Cures Act Approves HRAs for Small Employers
The 21st Century Cures Act was signed into law by President Obama on December 13, 2016. In addition to funding medical research, accelerating cutting-edge treatments for rare diseases and adding significant reforms to the mental health system, the new legislation...
Employee, Partner or Both? Recent Developments Help You Decide
If you are an employee, a partner, a partner who doesn't know it, or a combination of these classifications, there may be serious tax implications. Here are some recent developments that you need to know if you participate in a business that's operated as a...
New Version of Form I-9 Issued
Recently, a new version of Form I-9, "Employment Eligibility Verification," has been issued by the U.S. Citizenship and Immigration Services (USCIS). It’s dated November 14, 2016 and has an August 31, 2019 expiration date. Beginning on January 22, 2017, employers must...
Chancery Again Puts Trust in Merger Price Over Questionable DCF
Merion Capital LP & Merion Capital II LP v. BMC Software, 2015 Del. Ch. LEXIS 268 (Oct. 21, 2015) Don’t second-guess the result of a robust, arm’s-length sales process! That’s the view the Delaware Court of Chancery has been taking lately in statutory appraisal...
What Is the Correct Standard of Value in Divorce?
The specialty of business valuation is evolving, and one recent development is the emergence of investment value as the appropriate standard of value in some divorce cases, rather than fair market value. This trend is important to monitor to ensure your valuation...
Debt or Equity? New Guidance Helps You Decide
Generally, corporations can deduct interest on debts for federal tax purposes, and a valid obligation exists if the parties intended to create a debt, and the debt is enforceable and unconditional. A capital contribution, in contrast, is a direct or indirect...
Year-End Reminder: Don’t Forget FSAs
The holidays can be a joyous time of year, but also very chaotic. It's easy to forget to spend any remaining funds in your Flexible Spending Accounts (FSAs) before New Year's Day while you're juggling shopping for gifts, decorating your home and planning get-togethers...
Trial Court Fumbles Economic Damages Assessment
Lane v. Lampkin, 2015 Miss. LEXIS 503 (Oct. 8, 2015) (Lampkin II) It’s not uncommon for a trial court to decide a valuation issue by “splitting the baby”—that is, reaching a compromise somewhere in the middle of the opposing figures. Often the decision, however...
Destruction of Financial Evidence in Damages Case
Bruno v. Bozzuto’s, Inc., 2015 U.S. Dist. LEXIS 156339 (Nov. 19, 2015) What goes around comes around. In a contract action, finance professionals made one bad decision after another, until the case collapsed under a Daubert challenge. ‘Most infamous plot twist’ A...
The ACFE Puts a Spotlight on White Collar Crime
According to the 2016 Report to the Nations on Occupational Fraud and Abuse published by the Association of Certified Fraud Examiners (ACFE), the average organization loses 5% of its annual revenues to fraud. Bear in mind, that's the top line of your income statement,...