Becoming a U.S. resident is an important event in the life of any foreign national. For some it represents only a temporary stay in the U.S., but for many others it marks the end of a long process to obtain what is commonly referred to as a “green card” (a holdover reference to when the cards were actually green), which represents the holder’s legal right to reside permanently in the United States. Although foreign nationals generally realize that the advice of immigration counsel is imperative to navigate properly the constantly changing U.S. immigration laws, few realize the importance of seeking… Read more

According to Scandinavian folklore, a troll is a fearsome creature of mythical origin. There are many forms that the troll can take, but a common conception of the troll is a creature that is ready to pounce on unsuspecting travelers and often steals and carries away people and their possessions. There is a modern-day version of the ancient folklore trolls. The modern-day trolls are known as “patent trolls.” Patent trolls are reprehensible entities, including individuals and companies, that collect patents for the purpose of extracting high licensing fees from unsuspecting entrepreneurs and companies in the fields of technology and business…. Read more

Consideration for your fellow man; Wouldn’t hurt anybody, sure fits in with my plan; Over the border, there lies the promised land So don’t tell anybody what I wanna do; If they find out you know that they will never let me through. It’s no fun being an illegal alien. From the song Illegal Alien by Genesis (1983) It has been a long, hot summer in Washington, D.C., as a House-Senate conference committee tries to craft an immigration compromise, with politicians from both parties facing elections in the fall. Immigration is squarely a political issue and one of the most… Read more

Beware. As more U.S.–based companies seek to do business in foreign markets, they need to know that what is acceptable and commonplace elsewhere may be a violation of U.S. law. The Foreign Corrupt Practices Act (FCPA or the Act), § 15 U.S.C. 78, et seq., makes it unlawful for U.S. persons and businesses, and certain foreign issuers of securities, to make a payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. The U.S. Department of Justice is the Act’s chief enforcement agency, with a coordinating role played… Read more

“Ain’t that America, home of the free little pink houses for you and me.” John (Cougar) Mellencamp’s sentiment in his 1984 hit Pink Houses may be precisely what has fueled the controversy following the United States Supreme Court ruling on June 23, 2005 that local governments may exercise eminent domain powers to take private property for economic development. Generally, eminent domain, also referred to as “condemnation,” is the taking of private property by local, state or federal government for a “public use” or “public purpose.” In a five-to-four ruling, the high court held in Kelo v. City of New London,… Read more

Lifelong Florida residents will tell you that there have been some bad hurricanes to hit the state, and can name them by heart: Miami 1926, Labor Day 1935, Donna 1960, Andrew 1992. But for the most part, life on the peninsula has been balmy and beautiful, with plenty of sunshine, and with summertime heat and thunderstorms being the only real weather-related annoyances. But say that to the people of Polk County, Florida, and you will get an argument. In 2004, three different powerful hurricanes — Charley, Frances and Jeanne — had their common point of convergence in Polk County, located… Read more

For more than 25 years, the rules governing nonqualified deferred compensation arrangements remained relatively unchanged. In the Revenue Act of 1978, Congress directed that amounts deferred under a nonqualified deferred compensation plan were required to be taken into income as provided by applicable law in effect on February 1, 1978. Both businesses and tax practitioners knew and understood the rules (and in some cases, how to work around them). Peace and stability prevailed in the land of nonqualified deferred compensation. Then, in October 2004, a new Section 409A (“409A”) was added to the Internal Revenue Code of 1986 (the “Code”)… Read more

Picture this. Your company has just completed construction of its new corporate headquarters. You are ready to make final payment to your contractor of $100,000 and convert your construction financing into a lower cost permanent loan. Although your understanding was that everyone had been paid, subcontractors and suppliers have recorded lien claims against the project in excess of half a million dollars, and your contractor says he’s broke. Your lender refuses, however, to close on the loan until all claims of lien are cancelled. To get the claims of lien cancelled, your attorney advises that you may have to pay… Read more

Leonardo DiCaprio’s portrayal of Howard Hughes in “The Aviator” might never have made it to the screen if the true life protagonist had not had a father who understood a truism about human nature–the best way to keep something confidential is to tell no one about it. Popular legend has it that Howard Hughes’s father made a modest fortune that descended to Howard, which Howard built upon to become “The First Billionaire.” The elder Mr. Hughes created an oil drilling bit that leapfrogged all existing technology used and useful in such work in the pioneering days of the early 20th… Read more

It has been stated that an advantage of arbitration in international disputes is that it offers hope of reducing both bias and the prospect of parallel lawsuits in different countries. Arbitration is also commonly expected to provide confidentiality and expertise. There is no question that arbitration has the potential to provide advantages over litigation. On the other hand, arbitration in international settings is far from being immune to differences in the cultural and legal backgrounds of the parties (and arbitrators) involved in a particular case. Arbitration itself does not overcome such differences, but provides the means to do so. If… Read more