Expert Analysis

In the current commercial real estate market, mortgage lenders' cautious approach should continue to provide mezzanine lenders with ample opportunities. By maintaining an important role in transactions, mezzanine lenders can gain more leverage when negotiating intercreditor agreements, say attorneys at Schulte Roth & Zabel LLP.

Last month, the IRS updated its voluntary disclosure practices. For taxpayers without criminal exposure, the updated protocol can provide the optimal route for an offshore disclosure, but more palatable options likely exist for the significant majority of noncompliant taxpayers, says Patrick McCormick of Drucker & Scaccetti.

With no end in sight for Section 301 tariffs on goods imported from China, importers may want to examine supply chains for savings. Useful strategies include reviewing purchase order terms, shifting component production and using first sale to save on duties, says Laura Siegel Rabinowitz of Kelley Drye & Warren LLP.

Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

The U.S. Department of Justice's $236 million settlement last month with three South Korean companies was the largest ever for anti-competitive conduct against the U.S. government. A whistleblower’s role as the catalyst for that bid-rigging investigation may be a sign of things to come, say David Caputo and Zachary Arbitman of Youman & Caputo LLC.

A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.

The U.S. Food and Drug Administration wants to "modernize" the approval process for medical devices based on older products by encouraging developers to use more modern devices as predicates. This does not mean older devices are unsafe, but the negative implication seems undeniable, say Patricia Kaufman and Joel Schwartz of Stinson Leonard Street LLP.

New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.

Historically, the parking lot tax was one of a handful of taxes that were not actively audited. However, in the past few years in Cook County, Illinois, there has been a significant uptick in audits and challenges to taxpayer positions on the tax, says David Machemer of Horwood Marcus & Berk Chtd.

In Frank v. Gaos, the U.S. Supreme Court may never address the issue of cy pres awards if it instead rules that none of the named plaintiffs had standing to bring the class action in the first place, says Steve Carey of Parker Poe Adams & Bernstein LLP​​​​​​​.

Comments during oral argument in Dawson v. Steager suggest the U.S. Supreme Court will strike as discriminatory a West Virginia statute that taxes pensions of federal retirees. The question is how broadly the justices will apply the doctrine of intergovernmental tax immunity, says Cardozo School of Law professor Edward Zelinsky.

A new proposal by the U.S. Securities and Exchange Commission represents a major step forward in updating the disclosure and delivery requirements imposed on the variable insurance products industry. Embracing the new regime, however, will take some work and is not without certain challenges, say attorneys with Eversheds Sutherland.

Many of the bills submitted at the end of the Texas Legislature's last session for consideration next year affect the workplace and carry the potential to significantly alter the landscape for employers and their employees, says Felix Digilov of Fisher Phillips.

Two recent decisions from the Federal Circuit — Novartis AG v. Ezra Ventures and Novartis Pharmaceuticals v. Breckenridge Pharmaceutical — clarify the law of "obviousness-type double patenting" and give certainty to biopharmaceutical patent owners, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

The Federal Reserve Board recently issued two proposals that represent a significant change in the prudential regulation of large banking organizations. Attorneys with Debevoise & Plimpton LLP examine the notable aspects of the new framework.

The U.S. Securities and Exchange Commission's regulatory agenda for the coming year — announced last week — is not excessively long, which means Chairman Jay Clayton takes it seriously and intends to act on it, says Richard Marshall of Katten Muchin Rosenman LLP.

In 2018, the U.S. government strengthened sanctions targeting Iran, Russia and Venezuela, sanctioned an agency of the Chinese government and completed the second largest sanctions-related enforcement action on record. And the evidence suggests 2019 will be equally tumultuous, say attorneys with Ropes & Gray LLP.

In this overview of the latest iteration of Swiss tax reform, Danielle Wenger and Manuel Vogler of Prager Dreifuss AG discuss key measures of the new reform and assess the impact for corporations.