Analysis of Recent Major Business Decisions Impacting Financial Institutions

Meir Feder, Jay Tambe, Brian J. Murray
Decisions Impacting Financial Institutions: An Analysis of Recent Major Business Decisions From The U.S. Supreme Court, the New York Court of Appeals, and the Second Circuit
Oct 19 2011
70 mins
Analysis of Recent Major Business Decisions Impacting Financial Institutions
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  • With scrutiny on lenders’ risk management policies intensifying, more and more community banks are writing their first policies or updating old ones. The OCC just raised the bar for the banks it regulates with the August release of expanded guidelines for environmental risk management that bring their policy requirements in line with those of the FDIC. What are the critical components that should be in every policy? What elements are common to most institution’s policies? How does your institution measure up to industry best practices? How is policy administered across organizations?

    Join us for this webinar as seasoned insiders selected from the ranks of a mid-sized bank and small community lender share their experiences in writing and updating environmental policies. Learn what these experts are doing to protect their institutions from environmental risk exposure, and the dangers that lenders face by not having adequate policies in place to protect them from financial and legal liability.
  • Do you have more questions than answers about the industry’s transition over to a new ASTM Phase I ESA protocol? You’re not alone.

    On August 15, 2013, the U.S. Environmental Protection Agency published a Direct Final Rule which proposes to reference the E 1527-13 standard as compliant with the agency’s All Appropriate Inquiries rule (40 CFR Part 312). The agency’s 30-day public comment period just closed and the ASTM standard moves one step closer to publication.

    Right now the #1 question in the industry is: When will ASTM E 1527-13 take effect?

    At this webinar, two of the experts closest to the ASTM process will share the latest status of the AAI rule amendment and publication of the new Phase I ESA standard.

    There are a number of moving pieces in play right now. Tune into this event to learn the latest on the ASTM front, the hot-button issues raised during the public comment period, what happens to E 1527-05 and more. It is an important time for the industry as it prepares to put a new standard into effect and this event will help keep environmental professionals abreast of the process as it unfolds.

    Speakers:

    Julie Kilgore, President, Wasatch Environmental, Inc., Chair of ASTM E50 Committee on Environmental Assessment, Risk Management and Corrective Action and Chair of the E1527 Task Group

    William Weissman, attorney, member of ASTM E50 Executive Subcommittee, retired partner of Venable LLP, Washington, DC
  • Change is in the air on the vapor intrusion front. Literally and figuratively. On April 16, the U.S. Environmental Protection Agency released a draft document, the OSWER Final Guidance For Assessing And Mitigating The Vapor Intrusion Pathway From Subsurface Sources To Indoor Air — External Review Draft for public comment. The release of EPA’s guidance comes just months before ASTM is poised to release a revised version of E 1527 that adds definitions of migrate/migration to address the vapor pathway as a potential conduit for contamination.

    As attention being placed on vapor risk increases, environmental professionals need to stay abreast of the changes and their implications. With the long-awaited federal guidance now out for public comment, environmental due diligence professionals, lenders, as well as prospective purchasers of properties like drycleaners, gas stations, and other types of properties impacted by petroleum or solvents have a valuable resource for understanding VI risk, assessing it and ultimately, managing it as appropriate for their own risk tolerance. Join us at this webinar to hear the perspectives of three experts on:

    • The implications of the federal vapor guidance and an insiders’ unique take on hot button issues;
    • How one environmental professional talks to his clients about vapor risk and protects their liability exposure; and
    • How vapor risk is being mitigated and managed in today’s deals.
  • For lenders operating in the shadow of the Dodd-Frank Act, CFPB and other regulatory enforcement agencies are focusing their efforts on consumer protection, disclosure and transparency and deem these critical to all areas of an institution’s compliance and operation. A dizzying array of new rules and regulations, often disruptive to existing operations, are raining down upon the mortgage lending industry. Now, however, it’s not enough to simply be aware of emerging rules and regulations. Little known requirements and regulations which have been on the books for years without being enforced are now getting renewed attention from those agencies, likely opening up an entirely new front in the uphill battle to stay compliant. One of the greatest potential risks to lenders arises from requirements for residential property appraisals and evaluations. It is likely we will see stricter environmental underwriting and more regulatory scrutiny on lenders’ risk management policies. Discover now where lenders are most at risk, and learn about cost-effective measures that can be taken to stay out of the regulatory crosshairs.

