Tag Archives: Lewis Rice & Fingersh

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49 Lewis Rice Attorneys Named inThe Best Lawyers in America® 2016

Lewis Rice is pleased to announce that 49 of our attorneys have been named to the 2016 Best Lawyers in America® annual list. We would also like to recognize Thomas C. Erb, John M. Hessel, Frank B. Janoski, Joseph E. Martineau, Charles F. Miller, and Richard B. Walsh, Jr. as being honored as Best Lawyers’ “Lawyers of the Year” for 2016.

Best Lawyers in America® compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

Click here to view the selections >>

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U.S. Supreme Court Gives Missouri FEHB Insurers a Second Shot at Subrogration Thanks to New OPM Rule

Hidden amongst the flurry of opinions and orders issued in the past few weeks, the United States Supreme Court issued an order that could have a substantial impact on health insurers who provide benefits to federal government employees in Missouri. The Court vacated the Missouri Supreme Court’s 2014 opinion in Nevils v. Group Health Plan, Inc.—which upheld Missouri’s anti-subrogation rule in the face of a federal preemption challenge—and remanded the case for reconsideration in light of a new agency rule directly addressing the preemption issue. More…

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IRS Issues Proposed Regulations for Publicly Traded Partnerships

On May 6, 2015, the Internal Revenue Service (IRS) issued notable proposed regulations (REG-132634-14) clarifying the publicly traded partnership (PTP) activities, in the minerals and natural resources sectors, that will produce qualifying income for the purposes of Section 7704 of the Internal Revenue Code of 1986, as amended.

As a general rule, PTPs are taxed as corporations. Section 7704(c) exempts PTPs from this rule if 90% or more of their gross income is “qualifying income.” Qualifying Income is generally passive-activity income, and includes income from interest, dividends and rent. Section 7704(d)(1)(E) provides, however, that qualifying income also includes income derived from the exploration, development, mining or production, processing, refining, transportation, or marketing of minerals or natural resources (Section 7704(d)(1)(E) activities). Until now, the IRS had not issued regulations under Section 7704(d)(1)(E). The proposed regulations were issued in response to an increase in the number of requests for private letter rulings as to whether income derived from “support services” provided to businesses engaged in Section 7704(d)(1)(E) activities is qualifying income for the purposes of the 7704(c) exception. More…

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David G. Kirby Joins Lewis, Rice & Fingersh

Kirby_DavidLewis Rice LLC is pleased to announce David G. Kirby has joined the Firm as Of Counsel in the Jefferson City Office. David will focus his practice on governmental affairs and administrative law. Prior to joining Lewis Rice, David was an Assistant Attorney General and Senior Advisor to Missouri Attorney General Chris Koster. Additionally, he has worked with U.S. Senator Claire McCaskill and former U.S. Secretary of the Interior Ken Salazar.

Providing clients with meaningful solutions to major policy issues is an integral part of David’s practice. He works with a broad range of decision makers and maintains strong relationships throughout Missouri’s executive and legislative branches. Additionally, David’s litigation experience offers clients a useful understanding of both the federal and state court systems. More…

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State of Missouri Incentivizes Data Center Construction and Expansion

On April 14, 2015, Missouri Governor Jay Nixon signed SB 149 into law, providing incentives for those constructing or expanding certain data centers within the State of Missouri. The law provides exemptions from certain sales and use taxes for each of the following used in a data center:

  1. Electricity, gas, water, and other utilities
  2. Telecommunication services and Internet services
  3. Machinery, equipment, and computers
  4. Certain materials and other personal property used to construct or expand (as the case might be) that data center  More…
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IRS Issues Final Regulations for Charitable Hospitals

Congressional scrutiny of tax-exempt hospital organizations arose as the distinction between tax-exempt and for-profit hospitals has been diminished by the federal government’s provision of Medicare and Medicaid to cover services that tax-exempt hospitals previously provided for free. The overhaul of the healthcare system has brought even more Congressional scrutiny, requiring hospital organizations to be very proactive in ensuring they continue to meet the original requirements for tax exemption, as well as new more rigorous requirements.

The Affordable Care Act (“ACA”), enacted March 23, 2010, added new requirements for Section 501(c)(3) organizations that operate one or more hospital facilities (hospital organizations). On a facility by facility basis, each hospital facility is required to meet the following four general requirements: More…

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Securities Registration: SEC Announces Updated Exemption

On March 25, 2015, the Securities and Exchange Commission adopted “Regulation A+,” a set of new rules updating and expanding the SEC’s existing Regulation A, designed to facilitate smaller companies’ access to capital and provide investors with more investment choices.

Under federal and state securities laws, primarily the Securities Act of 1933, a company that wants to raise capital by selling securities must either register the securities sales with the SEC or rely on an exemption from registration. Full SEC registration can be time-consuming and very expensive. One exemption from registration is provided under the SEC’s Regulation A, which exempts from registration qualifying securities offerings of up to $5 million. More…

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Supreme Court Raises the Stakes of TTAB Proceedings

On March 24, 2015, the United States Supreme Court issued a decision that quickly made waves in the trademark community. In B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. ___ (Mar. 24, 2015), the Court held for the first time that certain rulings made by the Trademark Trial and Appeal Board (“TTAB”), such as whether a likelihood of confusion exists, can have binding effects on subsequent trademark infringement litigation. Although the Court cautioned that not all issues decided by the TTAB will result in such binding effects, the B&B Hardware decision will undoubtedly increase the gravity—and, likely, the time and expense—of proceedings before the TTAB. More…

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TAXATION GROUP RELEASES CLIENT ALERT ON RECENT TAX DEVELOPMENT FOR PASS-THROUGH ENTITIES

The Taxation Group at Lewis Rice has published a client alert introducing President Obama’s plan to standardize the income taxation of all passthrough entities. The hope is that standardizing the income tax scheme for all professional services passthroughs will simplify “reasonable compensation” determinations and create income tax equality among the various passthrough entity forms. Should the proposal be approved, taxes for shareholders of S corporations will be impacted.

To read the full alert, click here.

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JAMI BOYLES REJOINS LEWIS RICE

Boyles_Jami15Lewis Rice LLC is pleased to announce Jami L. Boyles has returned to the Firm to serve as our Chief Administrative Officer. Previously, Jami was the National Director of Human Resources at Graybar. Prior to her tenure at Graybar, Jami practiced Labor and Employment Law with the Firm from 2001-2011.

As Chief Administrative Officer, Jami will work closely with the Firm’s Management Committee, attorneys and department chairs to ensure that our employment and other administrative needs are met to support our attorneys as they, in turn, meet the dynamic needs of our clients. Additionally, Jami will lead the lateral attorney hiring efforts of the Firm. More…

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