Miscellaneous Archives - Page 15 of 15

Vacation Home Tax Treatment

08/17/202012/15/2007 by Report from Counsel

An owner of a second home that is both rented out and put to personal use at different times in any given year should bear in mind the considerable differences in income tax liability that flow from how the two types of uses are allocated. Each year, for tax purposes, the home will be considered … Read more

The Murky Waters of Wetlands Protection

08/17/202012/01/2007 by Report from Counsel

It has been over a year since a splintered United States Supreme Court issued a decision on the scope of the federal government’s jurisdiction under the Clean Water Act to regulate wetlands. In that time, confusion has reigned as lower courts have interpreted the decision. The Act, now 35 years old, prohibits dumping certain pollutants into the “waters of the United States,” which are defined as “navigable waters.” Property owners of isolated wetlands have the “murky” task of determining whether their property is protected or not.

Family Responsibilities and the Workplace

03/31/201611/30/2007 by Report from Counsel

There is no federal law called the “Family Responsibilities Discrimination Act” or the “Caregiver Discrimination Act.” Nonetheless, there has been an increase in claims brought under a variety of federal statutes on behalf of job applicants or workers who assert discrimination by an employer on the basis of family-related decisions. Relevant federal statutes include the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Family and Medical Leave Act (FMLA). If the employer is a government entity, the claim may be couched in terms of a violation of constitutional rights.

Computer Fraud and Abuse Act Update

08/17/202010/31/2007 by Report from Counsel

The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.

"ARM" Borrowers Beware!

08/17/202010/01/2007 by Report from Counsel

After a period in which eligibility criteria for prospective borrowers were stretched to the breaking point, the chickens are coming home to roost in what is sometimes euphemistically called the “subprime” home mortgage market. Millions of new homeowners who got an adjustable-rate mortgage (ARM) with terms that they could handle in the early years now … Read more

$200,000 for Identity Theft Victim

03/31/201603/31/2004 by Report from Counsel

Nicole discovered that someone with a name very similar to hers had stolen her identity and opened fraudulent accounts in her name and under her Social Security number. This was only the beginning of a long and arduous saga in which she took all of the recommended steps to rectify the problem, but nonetheless was … Read more

"Just Say No" To Unsolicited Credit-Card Offers

03/31/201611/30/2003 by Report from Counsel

If you want to stop the flow of unsolicited credit-card offers, there is a way. Under the federal Fair Credit Reporting Act, consumers have the right to stop credit bureaus from providing their names and addresses for marketing lists.As required in the federal legislation, the major credit bureaus have set up a toll-free number (888-5-OPT-OUT–888-567-8688) … Read more