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Recent changes
Safdieh v. Commissioner - Tax Court Ruling on Penalty Assessment
The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business under I.R.C. § 6038(b). The court vacated a Tax Court order that had prevented the Commissioner from collecting $50,000 in penalties against Joseph Safdieh through administrative assessment.
US v Aryeetey - Conviction Appeal Affirmation
The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion in the admission of DNA evidence and deemed the sentence substantively reasonable.
Peña Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis-infused edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.
Miller v. Lamanna - Appeal of Dismissal
The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court improperly converted a summary judgment motion into a dismissal motion, remanding the case for further proceedings.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit vacated a district court judgment in favor of GEICO, remanding the case of GEICO v. Mayzenberg. The court's decision was based on a certified question answered by the New York Court of Appeals, which clarified that an insurer cannot deny no-fault benefits based solely on alleged professional misconduct not amounting to ceding control of a professional services corporation to an unlicensed party.
Bondholders v. Republic of Argentina - Sovereign Bond Default Litigation
The Second Circuit Court of Appeals partially affirmed and vacated a lower court's decision in a case where bondholders sued the Republic of Argentina over defaulted sovereign bonds. The court found that some of the bondholders' claims are timely and that they now have the authority under Argentine law to sue, remanding the case for further proceedings.
Sacaza v. City of New York - Qualified Immunity Appeal
The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective in a false arrest and malicious prosecution case. The court found that the detective had arguable probable cause, granting him qualified immunity on federal claims.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.
Merger M.12322: Acquisition of joint control over Ryan
The European Commission has published a notice regarding Merger M.12322, concerning the proposed acquisition of joint control over Ryan, LLC by funds managed by NB Alternatives Advisers LLC, Onex Corporation, and Ares Management Corporation. This transaction involves the acquisition of joint control over a tax services and software provider.
Prior Notification of Concentration Case M.12322
The European Commission has published a prior notification of a concentration case (M.12322) involving NEUBERGER, ARES, ONEX, FOUNDER, and RYAN. This case is a candidate for the simplified procedure, indicating a potentially straightforward review process.
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