Publications

USCIS FEE INCREASES AS OF 12/23/2016

Effective December 23, 2016, fees for most applications and petitions filed with U.S. Citizenship and Immigration Services (USCIS) will increase. The increases in fees range from as little as $15 to as much as hundreds of dollars for some common categories. What will change under the new Fee Rule: USCIS...

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Supreme Court IP Activity Update July 2016

Enhanced Damages and Attorneys’ fees easier to obtain. PTO decisions on whether to institute IPR proceedings are final and unappealable PTO use of “broadest reasonable claim construction” in determining invalidity in IPRs upheld. Enhanced Damages/Attorneys’ Fees:  Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (June 13, 2016):...

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U.S. DOL: Final Rule Significantly Increases Salary Required to Meet Several Overtime Exemptions

After receiving the directive from President Obama in 2014, last week, the U.S. Department of Labor announced its Final Rule to update and modernize regulations governing exemption of executive, professional and administrative employees from minimum wage and overtime under the Fair Labor Standards Act. Last updated in 2004, the new...

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New Law Permits Denial or Revocation of US Passports Due to Significant Federal Tax Delinquencies

Under the Fixing America’s Surface Transportation Act, which President Obama signed on December 4, 2015, an individual’s US passport can, for the first time, be denied or revoked because the individual has a significant US tax liability.  This provision became effective on January 1, 2016. The liability does not have...

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“Regulation Crowdfunding” Update

On November 16, 2015, the U.S. Securities & Exchange Commission “Regulation Crowdfunding” Rule was published in the Federal Register.  The Rule becomes effective 180 days after the date of publication, which will be May 16, 2016, except that Form “Funding Portal” and amendments to “Form ID” will become effective January...

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OCIE Publishes Results of Examinations of Investment Advisers and Funds That Outsource Their Chief Compliance Officer

On November 9, 2015, the Office of Compliance Inspections and Examinations (the “OCIE”) of the Securities and Exchange Commission (the “Commission”) published the results of its examinations of investment advisers and funds that outsource their chief compliance officer (“CCO”) and the risks related to doing so (the “Risk Alert”).  Not...

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Securities and Exchange Commission Adopts Final Rules to Permit Crowdfunding

On October 30, 2015 the Securities and Exchange Commission (the “Commission”) adopted its long-awaited final crowdfunding rules under “Regulation Crowdfunding.” All transactions relying on Regulation Crowdfunding must take place through a registered intermediary, either a broker­dealer registered with the Commission or a funding portal registered with the Commission.  Companies are...

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The IRS Presumption Rules and the Withholding Certificate (Form W-8) Dilemma: A Solution for Foreign Partnerships Providing Services to U.S. Clients

Compensation paid to a nonresident alien or foreign entity for services performed outside the United States is not U.S. source income and is therefore not subject to nonresident alien/foreign entity withholding or FATCA withholding.  Nonetheless, a U.S. payer may still be required to backup withhold at the rate of 28%...

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Doppelte Staatsangehörigkeit -Voraussetzungen der Beibehaltung der deutschen Staatsangehörigkeit vor der US-Einbürgerung

Durch das zum 1. Januar 2000 in Kraft getretene Gesetz zur Änderung des Staatsangehörigkeitsrechts wurde für die in den USA lebenden Deutschen, die die US-amerikanische Staatsangehörigkeit erwerben möchten, die Beibehaltung der deutschen Staatsangehörigkeit wesentlich erleichtert. Wichtiger Hinweis: Wer durch Geburt in den USA die US-Staatsangehörigkeit und gleichzeitig durch Abstammung von...

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Work Eligibility for Certain H-4 Visa Holders

 DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Visa Holders The U.S. Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is affording eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking...

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ACCESSING GLOBAL MARKETS THROUGH UCITS FUNDS

Global Appeal of UCITS Funds Undertakings for Collective Investments in Transferable Securities (“UCITS”) are among the most popular forms of investment funds.  The UCITS framework was originally developed to facilitate cross-border European fund investments by providing a single investment fund standard (European passport) for all European Union (“EU”) member states. ...

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U.S. Entry – The Do’s and Don’ts – Important Entry Rules, Regulations and Consequences for Violators

We are sending you this memo due to an apparent recent trend concerning U.S. admissions of Visa Waiver Program (“VWP”) Applicants and B-1 Travelers who are relying on improper information about their eligibility for U.S. immigration benefits through various sources, including Consular Call Centers and the Internet.  We encourage all...

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SEC Proposes Amendments to Form ADV

The Securities and Exchange Commission (the “SEC”) recently proposed amendments to Form ADV, the disclosure form used by registered investment advisers.  Investment advisers are required to file Form ADV when registering with the SEC and update their Form ADV annually thereafter.  Form ADV requires disclosures regarding an investment adviser’s investment...

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SEC Update

Janet R. Murtha published an article on the new SEC rules which permit general solicitations and advertising in connection with private offerings in the September issue of The Investment Lawyer.  

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Dealing with FBARs

Charles E. Chromow published an article on FBAR reporting of foreign financial accounts by US persons in the August issue of the Journal of International Taxation.  

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Proposed Regulations under FATCA

March 5, 2012 — Starting in 2014, the Foreign Account Tax Compliance Act of 2009 (“FATCA”) will, among other things, force non-US financial institutions to disclose their US customers. Non-compliant institutions face a 30% US withholding tax on certain payments such as dividends, interest and other “fixed and determinable annual...

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