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Click to Download: Update on Oil & Gas Royalties Litigation-Key Valuation Issue s. Executive Summary. Issue: When oil and gas prices are lower than expected, royalties go down. This is often when litigation picks up. But the real issue has to do with a lack of clarity in the text of royalty and lease documents. And this issue boils down to the valuation point, the physical location where the commodity or products are measured.
Proposed Rule – Amendments to Regulations Under the Americans With Disabilities Act, 29 CFR Part 1630, __ Fed. Reg. __ (__); Proposed Rule – Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008, 29 CFR Part 1635, __Fed. Reg. __ (__). ADA. GINA. The EEOC has announced proposed regulations that would significantly change the wellness program incentives permitted under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA)
The Delaware Supreme Court heard argument on January 13th in the SourceHOV case, with interesting issues on the proper standard of review, the concept and application of operative reality, and expert credibility coming up. Some key questions asked and argued were: Of relevance to private company investors: what is the standard of review appropriate when there is no market evidence for an appraisal fight, and the Court is forced to decide between a ‘battle of the experts’?
As we approach the turn of the calendar year, I have my own set of rituals that prepare me for the new year. Last week, was my data week, where I download and analyze data on all publicly traded companies, listed anywhere in the world, and I will post extensively on what the numbers look like after a most tumultuous year. I also start thinking about my passion, which is teaching, the spring semester to come, and the classes that I will be teaching, repeating a process that I have gone through ev
Speaker: Susan Spencer, Principal of Spencer Communications
Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.
Click to Download: Update on Oil & Gas Royalties Litigation-Key Valuation Issue s Executive Summary Issue: When oil and gas prices are lower than expected, royalties go down. This is often when litigation picks up. But the real issue has to do with a lack of clarity in the text of royalty and lease documents. And this issue boils down to the valuation point, the physical location where the commodity or products are measured.
Rev. Procs. 2021-1 and 2021-4, 2020-1 I.R.B. 1 and 157 (Jan. 4, 2021). Available at [link]. The IRS has updated and restated its revenue procedures governing letter rulings, determination letters, and other guidance, including guidance about employee benefit plans. These revenue procedures supersede their 2020 counterparts (see our Checkpoint article ) and are generally effective as of their issuance date.
By: Matthew Kipnis. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Under section 365(d)(3) of title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession must generally pay rent in accordance with the terms of an unexpired lease. In In re Pier 1 Imports, Inc. , the United States Bankruptcy Court for the Eastern District of Virginia held that it is was within the scope of the court’s authority to delay a debtor-retailer’s
By: Matthew Kipnis. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Under section 365(d)(3) of title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession must generally pay rent in accordance with the terms of an unexpired lease. In In re Pier 1 Imports, Inc. , the United States Bankruptcy Court for the Eastern District of Virginia held that it is was within the scope of the court’s authority to delay a debtor-retailer’s
I spent the first week of 2021 in the same way that I have spent the first week of every year since 1995, collecting data on publicly traded companies and analyzing how they navigated the cross currents of the prior year, both in operating and market value terms. I knew that this year would be more challenging than most other years, for two reasons.
Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement. Available at [link]. HHS has announced proposed regulations that would make significant changes to targeted aspects of the HIPAA privacy rule, focused primarily on clarifying individual access rights. Highlights of interest to health plans include: Individual access right.
At many large, global companies, the financial data needed for tax calculations are scattered across the organization and around the world. Corporate tax managers often spend valuable hours trying to ascertain where source data is located and manually gathering the information they need from these disparate sources. Data may arrive via email in a variety of formats and stored in standalone Excel spreadsheets—requiring extensive manipulation so it will conform with tax department applications.
By: Lianna Murphy. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . A judicial admission “is a statement made by a party or its counsel” regarding a fact that is binding on the admitting party throughout the case. [1] In Pillars v. GM LLC , the United States Court of Appeals for the Second Circuit held that language from a superseded sale agreement was not a binding judicial admission because such admissions must be “deliberate, clear and unambiguous
Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker
The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l
By: Antonio G. Sciarrotta. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re The Sunshine Group, LLC. , the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the dismissal of a bankruptcy case because it was filed in bad faith. [1] The Sunshine Group, LLC. (the “Debtor”) operated a motel until 2015, when it began to develop plans to demolish the property and build an upgraded motel. [2] However, in 2016, the City of
By: Mary T. Michalos. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In response to the economic fallout of the global COVID-19 pandemic, Congress passed the CARES Act, a part of which made government-guaranteed loans available to qualified small businesses through the Paycheck Protection Program (“PPP”). [i] The Small Business Administration (“SBA”) swiftly implemented several regulations regarding PPP eligibility, one of which disqualified debtors in
By: Meghan Paola. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In March of 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in response to the Covid-19 pandemic. [i] Section 1102 of the CARES Act allows parties to apply for loans under the Paycheck Protection Program (“PPP”), which may be forgiven under certain circumstances.
By: Alexandria Stiteler. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange.
In this webinar, Joe Apfelbaum, CEO of Ajax Union and business strategist, will take you through the ABCs of intent data. You'll learn how to effectively use it to drive business results, with practical tips on how to leverage both company and contact intent data to maximize your marketing efforts. Whether you're a seasoned marketer or just getting started, this webinar is a must-attend for anyone looking to stay ahead in the ever-evolving world of digital marketing.
By: Valerie Timmerman. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . A court order for a stay pending appeal temporarily suspends the effect of a judgment while the decision is pending on appeal. [1] In In re Brown , the United States Bankruptcy Court for the Southern District of New York denied a non-debtor ex-spouse’s request for a stay pending appeal of an order expunging her claim to concealed marital assets. [2] According to the court, the ap
By: Eric Silverstein. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . Congress passed the Small Business Reorganization Act of 2019 (“SBRA”) to give small businesses a better chance to successfully reorganize under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). [1] One of the SBRA’s most important amendments was the addition of subchapter V to Chapter 11 of the Bankruptcy Code, which is designed to reduce the cost and comp
By: Priya Suresh. St John’s University School of Law. American Bankruptcy Institute Law Review Staff. Under section 1521 of title 11 of the United States Code (the “Bankruptcy Code”), a bankruptcy court may enter an order enforcing a foreign restructuring in the United States. [1] In In re Olinda Star Ltd., a bankruptcy court in New York held that it would recognize Olinda Star’s British Virgin Island (“BVI”) proceeding and grant full force and effect and comity to a BVI scheme of ar
By: Matthew A. Seymour. St. John’s University School of Law. American Bankruptcy Institute Law Review , Staff Member. . In Principal Growth Strategies, LLC v. AGH Parent LLC , the Delaware District Court held that it must abstain from hearing a lawsuit and remand it on equitable grounds. [1] Platinum Partners Value Arbitrage Fund L.P. (“PPVA”) was in liquidation proceedings in the Cayman Islands where liquidators were appointed. [2] Upon the liquidators’ request, the United States B
QUESTION: Our company is implementing a new self-insured group health plan for employees, spouses, and dependent children. The draft plan document excludes same-sex spouses from the definition of spouse. Is this type of exclusion still permitted? ANSWER: The Equal Employment Opportunity Commission (EEOC) says no, and a recent U.S. Supreme Court decision strongly supports that answer.
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