News & Insights

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Real Estate Advisor, December 2010


By Harry Moehringer  |  October 18, 2010

Marks Paneth has published the latest issue of Real Estate Advisor. Click below for the December issue.

Tax Alert: Small Business Jobs Act of 2010, October 2010


October 13, 2010

Congress has passed — and President Obama has signed — the Small Business Jobs Act of 2010 (SBJA); thereby, creating a $30 billion fund to provide capital to community banks to encourage lending to small businesses. The legislation also includes $12 billion in tax relief for small businesses and incentives to encourage investment in them. The SBJA also provides some benefits for larger businesses as well as for the self-employed and individual taxpayers.

Nonprofit Agendas, October 2010


October 8, 2010

Marks Paneth has published the latest issue of Nonprofit Agendas. Click below for the October issue.

Real Estate Advisor, October 2010


October 1, 2010

Marks Paneth has published the latest issue of Real Estate Advisor. Click below for the October issue.

Forensic Accountants: An Essential Part of the Bankruptcy Team


September 21, 2010

Bankruptcy is rampant. According to the United States Bankruptcy Court, there were 1.4 million bankruptcy filings in fiscal year 2009, a 32 percent increase over 2008. Bankruptcy filings for 2010 are higher still - data from AACER (Automated Access to Court Electronic Records) shows 379,000 bankruptcy filings in the first quarter of 2010, a 17 percent increase over the same quarter of the previous year. July 2010 saw a 24.2 percent increase in bankruptcy filings over the previous month. The upsurge in bankruptcy filings is unsurprising, given the severe economic downturn and the slow pace of recovery. Predictably, along with the high rate of bankruptcy filings comes another trend – a sharp and prolonged spike in bankruptcy fraud. Economic desperation – of the sort that drives individuals and businesses into bankruptcy – also drives them into complex schemes designed to conceal assets and shelter them from creditors.

Nonprofit Agendas, September 2010


September 1, 2010

Marks Paneth has published the latest issue of Nonprofit Agendas. Click below for the September issue.

The Firm Lands Top Spot in New York Law Journal Survey for Forensic Accounting


Sep 1, 2010

In a readership survey recently conducted by the New York Law Journal, Marks Paneth was chosen as one of the top three firms for "Best Forensic Accounting" in the New York area. Marks Paneth is the only mid-sized firm to be ranked among the top...

The Global Start-Up: A Look at Jurisdiction


August 27, 2010

You've weighed the entity options for your Start-Up. You now understand the tax differences between corporations and transparent entities and the impact they could ultimately have on your bottom line. You think you have a strong sense of where you want to set-up your legal entity. Or do you?

An Introduction to the Global Start-Up


August 6, 2010

Start-Ups have been around for a long time. Traditionally, they have been local enterprises run by small business entrepreneurs. Today, however, thanks to the Internet's global reach, entrepreneurs have the ability to tap networks and establish Start-Up operations all across the world.

Real Estate Advisor, August 2010


August 1, 2010

Marks Paneth has published the latest issue of Real Estate Advisor. Click below for the August issue.

Nonprofit Alert: Form 1099 Reporting and Tax Legislation: Summary of Changes, August 2010


August 1, 2010

Section 6041 of the Internal Revenue Code lays out the basic requirements for Form 1099 reporting. The Patient Protection and Affordable Care Act of 2010 includes a significant amendment to Section 6041, which now requires 1099 reporting for any payments aggregating $600 to a supplier per year. The new amendment will now create filing and reporting requirements for all for-profit corporations. The definition of a corporation that is contained in the amendment includes an exclusion or modification for tax-exempt corporations.

Economic Downturn Brings a Return to Classic Fraud


July 14, 2010

The mid-2000s financial bubble has run its course. Enron and MCI/Worldcom are history, Bernard Madoff has been sentenced, other major frauds have been exposed, and the world has moved from irrational exuberance to a new challenge: coping with the effects of what might become a prolonged downturn.

Nonprofit Alert: Mandatory FTC Identity Theft Program, July 2010


July 13, 2010

The Federal Trade Commission (FTC) issued the Red Flags Rule for financial institutions and creditors to fight identity theft. The rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect warning signs – or "red flags" – of identity theft in their day-to-day operations, take steps to prevent crime, and mitigate the damage it inflicts. The Red Flags Rule applies to financial institutions and creditors. The rule requires a periodic risk assessment to determine if the entity has covered accounts. A written program needs to be in place only if the entity has covered accounts.

New Requirement For Registered Investment Advisers - July 10th Deadline


By Steven L. Berse  |  June 25, 2010

The US Securities and Exchange Commission (SEC) has amended its custody rule — Rule 206(4)-2 under the Investment Advisers Act — to help safeguard investor assets. Now it's time for certain SEC-registered investment advisers (RIAs) to start taking steps to facilitate compliance with two major new SEC requirements.

Recipe for a Hedge Fund Litigation Nightmare


June 25, 2010

In many cases, domestic hedge funds are structured as limited partnerships with a general partner receiving the performance allocation and a separate limited liability company serving as the investment manager and receiving an asset-based investment management fee.

Securities Litigation Report, Discounted Cash Flow Methodology Can Give Litigators the Upper Hand


June 15, 2010

Most formulas used to arrive at valuations are based on Wall Street criteria. This is obviously the case in transactions, but not only in that instance. Valuation assumptions based on transactional formulas are commonly used by private equity investors to make strategic decisions about their portfolio companies, and by litigators and courts to argue for and arrive at determinations of damages.

Tax Alert: Health Coverage for Adult Children, May 2010


June 2, 2010

The Internal Revenue Service (IRS) has released guidance on provisions of the Patient Protection and Affordable Care Act (PPACA) related to the tax treatment of employer-provided health coverage for adult children. Under the PPACA, coverage requirements have expanded and such coverage is generally tax free for employees. IRS Notice 2010-38 explains the implications for workplace and retiree health plans, including cafeteria plans and flexible spending accounts (FSAs).

Real Estate Advisor, June 2010


June 1, 2010

Marks Paneth has published the latest issue of Real Estate Advisor. Click below for the June issue.

When Owner's Commitment And Dedication Work Against Them


May 25, 2010

Your client's business used to be a major success. Now it isn't. But if you rely on your client to tell you that he or she is in trouble, you'll be the last to know – and worse, you might be unable to intervene.

The Use of Attrition Rates for Economic Loss Calculations in Employment Discrimination Cases: A Hypo


May 21, 2010

In cases involving employment discrimination, claims such as failure to promote or wrongful termination, economists are asked to calculate the difference between what the plaintiff(s) would have earned had the alleged discriminatory act not occurred offset by what the plaintiff is now expected to earn given that the alleged discriminatory action did occur. The economic losses are based upon the plaintiff's past and future income specific to the employer who committed the alleged discriminatory act. By contrast, in cases involving personal injury and a permanent reduction in the plaintiff's earnings capacity, the economic losses are usually based upon the plaintiff's entire worklife expectancy, regardless of where the plaintiff would be working.

See Josefina's article originally published in Journal of Forensic Economics, 2004.

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