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blueConsular Processing, and 99 State - Thailand

Consular officers and immigration attorneys in Thailand are not supposed to act as adversary counsels during the consular processing.

greenIRS Needs Significant Additional Controls in Its Role as Disbursing Agent for Refundable Tax Credits

     By Fulcrum Inquiry
In two reports made public in December 2009, the IRS Inspector General concluded (i) the IRS ignored previous recommendations, causing significant refundable tax credits to be paid improperly, and (ii) by improperly issuing taxpayer identification numbers, the IRS allowed billions of dollars of fraudulent refundable credits.

greenSharia Law Will Likely Be a Creditor Disaster in the Dubai Restructuring

     By Fulcrum Inquiry
Dubai announced that it would seek a six-month postponement of debt repayments. The announcement came as a shock initially, but has since been generally dismissed by the press. This situation provides insights regarding Islamic finance with which most in the West are unfamiliar.

greenHouse Passes Important Regulatory Changes

     By Fulcrum Inquiry
The entire House of Representatives will soon consider the Investor Protection Act. We provide a summary of what it contains without the political sound bites that you have already heard (and hopefully dismissed).

green401(k) Fee and Disclosure Litigation Gets a Boost

     By Fulcrum Inquiry
This month, a settlement occurred which (i) demonstrates that these cases have meaningful value and (ii) will likely provide a model for others. We review the settlement, and the primary employer-friendly case that encourages employers not to settle at all.

greenUpcoming Supreme Court Ruling Could Impact The Mutual Fund Industry … But Probably Will Not

     By Fulcrum Inquiry
Section 36(b) of the Investment Company Act establishes a fiduciary duty. Since a 1982 industry-favorable ruling, there has not been a single successful lawsuit against a mutual fund over management fees. The U.S. Supreme Court now is considering this issue. Mutual fund management fees may need to be reworked, or at least rigorously justified through analysis based on the costs of servicing the different classes of investors.

greenNovember 2009 Law Provides more Stimulus and Unemployment Spending

     By Fulcrum Inquiry
Under broad bipartisan support, Congress passed the Worker, Homeownership & Business Assistance Act. The authors provide details not covered in the surface-level reporting you may have already seen.

bluePedestrian Deaths in New Jersey on the Rise

     By Keefe Bartels, LLC
According to a recent study by Transportation for America, more than 76,000 Americans have been killed while crossing or walking along streets in the last 15 years. And despite increased spending on pedestrian safety, the number of pedestrian deaths in the U.S. continues to rise.

blueChina’s New Legislation Clears the Way of Establishing Foreign-Invested Partnership

     By Guo Lian Law Firm
China announced the issuance of the Administrative Measures for Foreign Enterprises and Individuals to Establish Partnership Enterprises in China by the State Council on 2 December 2009. The legislation officially opens the route for foreign investor to invest directly in a partnership enterprise in China. From its effective date, 1 March 2009, foreign investors will be able to establish partnership enterprises either by themselves or with Chinese partners.

greenHigh Rates of Medication Errors for Victims of Pulmonary Hypertension

Nearly 20,000 Americans suffer from pulmonary arterial hypertension (PAH), a condition characterized by unusually high blood pressure in the lungs' arteries. Presently, there is no cure for PAH, but physicians can treat the symptoms.

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