    The presenters will:

    • Identify existing rules and regulations, little-known and long unenforced, that are likely to be revitalized by regulatory enforcers;
    • Spell out the specific risks that residential property contamination, including vapor mitigation, will pose to a mortgage lender;
    • Explain how the gamut of new and existing requirements will impact traditional due diligence requirements; and
    • Predict the possible financial impact upon lenders, as well as offering potential solutions for risk mitigation.
  • For the first time since 2005, the ASTM E1527 standard has been revised. ASTM submitted the final version to the U.S. Environmental Protection Agency for formal approval of the revised ASTM E 1527 standard as “AAI-compliant.” According to industry insiders, this approval could come as early as this summer. Once the approval process is successfully completed, the E 1527-13 standard would be published by ASTM and take effect immediately upon publication. With the summer only a few months away, now is the time to start thinking about what you can be doing to prepare.

    At this complimentary webinar you will learn about:

    -Revised REC and HREC definitions, plus introduction of a new term—the CREC
    -Clarification on vapor migration and ASTM E2600-10
    -Changes to regulatory file reviews
    -Clarifications in the language regarding User Responsibilities
    -And much more!

    The EDR team has been tracking the revision process closely since it began in 2010. Over the past fall/winter season, we educated over 1,000 environmental professionals at our Due Diligence at Dawn (DDD) seminars around the country.

    Join EDR and Anthony J. Buonicore, former E1527 Task Group leader, for this webinar and learn what you need to know to comply with the upcoming revisions.
  • Remember when the U.S. Environmental Protection Agency’s All Appropriate Inquiries rule was promulgated in 2005? For the first time since then, there will soon be a new revision to the ASTM E 1527 Standard and the time to begin preparing your staff and educating your clients is now.

    The E 1527-13 revision is the result of three years of discussion and debate among many dedicated stakeholders who spent countless hours at ASTM Phase I ESA Task Group meetings and on conference calls examining all parts of the standard and hammering out every word of the revision. The most significant revisions are in the areas of: REC definitions, agency file review, vapor migration/intrusion, user responsibilities and more.

    For this event, EDR Insight is fortunate to have the input of three professionals—an environmental professional, a commercial real estate lender and an attorney—who were active with the revision process and who each devoted significant time and expertise to shaping the new revisions.

    Join us for this important and timely event as the commercial lending and property risk management industry prepares to transition away from the -05 standard to E 1527-13.

    Target Audience:
    • Environmental due diligence professionals
    • Environmental risk managers at financial institutions

    Benefits to attendees:
    • Insights into specific areas of revision and a deeper understanding of what drove the changes
    • More clarity on REC-HREC-CREC definitions
    • More clarity on agency file review
    • An end user perspective from the lending sector
    • An attorney’s take on what the changes mean in the construct of CERCLA liability and commercial property transactions
    • Advice on how EPs and lenders should be preparing for E 1527-13
    • Potential changes that end users may see in their Phase I ESA reports when E 1527-13 takes effect
  • A number of recent developments, including 2013’s revisions to ASTM E 1527 Phase I environmental site assessment standard, make it more difficult—and risky—to ignore vapor migration during environmental due diligence. EDR Insight has assembled a panel of the most knowledgeable attorneys in the field to help environmental professionals and risk managers at financial institutions answer a common question:
    What can happen if vapor-related issues are missed?

    This team of experts, with decades of experience advising commercial real estate deals, will share real-world cases of “due diligence gone wrong” from vapor migration-related lawsuits filed as a result of inadequate property investigations and poor lender oversight. This one-time event is an important learning opportunity for any environmental professional who participates in environmental investigations, as well as commercial real estate lenders who extend credit on properties that may be impacted by vapor migration.

