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The NLRB in the Obama Administration: The Pendulum Swings Dramatically (22 pp) (relevancy score: 100%)

by Harold P. Coxson, Jr.
from Employment Law Update: Fall 2010 (September 21, 2010)

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 Document Outline The NLRB in the Obama Administration: The Pendulum Swings Dramatically 1. The NLRB in the Obama Administration: The Pendulum Swings Dramatically

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Developments in Employment Discrimination Law (122 pp) (relevancy score: 100%)

by Barbara Berish Brown, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

82 -iv- 28 DEVELOPMENTS IN EMPLOYMENT DISCRIMINATION LAW TABLE OF AUTHORITIES (continued) Page(s) Alvarado v. Cajun Operating Co., 588 F.3d 1261, 22 A.D. Cas. 1172 (9th Cir. 49 -viii- 32 DEVELOPMENTS IN EMPLOYMENT DISCRIMINATION LAW TABLE OF AUTHORITIES (continued) Page(s) Corbitt v. Home Depot U.S.A., Inc., 589 F.3d 1136 (11th Cir. 52 Czekalski v. LaHood, 589 F.3d 449 (D.C. Cir. 2009) .................................................................................................50 Davis ...

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Developments in Employment Law (142 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Fall 2010 (September 21, 2010)

, 2010 U.S. Dist. LEXIS 19876 (M.D. Ala. 2010).............. 31 Bell v. Raytheon Co., 2009 U.S. Dist. LEXIS 67016 (N.D. Tex. July 31, 2009) ........................... 2d 884 (E.D. Tex. 1998) ................................................... 79 Cash v. Conn Appliances, Inc., 2 F. Supp 2d 884 (E.D. Tex. 1997) ............................................ 82 Cash v. Conn Appliances, Inc., 2 F. Supp 2d 884, 906 (E.D. Tx. 1997) ...................................... 75 Caudle v. Towers, Perrin,...

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New Developments Supplement (14 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Fall 2010 (September 21, 2010)

289 Employment Law Update: Supplement by Robert B. Fitzpatrick* Robert B. Fitzpatrick, PLLC Attorneys Fees Singer Management Consultants, Inc. v. Milgram, 2010 U.S. App. LEXIS 18254 (3d Cir. Hostile Work Environment Watson v. CEVA Logistics U.S., Inc., 2010 U.S. App. LEXIS 18103 (8th Cir. Mattel, Inc. v. MGA Entertainment, Inc., 2009 U.S. App. LEXIS 29187 (9th Cir.

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Slides: Whistleblower Provisions of Dodd-Frank (16 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

302 9/13/2010 Whistleblower Provisions of the Dodd-Frank Act Jason M. Zuckerman The Employment Law Group® Law Firm Tel: 202.261.2810 Fax: 202.261.2835 jzuckerman@employmentlawgroup.com www.employmentlawgroup.com Agenda · New SEC whistleblower reward and protection· New CFTC whistleblower reward and protection · New protection for financial services employees · Amendments to Sarbanes-Oxley Act (SOX)· Amendments to False Claims Act (FCA) Dodd-Frank Act · Dodd-Frank Wall Street Reform and ...

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Whistleblower Provisions of the Dodd-Frank Act (8 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

These provisions create monetary awards for whistleblowers who provide original information to the U.S. Securities and Exchange Commission or Commodity Futures Trading Commission, strengthen the whistleblower protection provisions of the Sarbanes-Oxley Act and the False Claims Act, and create additional whistleblower retaliation causes of action. Reward for Whistleblowing to the Commodity Futures Trading Commission and Protection Against Retaliation (Section 748) Section 748 amends the ...

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Dodd-Frank Amendments to Section 806 of the Sarbanes-Oxley Act (4 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

326 DODD-FRANK AMENDMENTS TO SECTION 806 OF THE SARBANES-OXLEY ACT 18 U.S.C. § 1514A. Civil action to protect against retaliation in fraud cases (a) Whistleblower Protection for Employees of Publicly Traded Companies. --No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)), including any subsidiary or affiliate ...

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Dodd-Frank Amendments to the Retaliation Provision of the False Claims Act (2 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

330 DODD-FRANK AMENDMENTS TO THE RETALIATION PROVISION OF THE FALSE CLAIMS ACT 31 U.S.C. § 3730(h). --Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the ...

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Excerpts: Whistleblower Provisions of Dodd-Frank (72 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

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The Labor and Employment Law Implications of the Four 2009-2010 Supreme Court Arbitration Decisions: Revolution, Evolution or Much Ado About Nothing?-Additional Materials (14 pp) (relevancy score: 100%)

by Marley Weiss
from Employment Law Update: Fall 2010 (September 21, 2010)

402 The Labor and Employment Law Implications of the Four 2009-2010 Supreme Court Arbitration Decisions: Revolution, Evolution or Much Ado About Nothing Marley S. Weiss Professor of Law University of Maryland School of Law The recent Supreme Court term produced four decisions regarding arbitration, three of which arose out of labor and employment law matters. at *20-21. Absent "clear and unmistakeable evidence" of an agreement to arbitrate arbitrability, the court should decide whether a ...

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Administrative Audits: Audit Techniques and Procedures (handout) (70 pp) (relevancy score: 100%)

by J. Bradford Anwyll, Esquire
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

A. Audit coverage.2 For the fiscal year ended October 31, 2009, the IRS reports that 0.9 percent of all tax returns filed were audited. Only 1.3 percent of corporate returns were audited in 2008, but almost 100 percent of large corporate returns with over $20 million of assets were audited. The new process draws on some aspects of the LMSB audit process, most notably the audit plan and pre-audit consultation processes.

