2022 opinion. Hughes v. Northwestern Univ., 2022 U.S. LEXIS 622 (Jan. 24, 2022), rev’g Divane v. Northwestern Univ., 953 F.3d 980 (7th Cir. 2020). The Court ultimately vacated the Seventh Circuit’s decision to permit dismissal under Fed. R. Civ. Proc 12(b)(6), directing the lower court to reevaluate the allegations as a whole, considering whether petitioners (participants) had plausibly alleged a violation of the ERISA duty of prudence, as articulated in Tibble v. Edison Int'l, 575 U.S. 523 (2015), applying the pleading standards discussed in earlier decisions.
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