    Attendees of this webinar will learn:
    • Recent developments that have brought vapor migration front and center.
    • Why environmental due diligence policies should expressly address vapor migration.
    • How federal and state authorities are responding to vapor intrusion concerns—and the implications for buyers, lenders and sellers.
    • Steps that environmental professionals and commercial real estate lenders can take to avoid liability related to vapor migration.
    • Real-world examples of what can happen if vapor issues are ignored during environmental due diligence.
  • For the first time since 2005, the ASTM E1527 standard is going through a significant revision. Now is the time to start preparing your staff and your clients! The changes to the standard will go into effect immediately once the new version is published in 2013. At this complimentary webinar you will learn about:
    -Revised REC and HREC definitions, plus a new term
    -Clarification on vapor migration and ASTM E2600-10
    -Changes to User Responsibilities and important news about environmental liens
    -Much more!


    The EDR team has been tracking the revision process closely since it began in 2010. This fall, we have educated over 1,000 environmental professionals at our Due Diligence at Dawn (DDD) seminars around the country.

    Join EDR and Anthony J. Buonicore, former E1527 Task Group leader, for this webinar and learn all you need to know to comply with the forthcoming edition of the ASTM E1527 Standard.
  • Vapor intrusion, the migration of volatile chemicals from the subsurface into overlying buildings, presents potential health risks and environmental liability at properties with current or past contamination. The U.S. EPA is preparing its final Vapor Intrusion Guidance for evaluating and assessing risk from VI. The release of EPA’s guidance is scheduled for release a few months before ASTM is expected to publish a revised Phase I environmental site assessment protocol (ASTM E 1527). Among the changes to ASTM E 1527-05 is the addition of new language throughout the standard to include the assessment of vapor migration risk.

    EDR is extremely fortunate to offer you a webinar with three speakers who have been performing successful VI investigations for many years, and have been working with ASTM and the U.S. EPA to provide comments on draft documents. With the scheduled release of EPA’s final VI guidance—followed by a revised ASTM E 1527 standard to include vapor intrusion—now is the time to prepare and ensure that due diligence policies include VI and that appropriate science is used to minimize the impact of VI on property deals, including brownfield redevelopment.

    It is critical that risk managers understand what these two documents mean in terms of the standard of care and how it might affect their own liability—or that of their borrowers.

    Benefits to Lenders:
    •Recent regulatory history surrounding vapor intrusion
    •Myths about vapor intrusion and mitigation alternatives
    •Available data that can be used to evaluate VI risk
    •Implications of the new federal guidance document
    •What the vapor-related revisions to ASTM E 1527 mean in terms of lenders’ environmental due diligence policies

    Benefits to EPs:
    •A better understanding of why vapor migration presents a risk to your clients
    •A way to begin thinking about how the new guidance and revised ASTM E 1527 standard may necessitate changes to your Phase I ESA process
  • To help you meet the challenge of staying up to speed on the forces driving demand for property assessments, EDR Insight invites you to a complimentary web event on the state of the market in the third quarter of 2012—and a look to 2013. Attendees of this 60-minute webinar will learn:

    • The status of commercial property transactions and the asset classes attracting the most attention
    • Commercial real estate lending volume
    • Key players in the deal-making and lending worlds
    • Where to focus business development efforts for 2013 and beyond
    • EDR Insight’s near-term forecast for Phase I ESA volume and major market risks

    Join us for a look at the forces driving demand for your services so that you can position your firm for growth.
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  • CFPB Update: An Agency Begins to Find Its Regulatory Voice Recorded: Jun 11 2013 62 mins
    Have you viewed the Consumer Financial Protection Bureau’s new YouTube Channel? The CFPB is both speaking and reaching out more aggressively than “traditional” regulatory agencies. This makes it vital to hear what the Bureau is saying, and that makes it vital to know where and how the Bureau is speaking. Our panelists will address the growth and approach of the CFPB, and its work with other regulators, during this webcast.


