Searching Content indexed under Accounting and Audit by Duane Morris LLP ordered by Published Date Descending.
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Lawyer In Vietnam Dr. Oliver Massmann World Bank/IFC Is Upgrading Vietnam On OECD Investor Protection Rules, Securities Laws And Accounting Standards
The Law on Enterprise in 1999 introduced the first legal framework on corporate governance in Vietnam.
5 Apr 2018
Time To Update Partnership And Operating Agreements Under New Audit Rules
The new partnership audit rules (the "New Rules"), as enacted by the Bipartisan Budget Act of 2015, became effective for most partnerships on January 1, 2018.
United States
24 Jan 2018
95 Million Reasons To Conduct An I-9 Self Audit…Very Carefully
In 2009, the Department of Homeland Security ("DHS") began auditing the I-9 practices of Asplundh Tree Experts Co. Last month, the Company pled guilty in Pennsylvania federal court...
United States
18 Oct 2017
Gift Cards – A Gift to Restaurants?
If you have an unused gift card from your birthday last year, then you're not alone. Consumer Reports surveys have found a quarter of people who receive gift cards don't use them within a ten month period.
United States
14 Aug 2015
Don't Miss The FBAR Filing Deadline
Despite the Department of the Treasury's Financial Crimes Enforcement Network publishing final regulations for reporting bank accounts, securities accounts and other financial accounts located in a foreign country on Form TD 90-22.1, Report of Foreign Bank and Financial Accounts, many taxpayers remain confused regarding the filing requirements, including the fast-approaching and accelerated filing deadline.
United States
13 Jun 2013
Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding
In a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the cases concerning the Patient Protection and Affordable Care Act or Arizona's immigration law, but RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 845 (2011) is arguably one of the more important business bankruptcy cases in over a decade.
United States
28 May 2012
Businesses And Households Employing Independent Contractors: Remain Aware
Using independent contractors can be risky for many businesses and households, and it remains an age-old concern in general.
United States
9 Dec 2011
Harrisburg Filing Tests The Boundaries Of Chapter 9
The insolvency of Pennsylvania's capital city of Harrisburg is unsurprising to anyone watching the disaster slowly unfold over the past several years.
United States
28 Nov 2011
Protecting Personal Information In Borders Bankruptcy Proceeding
Borders has long collected personal information from customers and promised that such information would not be disclosed without consent.
United States
17 Oct 2011
CBP To Eliminate Courtesy Notice Of Liquidation For Certain Entry Filings, Effective September 30, 2011
On August 17, 2011, U.S. Customs and Border Protection (CBP) issued a final rule in the Federal Register, stating that effective September 30, 2011, and to be implemented soon thereafter, CBP will cease the issuance of courtesy notices of liquidation for those importers of record that file their customs entries using the Automated Brokerage Interface (ABI) system.
United States
19 Aug 2011
Court Limits A 'Self-Settling Trust Or Similar Device' To An Express Trust
In "In re Porco Inc.", the Bankruptcy Court for the Southern District of Illinois in a March 30 opinion addressed an issue of apparent first impression: whether a resulting or constructive trust is a "self-settling trust or similar device" subject to the trustee's avoidance power under § 548(e).
United States
24 May 2011
Delaware Chancery, Bankruptcy Courts Offer Guidance On Wealth Of Issues
The Delaware Chancery Court recently issued an important opinion impacting corporate governance and mergers and acquisitions practice, and posted guidelines intended to "remind all counsel" of their duty to preserve electronically stored information.
United States
21 Apr 2011
Last-Minute Filing Tips For A Shifting Tax Landscape
With the tax filing deadline now only days away (April 18 this year due to Emancipation Day in Washington, D.C.), we thought it would be helpful to share a few last-minute tax filing tips, with a bias twist.
United States
18 Apr 2011
Trustee's Fraudulent Transfer Complaint Survives Motion To Dismiss
In its Jan. 11 opinion in In re DBSI Inc., the U.S. Bankruptcy Court for the District of Delaware held that a trustee's complaint seeking to recover actual and constructively fraudulent transfers satisfied the heightened pleading requirements set forth in Rule 9(b) and post-Twombly.
United States
12 Mar 2011
Creditors Entitled to 'Reasonable' Fees Incurred Pursuing Self Interest
On Nov. 18, in In re Adelphia Communications Corp., the U.S. Bankruptcy Court for the Southern District of New York addressed the question of whether ad hoc committees and individual creditors of a debtor are entitled to reimbursement of their legal fees and other professional expenses where the debtor's confirmed and effective Chapter 11 plan of reorganization authorized payment of creditors' "reasonable" fees and expenses.
United States
3 Feb 2011
Bankruptcy Court Reinforces New Value Defense to Preference Claims
In Bogdanov v. Avnet Inc. ("In re Amherst Techs. LLC" ), the U.S. Bankruptcy Court for the District of New Hampshire followed the majority of circuits in holding, in connection with the defense of a § 547 preference action: (1) that "new value" is given when a creditor provides some actual value to the estate; (2) that new value need not remain unpaid in order to allow the preference defendant to offset the new value against previous payments; and (3) that an otherwise preferential payment used
United States
29 Dec 2010
Small Business Jobs Act Contains Breaks for Businesses and Individuals
On September 27, 2010, President Obama signed into law the Small Business Jobs Act of 2010 (the "Act"), aimed at helping small businesses to access credit and capital and create jobs.
United States
15 Nov 2010
IRS Offers One-Time Special Relief Filing Program: Last Chance for Small Tax-Exempt Organizations to Preserve Their Exempt Status
Individuals serving on nonprofit boards or otherwise involved with a nonprofit organization should be aware that hundreds of thousands of small nonprofit organizations are at risk of losing their federal tax-exempt status for failing to file 2007, 2008 and 2009 federal tax returns.
United States
5 Oct 2010
To Convert or Not To Convert: Advantages and Pitfalls of Roth IRA Conversions
Annually since 1998, many taxpayers evaluate the tax and non-tax benefits of contributing to a traditional IRA and a Roth IRA. Starting this year, a new evaluation is being considered by even more.
United States
30 Jun 2010
'Double Dipping' New Value Defense and Administrative Expense Claims
In "Commissary Operations Inc. v. Dot Foods Inc.", the U.S. Bankruptcy Court for the Middle District of Tennessee held that the value of goods delivered pre-petition to a debtor for which a creditor receives an administrative expense claim may also be applied in calculating credits under the "new value" defense to a preference action.
United States
26 May 2010
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