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Administrative Audits: IRS Initiatives (handout) (18 pp) (relevancy score: 100%)

by J. Bradford Anwyll, Esquire
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

"IRS Commissioner Shulman Statement on IRS Offshore Income Reporting Initiative," Daily Tax Report (BNA) (March 27, 2009). Uncertain Tax Positions A. Overview 1. On January 26, 2010, the IRS announced that it would begin requiring certain taxpayers to report uncertain tax positions ("UTP") on their tax returns. Instead, the MTA reporting requirement is satisfied by indicating whether the tax position is a valuation or a transfer pricing tax position and by providing a ranking of these tax ...

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Administrative Audits: Audit Techniques and Procedures (70 pp) (relevancy score: 100%)

by J. Bradford Anwyll, Esquire
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

A. Audit coverage.2 For the fiscal year ended October 31, 2009, the IRS reports that 0.9 percent of all tax returns filed were audited. The new process draws on some aspects of the LMSB audit process, most notably the audit plan and pre-audit consultation processes. Two Tax Exempt/Government Entity Division field locations screen exempt organization and employee benefit plan returns for audit selection.

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Administrative Audits: IRS Initiatives (16 pp) (relevancy score: 100%)

by J. Bradford Anwyll, Esquire
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

"IRS Commissioner Shulman Statement on IRS Offshore Income Reporting Initiative," Daily Tax Report (BNA) (March 27, 2009). Uncertain Tax Positions A. Overview 1. On January 26, 2010, the IRS announced that it would begin requiring certain taxpayers to report uncertain tax positions ("UTP") on their tax returns. Instead, the MTA reporting requirement is satisfied by indicating whether the tax position is a valuation or a transfer pricing tax position and by providing a ranking of these tax ...

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Appeals: Administrative Dispute Resolution by IRS Appeals Office (22 pp) (relevancy score: 100%)

by
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

88 2 89 Appeals Administrative Dispute Resolution by IRS Appeals Office 1 Panel Members J. Bradford Anwyll ­ Moderator PricewaterhouseCoopers LLP brad.anwyll@us.pwc.com W. Kurt Meier Senior Advisor, IRS Appeals Office kurt.meier@irs.gov William E. Taggart, Jr. Taggart & Harkins, PC wetaggart@tagghawk.com 2 90 Appeals Update I. Overview II. ISSUE COORDINATION & SPECIALISTS 31 Appeals Technical Services · Appeals coordinates issues of national significance (TG & INTL) · ...

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Appeals: Alternate Dispute Resolution Programs (6 pp) (relevancy score: 100%)

by
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

110 2 111 Appeals ALI-ABA TAX CONTROVERSY Alternative Dispute Resolution June 24, 2010 Panel Members Mary A. McNulty - Moderator Thompson & Knight (mary.mcnulty@tklaw.com) W. Kurt Meier Senior Advisor, IRS Appeals Office J. Bradford Anwyll PricewaterhouseCoopers LLP (brad.anwyll@us.pwc.com) Gerald A. Kafka Latham & Watkins LLP (jerry.kafka@lw.com) 1 112 ADR Programs Prefiling· LMSB Compliance Assurance Process (CAP) ­ Ann. 2008-105 · Delegation Order 4-25 ­ Part I (AP review & ...

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IRS Issue Resolution Tools (20 pp) (relevancy score: 100%)

by
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

g e -1 P to 9 e o re itin r ta o e $ le s f th y ra 0 a s r a tra d d e to d rs k tu e f th e p g irs 0 o o d o r c u th d ile e a is o og o ro re in p y s o @ 2 th o a l re d c te ro ts a a te c te e n ; o itte n n s r P fo g re a le e m p ill m tia a e ith u p p tio rs m e x n ip e tio rd filin io . A q tio P .5 u re tio & 6 d ia e rly a , re y fo . 2 p tin A o re e th c e S t p e p s ta c 8 . o a e s , n te t a d s th ip n u a o ­ ro M n re ill n n th re o in n P e tio n rtic te n a L...

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Relief From Joint and Several Liability (22 pp) (relevancy score: 100%)

by William E. Taggart, Jr.
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

A. The three formulas are described in three different subsections of Internal Revenue Code ("IRC") §6015, and are generally referred to by subsection as follows: IRC §6015(b) ("(b)relief"); IRC §6015(c)("(c) relief"); and IRC §6015(f)("(f) relief"). A non-requesting spouse has the right tointervene only if the requesting spouse petitions the Tax Court. 2005) - Where the -14- © William E. Taggart, Jr. 2010 151 Tax Court determined the wife was entitled to relief under IRC §6015(c),the ...

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The Collection Process (34 pp) (relevancy score: 100%)

by William E. Taggart, Jr.
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

-2- © William E. Taggart, Jr. 2010 161 3. The federal tax lien attaches to all property and rights to property, real orpersonal, belonging to the taxpayer. No levy may be made on any item property if the IRS determines,at the time of the levy, that the estimated expenses of levy and saleof such property incurred by the IRS exceed the fair market valueof such property. 4. Property subject to levy includes all property or rights to property whetherreal or personal, tangible or intangible.

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Collection Due Process Hearings (26 pp) (relevancy score: 100%)

by William E. Taggart, Jr.
from How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation (June 24, 2010)

IRC §6320(b)(3). 7. A taxpayer is entitled to only one CDP hearing for lien notices issued withrespect to the unpaid tax for a specific tax period. Another CDP hearing for the same tax period under IRC §6320may occur if a different type of tax is involved, or if the same typeof tax is involved but the amount of unpaid tax has changed as aresult of an additional assessment of tax. V. When a CDP hearing is not timely requested under IRC §6320 or IRC §6330, thetaxpayer may be granted an "...

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