    Panelists for this event include Chip MacDonald & Albert Rota, in Jones Day’s Financial Institutions Litigation & Regulation Practice and Jeremy Cole in the Firm’s Business and Tort Litigation Practice. Greg Hanthorn, also in the Business and Tort Litigation Practice, will serve as moderator.

    This discussion picks up where our February 2013 discussion left off. The panel will examine the continuing development of the regulatory environment for banks and non-banks, including servicing agents, non-bank lenders, and consumers, particularly in light of the Consumer Financial Protection Bureau’s activities over the past quarter. These include the CFPB’s first criminal complaint, apparent responses to pushback from industry groups, the regulators’ attitude regarding incentive compensation, regulators’ recent payday lending and deposit advance product guidance, and other recent developments.


    Our panelists bring to the table a wealth of practical experience and will address current best practices and potential areas of concern.
  • CFPB Update: Enforcement Priorities and Best Practices Before an Evolving Bureau Recorded: Feb 12 2013 69 mins
    The panelists for this event will include Chip MacDonald and Albert Rota, in Jones Day’s Financial Institutions Litigation & Regulation Practice, and Jeremy Cole, in the Firm’s Business and Tort Litigation (USA) Practice. Greg Hanthorn, also a member of the BATL Practice, will serve as moderator.

    The panel will examine the regulatory environment for banks and nonbanks, including servicing agents, nonbank lenders, and consumers, and will address recent developments from the Consumer Financial Protection Bureau. Our panelists bring to the table a wealth of practical experience and will address current best practices and potential areas of concern.
  • Challenges For Global Corporations - Data Privacy & Disclosure Laws Recorded: Aug 23 2012 58 mins
    Jones Day attorneys and Dan Regard, Managing Director of Intelligent Discovery Solutions, will discuss:

    -International privacy laws (Europe, Asia, and Latin America)
    -International blocking statutes (prohibiting disclosure of documents
    in US litigation)
    -Cross-border data production protocol
    -Methods and best practices for discovery, conducting global internal investigations, and responding to U.S. government requests
  • Jones Day State & Local Tax Georgia Tax Tribunal Recorded: May 24 2012 70 mins
    Georgia just enacted major tax reform legislation, including creating an Independent Tax Tribunal. Our panel members each played a central role in that process. On Thursday, May 24, 2012, the Jones Day State and Local Tax Practice and very special guest speaker Warren Calvert, Georgia Sr. Assistant Attorney General, will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax issues in this area. After completing this course you will be able to:

    •Explain how tax cases will be handled in the newly created Georgia Tax Tribunal
    •Describe the impact on e-commerce of recently enacted legislation
    •Identify the types of taxes and issues that can be addressed by the Georgia Tax Tribunal
    •List the new exemptions created by Georgia’s recent efforts at tax reform

    There will be an opportunity to submit questions during the live webcast. There are no prerequisites nor advanced preparation required to attend, but a background in state tax would be useful. This group internet-based webinar will be presented at an Intermediate Level. For additional information, or to address any concerns, please contact Shari Hughes by telephone at (214) 969-5187 or by email at shughes@jonesday.com.

    There is no cost to attend this program and no penalty for cancellations. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in California, Illinois, New York and Texas. Assistance with individual applications in other jurisdictions available upon request. Jones Day is an approved NASBA sponsor for up to 1 hour of CPE credit for this event.
  • Jones Day State & Local Tax Limiting & Challenging Nexus With Texas Recorded: Apr 19 2012 62 mins
    Texas is one of the most aggressive nexus jurisdictions in the United States. Jones Day has helped many out-of-state companies successfully avoid having nexus with Texas and challenge nexus assertions by the Texas Comptroller. On Thursday, April 19, 2012, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant issues in this area. After completing this course you will be able to:

    • List the main ways in which the Comptroller targets companies for nexus
    • Apply audit strategies to defend nexus inquiries
    • Explain the somewhat unique Texas law on what constitutes nexus
    • Apply steps to improve the likelihood of winning nexus controversies with Texas

    There will be an opportunity to submit questions during the live webcast. There are no prerequisites nor advanced preparation required to attend, but a background in state tax would be useful. This group internet-based webinar will be presented at an Intermediate Level. For additional information, or to address any concerns, please contact Dorinda Graves by telephone at (214) 969-3762 or by email at dkgraves@jonesday.com.

