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20 May 2024, 6:26 am by Kevin LaCroix
After all, the legal framework of Section 10(b) of the Exchange Act and Section 11 of the Securities Act is over 90 years old. [read post]
1 May 2024, 11:52 am by Brian Clark
While the foregoing statutory change did eliminate one avenue for achieving capital gains on self-created patent sales, it at least clarified that IP capable of both patent and copyright protection cannot be capital assets.[12] Individual inventors therefore need to look to § 1235 to obtain capital gain treatment on the taxable disposition of self-created patents.[13]  Finally, capital gain or loss treatment is not always assured even if the… [read post]
28 Apr 2024, 11:33 am by admin
To Egilman, it was obvious that material forces of capitalism meant that manufacturing industry was incapable of honestly defending its products. [read post]
22 Apr 2024, 1:36 pm by Brian Clark
For consistency and symmetry the seller or licensor (and by extension the IRS) will care a great deal about the acquirer’s (or licensee’s) tax treatment of these payments because royalty income is typically taxed at ordinary rates while gains on sales can achieve capital gain rates. [read post]
22 Apr 2024, 1:11 pm by Kevin LaCroix
Section 20(a) and Section 15 are parallel provisions that “set out ‘control person’ liability—providing a vehicle to hold one defendant vicariously liable for the securities violations committed by another. [read post]
3 Apr 2024, 9:01 pm by renholding
And most importantly, a decade’s worth of arguments that have been serially rejected in one way or another by court after court.[7] As we have consistently maintained, and as court after court has confirmed, the federal securities laws apply equally to everyone. [read post]
2 Apr 2024, 9:01 pm by renholding
  Rather, the Court’s opinion should be read to mean that the provisions were invalid solely because they had not been implemented in one of the manners that the statute expressly permits. [read post]
27 Mar 2024, 9:01 pm by renholding
The Proposal is one of a series of recent efforts to revisit and modify bank merger standards, beginning with President Biden’s Executive Order on Promoting Competition in the American Economy in July 2021, a statement in a speech in June 2023 by Assistant Attorney General Jonathan Kanter that the Department of Justice (DOJ) would be reassessing the prevailing approach to bank merger enforcement, and a notice of proposed rulemaking in January… [read post]
27 Mar 2024, 3:39 pm by Guest Author
CFPB, Justice Kagan accused the majority of deploying an “anti-power-concentration principle” to declare the agency’s single-director structure unconstitutional.[2] She then quipped, without citation, that “[i]f you’ve never heard of a statute being struck down on that ground, you’re not alone. [read post]