Featured Publications

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.

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Labor, Employment and Benefits: Alert - November 10, 2009

On October 28, 2009, President Obama signed into law a Defense Department Fiscal Year 2010 authorization bill that expands the Family and Medical Leave Act’s (FMLA) requirements with respect to “qualifying exigency leave” for family of military members and “military caregiver leave.” Specifically, qualifying exigency leave now applies to employees who have family members on active duty military service in a for­eign country, and military caregiver leave applies to family members of veterans, not just active duty service members. Although the law does not specify an effective date, it ap­pears to take effect immediately.

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Books

Tribal Business Structure Handbook
 

Native American Finance Officers Association

February 2, 2009
 
Kathleen Nilles - Washington

Authored by Karen J. Atkinson, President, Tribal Strategies, Inc. and Kathleen M. Nilles, Partner, Holland & Knight, this guide is a comprehensive resource on the formation of tribal business entities.

Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity currently in use from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. It covers governmental entities (e.g., instrumentalities, political subdivisions and section 17 corporations) as well as the more common business forms (corporations, partnerships and LLCs). Clearly and simply written, it will be useful to a wide range of users, including: Tribal Council members, Tribal enterprise directors and executives, Finance officers, Tribal legal counsel, and those entering into business or lending relationships with Tribal governments.

Tribal Business Structure Handbook is available for purchase ($25 a copy, plus shipping) at http://www.nafoa.org/publications.html.

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