    There is no cost to attend this program and no penalty for cancellations. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in California, Illinois, New York and Texas. Assistance with individual applications in other jurisdictions available upon request. Jones Day is an approved NASBA sponsor for up to 1 hour of CPE credit for this event.
  • Jones Day State & Local Tax: Maximizing State Tax Credits Recorded: Mar 29 2012 64 mins
    State tax credits can have huge implications on the amount of tax ultimately payable. Transferable state tax credits in particular raise a number of tax planning implications. On Thursday, March 29, 2012, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax issues in this area. After completing this course you will be able to:

    - Identify the types of state tax credits that are transferable

    - Apply the mechanics of transferring tax credits to your operations

    - List limitations on transferability of credits and traps for the unwary

    - Explain the basic elements of tax credit purchase and sale agreements

    There will be an opportunity to submit questions during the live webcast. There are no prerequisites nor advanced preparation required to attend, but a background in state tax would be useful. This group internet-based webinar will be presented at an Intermediate Level. For additional information, or to address any concerns, please contact Dorinda Graves by telephone at (214) 969-3762 or by email at dkgraves@jonesday.com.

    There is no cost to attend this program and no penalty for cancellations. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in California, Illinois, New York and Texas. Assistance with individual applications in other jurisdictions available upon request. Jones Day is an approved NASBA sponsor for up to 1 hour of CPE credit for this event.
  • Jones Day State & Local Tax Business & Non-Business Income State Tax Update Recorded: Feb 23 2012 68 mins
    Whether a given item of income is apportionable business income or allocable nonbusiness income is one of the more complex, and important, issues in state taxation. On Thursday, February 23rd, 2012, the Jones Day State & Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax issues in this area. After completing this course you will be able to:

    - Identify which states incorporate the UDITPA definitions of business and nonbusiness income

    - Explain the connection between the unitary business theory and business income

    - Apply case law defining the parameters of the transactional and functional test for business income

    - Identify which states may still recognize the extraordinary transaction exception to the functional test for business income

    - Identify which states allocate or otherwise exclude certain items of income, such as foreign source income and royalty income

    There will be an opportunity to submit questions during the live webcast. This webinar will be presented at an Intermediate Level. For additional information, please contact Dorinda Graves at (214) 969-3762 or dkgraves@jonesday.com.

    There is no cost to attend this program. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in CA, IL, NY and TX. Assistance with individual applications in other jurisdictions is available upon request. Jones Day is an approved NASBA sponsor for up to 1 hour of CPE credit for this event.

    Jones Day is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
  • Jones Day State & Local Tax Unclaimed Property Update Recorded: Feb 9 2012 68 mins
    Jones Day represents companies in complex, multistate, unclaimed property audits and internal reviews. Charolette Noel is widely recognized as a leading national expert in this area. On Thursday, February 9, 2012, the Jones Day State & Local Tax Practice will present a live, 60-minute webcast, at 1:00 p.m. EST, that will review the significant state tax issues in this area. After completing this course you will be able to:

    - Identify the five key elements that define unclaimed property
    - Recognize five frequently under-reported types of unclaimed property
    - Determine the controlling state law jurisdiction and priority of competing state law claims
    - Apply the general rules of dormancy, tolling, diligence, indemnity, and burden of proof on audit to your operations
    - Apply techniques to limit the scope of unclaimed property audits and mitigate estimated or proposed assessments

    There will be an opportunity to submit questions during the live webcast. This group internet-based webinar will be presented at an Intermediate Level. For additional information, please contact Dorinda Graves at (214) 969-3762 or dkgraves@jonesday.com.

