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Winston & Strawn LLP | USA | 24 Aug 2016

NYSE Clarifies Position That Amendment of Equity Incentive Plan to Allow Maximum Tax Withholding Is Not a Material Amendment

Since FASB amended Accounting rules to give companies the flexibility to withhold taxes from stock plan vestingexercise at a rate above the minimum


Katten Muchin Rosenman LLP | USA | 14 Aug 2016

Court Refuses to Dismiss Malpractice Claim Against MF Global Accountant

PriceWaterhouseCoopers LLP failed in its effort to have a federal court in New York City dismiss a malpractice claim brought against it by the plan


Davis Wright Tremaine LLP | USA | 23 Apr 2015

New York State Attorney General issues guidance on the audit oversight provisions of the New York Non-Profit Revitalization Act of 2013

The New York State Attorney General's Charities Bureau recently issued guidance on one of the key provisions of the New York Non-Profit


Morrison & Foerster LLP | USA | 5 May 2014

ALJ provides taxpayer limited award of legal fees in withholding tax dispute

In Matter of Max Oshman, DTA No. 825941 (N.Y.S. Div. of Tax App., Apr. 3, 2014), a New York State Administrative Law Judge ruled that the Department


Orrick, Herrington & Sutcliffe LLP | USA | 16 Apr 2013

In the SDNY, hindsight is no substitute for red flags when alleging scienter

On April 8, 2013, Judge Shira A. Scheindlin of the Southern District of New York granted auditor Deloitte Touche Tohmatsu CPA's ("DTTC") motion to


Jackson Lewis PC | USA | 27 Mar 2013

Another New York Federal Court narrowly construes the federal Computer Fraud and Abuse Act

When an executive search firm bought the goodwill and other assets of a similar firm and learned that the individual sellers took client lists and


Jackson Lewis PC | USA | 13 Dec 2012

Southern district judge McMahon: junior accountants are exempt "professionals"

FLSA litigation generally moves from industry-to-industry, and, in the most recent wave of litigation, one of the hardest hit industries has been the accounting profession, particularly the “big four” accounting firms, which have been subjected to large-scale challenges of their classification of junior accountants as exempt. Typically, these individuals hold accounting degrees and work on massive audit projects for their employer.


Fox Rothschild LLP | USA | 6 Dec 2012

Professional exemption defense dooms large FLSA collective action against KPMG

A federal judge has dismissed a FLSA class action lawsuit where the theory was the group of employees was improperly classified as exempt.


McDaniel & Park PC | USA | 6 Nov 2012

Trademark counterfeiting case justifies asset freeze

The assets that may be frozen to fund an equitable accounting in a trademark counterfeiting case are limited to those necessary to disgorge profits, according to a recent decision in the Southern District of New York.


Mayer Brown | USA | 6 Aug 2012

US Court of Appeals for the Second Circuit holds rapid post-fraud stock rebound does not bar securities fraud suit

The failure to allege economic loss and loss causationessential elements of a securities fraud claimshould be fatal to a Rule 10b-5 complaint.

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