Important Changes in U.S. Immigration

U.S. IMMIGRATION UPDATE AND HELPFUL TIPS Increased Border Scrutiny Longer Visa Processing Times Frequent Site Visits Increased Visa Scrutiny and Denial On April 18, 2017, President Trump signed the “Buy American and Hire American” Executive Order, which seeks to create higher wages and employment rates for U.S. workers and protect...

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V. David Rivkin Joins Wuersch & Gering

May 1, 2017 V. David Rivkin Joins Wuersch & Gering New York, N.Y. — Wuersch & Gering is pleased to welcome our new partner, V. David Rivkin, who joined the leadership of the firm’s Litigation and Arbitration practice. Mr. Rivkin brings with him nearly two decades of cross-border litigation, arbitration...

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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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Wuersch & Gering Wins Appeal Dismissing RICO and Fraud Case Against German Company

Wuersch & Gering won an appeal denying US jurisdiction over claims against LFoundry GmbH, a German technology company,  by our client’s bankrupt French subsidiary, LFoundry Rousset, SAS, and a class of individual French plaintiffs.  LFoundry GmbH, Atmel Corporation of California and its French subsidiary, Atmel Rousset, SAS, were sued in...

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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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Wuersch & Gering Represents the NSI Group in its Acquisition of MI Technologies

Wuersch & Gering represented NSI-MI Holdings, LLC (a portfolio company of Quadrant Management, Inc.) in its acquisition of MI Technologies, LLC, a leading global supplier of radio frequency and microwave products, systems and services, and the related acquisition financing transaction. In February 2015, the NSI Group acquired Nearfield Systems, Inc.,...

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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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Wuersch & Gering Represents ASH Group in its Acquisition of Meyer Products and Swenson Spreader

Wuersch & Gering represented ASH Group in its acquisition of Meyer Products LLC and Swenson Spreader LLC from the Louis Berkman Work Products Company LLC. ASH Group is a leading European manufacturer of ice and snow removal and street cleaning equipment with approximately $350 million in sales and 1,300 employees...

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Wuersch & Gering Obtains Antitrust Summary Judgment

Wuersch & Gering recently obtained a rare antitrust summary judgment dismissing a complaint asserting Robinson-Patman Act claims.  Courts rarely dismiss antitrust claims at the summary judgment stage because the application of economic and competition law to contested facts often does not render such motions ripe for pre-trial adjudication.  In this...

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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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Wuersch & Gering Represents ARC Group and Quadrant Metals on its Acquisition of Advanced Forming.

Wuersch & Gering represented ARC Group Worldwide, Inc. (Nasdaq: ARCW) (“ARCW”) and its wholly-owned subsidiary Quadrant Metals Technologies, LLC (“QMT”) in ARCW’s recent acquisition of Advanced Forming Technology, Inc. for $43 million in cash and convertible note, with acquisition financing of $25 million provided to QMT by T.D. Bank, N.A....

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Wuersch & Gering Advises Evatec on U.S. Part of its Acquisition of Oerlikon’s Advanced Technologies Segment

Wuersch & Gering Advises Evatec on U.S. Part of its Acquisition of Oerlikon’s Advanced Technologies Segment Wuersch & Gering represented Evatec Ltd. in the acquisition of Oerlikon’s Advanced Technologies business in the United States.  This acquisition was part of Evatec’s acquisition of Oerlikon Group’s global Advanced Technologies business (http://www.evatecnet.com/about-us/news-archive/acquisition-of-oerlikons-advanced-technologies-segment).  Wuersch...

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