LexisNexis® Legal Newsroom
The Wind and the Sun

By Gregory C. Dorris, Partner, Pepper Hamilton LLP Æsop Fables (Sixth century B.C.). The Harvard Classics 1909-14. Moral of the Story "Kindness Effects More Than Severity" THE WIND and the Sun were disputing which was the stronger. Suddenly they saw a traveller coming...

International Green Construction Code: Jumping the Gun and Veering off Track?

By Vicki R. Harding, Partner, Pepper Hamilton LLP As noted in a prior post , the final International Green Construction Code (IGCC) has been approved and is scheduled for publication in March 2012. The IGCC was developed by the International Code Council (ICC) - which issues model codes that are...

New Legislation Intended to Reduce Burdensome Regulation by Michigan Agencies

By Thomas P. Wilczak and Andrea E. Hayden, Attorneys, Pepper Hamilton LLP On November 28, 2011 Michigan's Gov. Rick Snyder signed five bills into law, three of which amend Michigan's Natural Resources and Environmental Protection Act (NREPA), and two that amend its Administrative Procedures...

Year End Nanotechnology Developments

By William J. Walsh, Of Counsel, Pepper Hamilton LLP The Environmental Protection Agency's Inspector General (IG) issued a report, EPA Needs to Manage Nanomaterial Risks More Effectively , December 29, 2011 critiquing EPA's regulation of nanomaterials (i.e., particles or fibers with a diameter...

Pepper Hamilton LLP Tax Update: Cut Unjustified Tax Loopholes Act Would Favor Foreign Fund Managers Over U.S. Managers

By Steven D. Bortnick and Timothy J. Leska , Attorneys, Pepper Hamilton LLP In March 2009, Sen. Carl Levin (D-Mich.) introduced the Stop Tax Haven Abuse Act (S. 506) (the 2009 Act) to "stop tax cheats" and target "off-shore tax abuses that rob the U.S. Treasury."[1] Although most...

Pepper Hamilton LLP Tax Update: Carried Interest Fairness Act of 2012 Retains Capital Gain on Enterprise Value

By Steven D. Bortnick and Timothy J. Leska , Attorneys, Pepper Hamilton LLP On February 14, 2012, Rep. Sander M. Levin (D-Mich.) again introduced legislation (H.R. 4016) to tax income from carried interests at ordinary rates. Taxing Carried Interests We have previously reported on the proposals...

PROTECTING INVESTORS IN THE U.S. AND ABROAD

The SEC faces a variety of issues in protecting U.S. investors in the capital markets of this country. Other regulators in this country and abroad face similar issues in protecting investors. A sample of recent actions from other regulators includes: FINRA: Citigroup Global Markets was fined $3.5...

Pepper Hamilton: Nike, Adidas Pledge to Stop Toxic Discharges from Supply Chain by 2020 – A Pledge that May Be Easier to Make than Keep

By William J. Walsh, Of Counsel, Pepper Hamilton LLP A number of companies (Adidas Group, C&A, G-Star, H&M, Li Ning, Nike Inc., and Puma) have pledged to eliminate hazardous chemical discharges from their factories by 2020. Specifically, they plan to verify that phthalates (a substance that...

Pepper Hamilton LLP Tax Update: New Chief Counsel Advice on Coordinated Acquisitions for Section 382 Purposes Raises Concerns

By Todd B. Reinstein , Partner, Pepper Hamilton LLP Section 382 limits a loss corporation's ability to use its tax net operating loss (NOLs) carryforward following an "ownership change."[1] An ownership change is triggered if one or more "5-percent shareholders" of the loss...

Pepper Hamilton LLP Tax Update: New Chief Counsel Advice on Coordinated Acquisitions for Section 382 Purposes Raises Concerns

By Todd B. Reinstein , Partner, Pepper Hamilton LLP Section 382 limits a loss corporation's ability to use its tax net operating loss (NOLs) carryforward following an "ownership change."[1] An ownership change is triggered if one or more "5-percent shareholders" of the loss...

Pepper Hamilton LLP Tax Update: Cut Unjustified Tax Loopholes Act Would Favor Foreign Fund Managers Over U.S. Managers

By Steven D. Bortnick and Timothy J. Leska , Attorneys, Pepper Hamilton LLP In March 2009, Sen. Carl Levin (D-Mich.) introduced the Stop Tax Haven Abuse Act (S. 506) (the 2009 Act) to "stop tax cheats" and target "off-shore tax abuses that rob the U.S. Treasury."[1] Although...