Law

Spencer Fane Britt & Browne announced today that Patrick Whalen and Thomas Osterholt, Jr. have been elected to the firm’s Executive Committee. Whalen and Osterholt join committee chairman Mike Saunders and members Mark McQueen, Denise Drake, and Jim Lepore.

Case Laws-Corporate Laws -From sc/hc

Applicability of section 5 of Limitation Act, 1963 to a company appeal - The time limit prescribed under section 10F of the Companies Act, 1956 to file an appeal from the order of the Company Law Board is absolute and unextendable by Court under section 5 of the Limitation Act - Smt. Hetal Alpesh Muchhala v. Adityesh Educational Institute [COMPANY APPLICATION NO.843 OF 2009 IN COMPANY APPEAL (L) NO.48 OF 2009 IN PETITION NO.44 OF 2007 AND PETITION NO.45 OF 2007]

Kansas City law firm represents Joachim Hans Keil in pending action involving unlawful detention and abuse of power

Kansas City, MO (November 6, 2009) Today, Sharma-Crawford Attorneys at Law filed suit in U.S. District Court against five defendants, including Special Agents for the U.S. Department of State and U.S. Immigration and Customs Enforcement, on behalf of Joachim Hans Keil, Associate Minister of Samoa. (View Complaint)

FOR IMMEDIATE RELEASE
November 11, 2009

Former Independent Counsel and Dean of Pepperdine Law School
Ken Starr to Speak at KU Law

LAWRENCE – The University of Kansas Chapter of the Federalist Society is pleased to announce that Ken Starr, the former independent counsel whose investigations lead the impeachment of President Bill Clinton, will be visiting the University of Kansas School of Law on Thursday, November 19.

TubaChristmas 2009 will be hosted by The Kansas City Symphony on Friday, December 4. This event will be one of 240 TubaChristmas concerts presented around the United States in tribute to the late artist/teacher William J. Bell, born on Christmas Day 1902. The TubaChristmas ensemble performs traditional Christmas carols and songs, many of which were arranged by noted American composer Alec Wilder, who ironically died on Christmas Eve, 1980. The memories of Bell and Wilder are celebrated in the annual performances of TubaChristmas groups around the nation.

Former Chicago Attorney Joins Team to Support Continued Growth

Lenexa, KS – November 6, 2009: Genesh, Inc., a leading area Burger King franchisee, today announced the appointment of Donald R. Simon as General Counsel.

(KANSAS CITY) – The Kansas City Symphony marks the beginning of the holiday season with Handel’s Messiah on Thanksgiving weekend. The Kansas City Symphony and Chorus join with the Independence Messiah Choir for this mosaic of the scriptures, which remains Handel’s most famous work. With over 400 musicians on stage, it is one of the most triumphant choral pieces ever written. Messiah is best known for its familiar “Hallelujah” chorus.

“A séance for piano and orchestra" -- ghosts of music's past weave through the three movement concerto

(Kansas City) - The Kansas City Symphony will present the world premiere of Lost Souls - A Piano Concerto by Israeli composer Avner Dorman on November 20-22. Lost Souls tell the haunting story of a séance summoning ghosts of concertos past, ending in an exorcism. Praised by Gramophone Magazine as “a fresh, young voice, worth following,” Avner Dorman is a rising star composer whose orchestral works were recently performed by the New York Philharmonic and the Los Angeles Philharmonic.

KANSAS CITY SYMPHONY HOSTS
KENNEDY CENTER PRESIDENT MICHAEL KAISER FOR FREE COMMUNITY ARTS CONVERSATION ON NOVEMBER 18

Kennedy Center President Michael M. Kaiser to Travel to all 50 States, Puerto Rico and Washington, D.C., to address the challenges facing non-profit performing arts organizations today

The City of Overland Park, Kansas, is one of a few cities, if not the only city, in the State of Kansas that charged individuals convicted for misdemeanor offense, and sentenced to jail by the city’s municipal court, for the cost of staying in jail. In a lawsuit filed on October 29, 2009, by Adolph Moreno, who was made to repay cost of his incarceration, claims were made that the application of the City of Overland Park ordinance violated his equal protection rights. In addition, Moreno claimed his civil rights were violated for speeding 25 extra more days in jail, instead of two days the court ordered.

Bruce Keplinger has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.

The induction ceremony at which Mr. Keplinger became a Fellow took place recently before an audience of approximately 974 persons during the recent 2009 Annual Meeting of the College in Boston, Massachusetts.

