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Government Contracts: Alert - November 12, 2009

On November 30, 2009, the Supreme Court will hear oral argument in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, a qui tam action brought under the False Claims Act (FCA) and appealed from a Fourth Circuit decision. The Court will use the case to resolve a split among the circuits over the scope of the FCA's "public disclosure" bar. A decision affirming the Fourth Circuit could increase qui tam litigation against any organization that does business with, or receives federal money through, federal, state and local governmental entities – and would further expand the reach of the FCA to any state or local program involving the use of federal funds.

Private Wealth Services: Newsletter - November 2009

There has been considerable debate on Capitol Hill this year over the taxation of a Carried Interest in the context of a Private Equity Fund (PEF). At the same time, there has been public discussion of the role that the private equity industry will have in our economic recovery. In the realm of estate planning, PEF Principals possess unique opportunities to shift the performance of their interest in a PEF to future generations – potentially resulting in very significant estate tax savings. This article will review the basic PEF structure, describe the nature of a Principal’s interest in a PEF and indentify wealth transfer techniques that should be considered by a Principal.

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WHEN FEDERAL AND STATE RULES COLLIDE: COURT RULES NO “NO SURPRISES” UNDER THE CALIFORNIA ESA

ABA Endangered Species Committee Newsletter

August 1, 2008

Elizabeth Lake - San Francisco

On July 17, 2008, the California Supreme Court issued a decision that could significantly impact development in California and upset expectations of public and private developers who have completed Habitat Conservation Plans (HCPs) under the federal Endangered Species Act (ESA) with corresponding permits from the state under the California Endangered Species Act (CESA). Please click on the link below to view the article.

WHEN FEDERAL AND STATE RULES COLLIDE: COURT RULES NO “NO SURPRISES” UNDER THE CALIFORNIA ESA

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