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A&M Newsletters
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Thought Leadership

Change in Control Benefits at the Top 200 Companies Are on the Rise

January 19, 2012
Executive compensation remains under the microscope of politicians, shareholders and shareholder advisory firms. A major point of contention revolves around benefits provided to executives in connection with a change in control. Surprisingly, these benefits increased during the last few years, driven primarily by the recovery in the stock market.
Thought Leadership

Avoid the Surprise: Know Your IRC Section 338(h)(10) State Rules

December 13, 2011
Many buyers and sellers of businesses do not consider state income tax consequences until after a deal has been completed. Ignoring state tax considerations at the outset of a transaction may put you in an adverse negotiation position, particularly in a deemed asset sale under Internal Revenue Code (IRC) Section 338(h)(10). It may come as a surprise that significant state taxes can result from such an election.
Thought Leadership

How Is Your Cloud Taxable: New Transfer Pricing Analysis for New Business Paradigms

December 1, 2011
As businesses increasingly rely on rapidly evolving remote or outsourced information technology (IT) accessed via the internet (colloquially called “The Cloud”), tax planning in general enters into relatively new territory as well. Setting transfer prices for related-party transactions that have the effect of allocating profits among competing taxing jurisdictions is no exception.
Thought Leadership

Retailers Beware: A New Jersey Case May Change How You Report Unclaimed Property

October 31, 2011
When you think of unclaimed property and escheatment, a bank or insurance company probably comes to mind as the type of business that would be concerned with tracking and reporting items of unclaimed property. However, although state unclaimed property laws were first established because of banks and insurance companies, they now have a much broader reach and are applicable to many types of businesses.
Thought Leadership

Take the Money and Run: A Primer on the Income Tax Consequences of Tax Increment Financing

October 25, 2011
Debate continues over the role of infrastructure projects, including government incentives, in job creation. Before weighing in on the debate, it is important to look at some developments related to existing incentives for infrastructure spending. One notable example of discretionary government incentives has been the use of Tax Increment Financing (TIF) bonds.
Thought Leadership

Mitigating Common M&A Purchase Price Disputes

September 29, 2011
Buyers and sellers of companies usually put a great deal of effort into determining the appropriate purchase price for a transaction by analyzing such factors as earnings multiples, book values and / or growth projections. While both parties might agree on a base price for the deal, an often underappreciated aspect of these negotiations is the effect that post-closing purchase price adjustments may have on the overall amount the buyer must pay for the company.