    There is no cost to attend this program. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in CA, IL, NY and TX. Assistance with individual applications in other jurisdictions is available upon request. Jones Day is an approved NASBA sponsor for up to 1 hour of CPE credit for this event.

    Jones Day is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
  • Jones Day State & Local Tax Texas Tax Update Recorded: Jan 18 2012 64 mins
    Significant developments continue to occur for the Texas margin tax, sales tax, and property tax. On Wednesday, January 18, 2012, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax developments in Texas. After completing this course you will be able to:
    • Explain the Texas Comptroller’s top five points of contention for the margin tax
    • List five ways of potentially reducing your margin tax expense
    • List at least three ways for maximizing the sales tax manufacturing exemption
    • List the ways in which the Comptroller identifies out-of-state companies with alleged “substantial nexus” with Texas

    There will be an opportunity to submit questions during the live webcast. There are no prerequisites nor advanced preparation required to attend, but a background in state tax would be useful. This group internet-based webcast will be presented at an Intermediate Level. For additional information, or to address any concerns, please contact Dorinda Graves by telephone at (214) 969-3762 or by email at dkgraves@jonesday.com.
    There is no cost to attend this program and no penalty for cancellations. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in California, Illinois, New York and Texas. Assistance with individual applications in other jurisdictions is available upon request. Assistance with individual applications for CPE is available upon request.
  • State Tax Webinar -- Single Sales Factor and Market-Based Sourcing Recorded: Dec 15 2011 63 mins
    The national trend toward single sales factor apportionment and market-based sourcing presents numerous compliance and planning issues. On Thursday, December 15, 2011, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax developments in this area. Topics and learning objectives include:

    • Historical underpinnings of the trend toward single sales factor and market-based sourcing
    • Planning issues and opportunities for single sales factor apportionment
    • Detailed study of approaches to market-based sourcing
    • Elective alternative apportionment under UDITPA Section 18

    There will be an opportunity to submit questions during the live webcast. There are no prerequisites to attend, but a background in state tax would be useful. This group internet-based presentation will cover topics of interest from beginners to experts. There is no advance preparation required. For additional information, or to address any concerns, please call our office at (214) 969-3762.

    There is no cost to attend this program and no penalty for cancellations. The live version of this webcast has been approved for 1 hour of Continuing Legal Education (CLE) credit in California, Illinois, New York and Texas. Assistance with individual applications in other jurisdictions available upon request. Jones Day is an approved sponsor for up to 1 hour of CPE credit for this event.
  • The SEC: Managing Your Legal and Reputational Risk Recorded: Dec 2 2011 78 mins
    Please join us for an informative discussion regarding how to prepare for, and respond to, an enforcement related inquiry by the SEC. Discussion topics will include, When an 8-K is necessary, Public relations concerns and Tips regarding an internal investigation.
  • Jones Day State & Local Tax Coast-to-Coast: Southeast and West Regional Update Recorded: Nov 10 2011 63 mins
    There have been a number of key state tax developments throughout the United States in recent years. State legislatures, courts, and administrative bodies continue to alter the state tax landscape in areas such as taxable nexus and apportionment.

    On Thursday, November 10, 2011, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax developments in the Southeast and West Regions.
  • Analysis of Recent Major Business Decisions Impacting Financial Institutions Recorded: Oct 19 2011 70 mins
    Decisions Impacting Financial Institutions: An Analysis of Recent Major Business Decisions From The U.S. Supreme Court, the New York Court of Appeals, and the Second Circuit
  • What Nortel Really Means For Your Business In California Recorded: Oct 6 2011 68 mins
    The California Court of Appeal's decision in Nortel Networks Inc. v. State Board of Equalization recently became final providing taxpayers with a much needed victory with respect to certain sales of software in California. While many have filed protective claims for refund - reveling in the perceived freedom from tax on these sales - more difficult issues have arisen with respect to how to handle these sales going forward.

