The IRS Has Kicked Another Hornet's Nest

Before December 30, 2013, a real estate developer rehabilitating a historic building in Virginia could have raised about 40% of his rehabilitation costs from outside parties. He accomplished this feat using a carefully structured limited liability company. Unfortunately, the Fourth Circuit Court of Appeals did not condone such a business structure in a case decided in early 2011.

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Criminal Background Checks: What Employers Need to Know

Do you conduct background checks on job applicants or your employees? Take note! In a new joint publication, "Background Checks: What Employers Need to Know," the Equal Employment Opportunity Commission and the Federal Trade Commission provide useful tips on complying with federal discrimination laws and the Fair Credit Reporting Act. The publication reminds employers of the "do's and don't's" to comply with the FCRA procedures when running a background check.

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Electronic Discovery Disputes and the Case for eDiscovery Special Masters

To many litigators, federal court eDiscovery compliance can be like navigating a minefield, filled with the proverbial "traps for the unwary." Even those who follow the best practices can sometimes find themselves in discovery disputes concerning the preservation and production of electronically stored information. Indeed, a fair amount of eDiscovery disputes arises out of the client's failure to preserve evidence long before ever stepping foot in the lawyer's office.

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Government (EEOC) Must Pay Company's Attorneys' Fees After Delay, Unreasonable Lawsuit

At times, corporate targets of government investigations become frustrated by the apparent lack of responsiveness by the investigating agencies. Some members of the judiciary evidently share that frustration and last week took a federal agency to task for suing a business after years of feet dragging during its administrative investigation. In EEOC v. Propak Logistics, Inc., the Fourth Circuit affirmed an order requiring the EEOC to pay the defendant's attorneys' fees to the tune of nearly $200,000. According to the Court, "the EEOC unreasonably initiated the lawsuit" after years of delay.

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