News & Analysis as of

Tax Liability False Claims Act (FCA)

McDermott Will & Schulte

Let the Shakedowns Begin: Tax False Claims Legislation in California

Legislators in Sacramento, California, are mulling over one of the most (if not the most) troubling state and local tax bills of the past decade. Senate Bill (SB) 799, introduced earlier this year and recently amended,...more

Kilpatrick

A Recipe for Bad Tax Policy: False Claims Acts and Class Action Lawsuits in the World of State Taxation

Kilpatrick on

Perfection is often an admirable goal, but rarely achieved. However, in the current environment, failure to collect, report and remit your taxes perfectly, particularly in the sales and use tax arena, can leave a taxpayer...more

Morgan Lewis

New York Expands False Claims Act Tax Liability for Non-Filers

Morgan Lewis on

New York Governor Kathy Hochul recently signed into law new legislation expanding the reach of the New York False Claims Act (NYFCA) to entities that fail to file tax returns in New York. Unlike the federal False Claims Act...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Relator Counsel’s Fees Must Be Paid Before Tax Lien

Takeaway: The Eastern District of New York rules that tax code gives relator’s counsel superpriority to False Claims settlement proceeds. On Wednesday, November 9th, the Eastern District of New York ruled that fees owed...more

Rivkin Radler LLP

Thinking About ‘Avoiding’ NY Tax Increases? Then Think About The False Claims Act

Rivkin Radler LLP on

According to Justice Learned Hand, “Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to...more

BakerHostetler

Tax & False Claims Acts - Will DC Authorize Bounty Hunters?

BakerHostetler on

A few states allow private parties (e.g., plaintiff lawyers) to bring tax suits under state False Claims Acts (qui tam actions) - often for a share of treble damages. The District of Columbia is looking to join the club...more

McDermott Will & Schulte

Illinois Appellate Court Delivers Another Blow to Relator in False Claims Act Litigation

McDermott Will & Schulte on

On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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