    On Octoer 6, 2011, the Jones Day State and Local Tax Practice will present an in-depth analysis of the state of software sales in California post - Nortel.
  • Jones Day 2011 State Tax Legislative Update Recorded: Sep 8 2011 61 mins
    2011 marked a significant year in state tax legislation. Several states enacted legislation in key areas, such as nexus, apportionment and sourcing, net operating losses, tax credits, tax amnesty, and unclaimed property.

    On September 8, 2011, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 1:00 p.m. EDT, that will review the significant state tax legislation enacted during 2011, including:

    •Affiliate and Click-Through Nexus Legislation
    •Colorado and Illinois—Constitutional Challenges to Use Tax Legislation
    •Connecticut—Budget Bill Tax Provisions
    •District of Columbia—Combined Reporting
    •Michigan—Business Tax “Reform”
    •Texas—82nd Legislature in Review
    •2011 Legislative Trends
  • European Perspectives on Nanotechnology Recorded: Jun 21 2011 57 mins
    European Perspectives on Nanotechnology:
    Seizing Opportunities, Protecting Technology, and Avoiding Risks

    Nanotechnology is expected to become one of the key technologies of the 21st century, and it is already being used in a vast number of industrial and consumer applications.

    This webinar will first provide an overview of patent protection for nanotechnology-related inventions in Europe. It will describe specific requirements for claiming new effects caused by miniaturization and will summarize new judicial developments under the European Patent Convention and in Germany, where most European patent infringement trials are held. Practical advice for the search for nanotechnology inventions of third parties will also be given.

    The second part will address potential regulatory and liability risks facing nanotechnology products in Europe and how to manage those risks. The European regulatory framework for nanotechnology will be discussed. In the absence of European "nano-legislation," stakeholders have to take into account both substance-and product-related regulation, as well as general harmonized product liability and product safety regulations.
  • Planning Under the Texas Margin Tax – How To Save Money Recorded: Apr 26 2011 61 mins
    The Texas margin tax presents both pitfalls and planning opportunities for most companies. The unusual structure of the margin tax can make predicting the tax implications difficult. Understanding the mechanics of the Texas margin tax and how it varies from other states’ business taxes can be crucial to avoid overpaying.

    On April 26, 2011, the Jones Day State and Local Tax Practice will present a live, 60-minute webcast, beginning at 12:00 p.m. CDT, that will review the current status of the Texas margin tax regime and outline potential areas ripe for tax planning, including:

    • Efficient reporting of revenue;
    • Expansive deductions for flow-through funds;
    • The ins and outs of the costs of goods sold deduction;
    • Maximizing the lower 0.5% rate;
    • Unique apportionment opportunities;
    • Finding the right unitary group; and
    • The vital need for tax sharing agreements and indemnification.
  • ACCOUNTING TREATMENT FOR COMMONLY USED EQUITY-BASED COMPENSATION Recorded: Mar 22 2011 91 mins
    The Employee Benefits/Executive compensation group has arranged for a web cast at which BDO will give an overview of the accounting treatment afforded to various types of equity award (e.g, options, SARs, Restricted Stock, RSUs, Cash-based phantom award). The purpose of the webcast is to provide Jones Day attorneys who are involved in advising companies on forms of various equity-based compensation a better understanding of the accounting aspect of granting, modifying or amending equity awards. BDO will also discuss the accounting consequences of adding provisions like a net-settlement feature, amending awards in connection with corporate transactions and extending the life of the award following termination of employment.
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Jones Day is a global law firm with locations in centers of business and finance throughout the world. Ranked among the world's best and most integrated law firms, and perennially ranked among the best in client service, Jones Day acts as principal outside counsel to, or provides significant legal representation for, more than half of the Fortune Global 500 companies.

This event has been approved for 1.25 hours of MCLE credit by the State Bar of Texas, NY and CA. Credit will be sought in other states as needed.

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  • Presented by: Meir Feder, Jay Tambe, Brian J. Murray
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