Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.
In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.
The Foreign Account Tax Compliance Act (FATCA) landscape has been evolving in recent years. With the Internal Revenue Service’s (IRS’) and the U.S. Treasury Department’s continuous efforts to clamp down tax evasion and other criminal activities, complex reporting requirements have been instituted and several FATCA guidance have been released. Thus, significantly shaping this area of law.
Lost profits are one of the most important factors of a plaintiff's claim. It is also among the most challenging types of damages to prove and is often vulnerable to attacks. As complex changes on the regulatory landscape occur, calculating and proving lost profits have become necessities that business owners must understand.
The shifting regulatory paradigm and emerging developments in federal tax laws confront companies with increased scrutiny on their tax planning practices. As the U.S. International Revenue Service (IRS) intensifies its enforcement initiatives, compliance has become more challenging and complex than ever. Thus, making companies more vulnerable to tax controversies. Failure to address and mitigate potential tax issues could mean hefty penalties.
Transfer pricing presents notable challenges and opportunities for multinational entities. Significantly, the rising disputes and sweeping impact of recent tax reforms have continuously reshaped its regulatory landscape and resulted in an intensified scrutiny. However, with a keen understanding of and proper compliance with the rules, transfer pricing can be substantial in positioning a business both locally and globally.
In August 2019, the American Institute of CPAs (AICPA) issued an Accounting and Valuation Guide for investment companies entitled, "Valuation of Portfolio Company Investments of Venture Capital and Private Equity Funds and Other Investment Companies". The guide provided non-authoritative recommendations and considerations when preparing and auditing financial statements. It also sought to explain fair value measurement in accordance with Accounting Standards Codification (ASC) 820 and 946.
The introduction of the Foreign Account Tax Compliance Act (FATCA) by the U.S. and Common Reporting Standard (CRS) by the Organisation for Economic Co-operation and Development (OECD) had significantly affected the compliance process of financial institutions around the globe. With the various FATCA/CRS reporting challenges that continue to hound these organizations, coupled with the COVID-19 disruption, it has been a struggle to remain compliant.
Despite deadline extensions and a challenging environment caused by the COVID-19 outbreak, the Internal Revenue Service (IRS) continues its strict tax enforcement. Audit activity is expected to be more aggressive as governments grapple to cover the current budget deficit and falling revenues. However, businesses facing assessments or controversies may be able to settle cases more favorably under the present financial crisis.
Today's legal landscape presents a higher degree of challenge for businesses when it comes to lost profits damages calculation. The changing regulations and notable court cases constantly shape the process making it more complex as the years pass. Thus, it is also becoming more imperative for companies and their counsel to be acquainted with the legal updates and governing principles in this area of law. Adherence to the appropriate legal principles, proper defense strategy planning, and effective methodologies must be carefully considered to increase the accuracy of lost profits damages calculation.
With the ongoing economic turmoil and financial strain brought by the COVID-19 outbreak, valuation issues in Chapter 11 bankruptcy cases are expected to become more complex and challenging for companies. Because valuation plays an integral aspect in determining a Chapter 11 bankruptcy case, companies seeking reorganization during these economically challenging times must be aware of the potential issues that may arise before or during the process. Additionally, they must be in the know of the ever-changing legal revamps of a Chapter 11 bankruptcy valuation process to successfully address any potential or ongoing petition.
The Research and Development (R&D) Tax Credit program remains to be an enticing opportunity for businesses – small and large – to boost their assets. Fortunately, significant reforms have been made over the years and millions of businesses from different industries can now take advantage of its benefits.
Litigation funding has become a rapidly expanding corporate finance tool in the U.S. for companies and law firms of all sizes. Although relatively new, litigation funding is growing in use and prevalence, as it offers several significant benefits to commercial litigants and their lawyers. It can provide clients the capital they need to pursue cases while also managing cash flow and it allows law firms to share measured risk with their clients and take on more cases. With the changing legal landscape, however, funding remains often misunderstood. It’s important for litigants and lawyers to understand the ethics rules and guidelines that can impact funding and the best practices for selecting and working with funders.
In its continued effort to deter anticompetitive conduct and other violations affecting government procurement, the U.S. Department of Justice (DOJ) created the Procurement Collusion Strike Force in 2019. It is comprised of state and federal investigators and prosecutors mandated to investigate and prosecute all types of procurement collusions and other similar misconduct in government purchasing and programs.
In December 2019, the Final Regulations for Qualified Opportunity Zone Program were issued by Treasury and the Internal Revenue Service (IRS). The Final Regulations were reported in the Federal Register in January 2020 and will become final in mid-March.
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