Case Laws-Direct Tax Laws -From Itat

Assessability of capital gains on transfer of shares - Sale as contemplated u/s 2(47)(i) and extinguishment of rights as contemplated u/s 2(47)(ii) are not mutually inter-changeable; if a particular transaction is the transaction of sale then unless the sale is complete, no transfer can be said to have taken place because there will always be extinguishment of rights in case of sale and if a single right out of the entire bundle of property in capital asset is extinguished, then, the transfer would be taken as complete; this will lead to absurd situation; thus, the transfer of share is complete when the share certificate along with duly executed transfer deed is handed over to the transferee - Hami Aspi Balsara v. ACIT [ITA No. 6402 & 6403/Mum/2008]

Malissa L. Walden: Partner/ Attorney
Malissa L. Walden and Cassie Pfannenstiel Rodriguez have opened the doors of their new law firm Walden & Pfannenstiel, LLC.

Case Laws-Direct Tax Laws -From Itat

Determination of true character of a receipt in hands of assessee - It is absurd to say that an amount can be a capital receipt only if it is reduced from the cost of the assets; it is only a form of accounting which may be relevant in certain situations - ACIT v. Sanghi Textiles Ltd. [ITA No. 346/Hyd/04]

Overland Park, KS—The Kansas City area-based intellectual property (IP) law firm of Hovey Williams LLP recently announced the addition of Paul Walker to its team. Walker joins the firm as an associate.

Award Applauds Improvements in Graduated Driver Licensing Law

Topeka, KS, October 19, 2009 – Senator Vicki Schmidt of Topeka, Kans. has taken action to keep teen drivers safe and is receiving the Graduated Driver Licensing Champion Award, presented by State Farm®. This award is given in recognition of Senator Schmidt’s efforts to pass Graduated Driver Licensing legislation that updated the driver’s license law for Kansas teens.

FOR IMMEDIATE RELEASE

FEDERAL COURT RULES THAT INFORMATION PROVIDERS, INC. VIOLATED THE FAIR LABOR STANDARDS ACT

KANSAS CITY, MO, October 16, 2009 – In an Order dated October 14, 2009, the United States District Court for the District of Minnesota held that Information Providers, Inc.(IPI), based in Hastings, Minnesota, misclassified one of its Premium Auditors as exempt from the overtime laws set forth in the federal Fair Labor Standards Act. While the ruling, at this point, applies only to the named plaintiff, Miranda Stephenson, the ruling holds that the compensation system itself is unlawful and thus the ruling may be extended in the future to other Premium Auditors who are paid in the same manner as the named plaintiff. The case is pled as a collective action. The plaintiff seeks unpaid wages, including unpaid overtime, plus liquidated damages, on behalf of herself and all Premium Auditors similarly situated to her.

(Kansas City, Missouri) – Spencer Fane Britt & Browne LLP announced today that Peter Hartweger has joined Spencer Fane as a partner in the firm’s Kansas City, MO, business transactions and corporate group. He specializes in mergers & acquisitions, general business, tax-exempt organizations, and e-commerce. Hartweger represents small to medium size clients in connection with various types of business acquisitions, and he also provides general legal advice to numerous closely-held businesses, including several start-up companies.

Case Laws-Direct Tax Laws -From Itat

Scope for exclusion of capital gains in computation of book profit under section 115JB of IT Act, 1961 - The long term capital gain included in the net profit prepared under the Companies Act is not deductible from the net profit for the purpose of computing book profit u/s115JB; merely because the long term capital gain is not liable to be taxed under the normal provision of the Act for the reason that the assessee has made investment in specified schemes as contemplated u/s 54EC, it is not correct to say that it is also to be reduced from the net profit for the purpose of computing deduction u/s 115JB when the Explanation to section 115JB does not provide for any deduction in terms of section 54EC meaning thereby that section 54EC has no application in the computation of book profit u/s 115JB - Growth Avenue Securities Pvt. Ltd. v. DCIT [ITA No. 3912/Del/2005]

Northbrook, IL ( PressReleasesKCSTAR ) October 05, 2009 – The bankruptcy law firm of Legal Helpers/Macey & Aleman has recently opened two new law offices to better serve their clients across the United States. The two newest locations of the Legal Helpers network of bankruptcy and debt restructure attorneys are located in Overland Park, Kansas(Kansas City, Missouri) and Brooklyn Park, Minnesota. This brings the firm’s total offices to 79, in 20 states across the country.

The Board of Regents of the American College of Environmental Lawyers (ACOEL) has announced the election of Spencer Fane Partner Michael D. Hockley as a Fellow. Membership is by invitation, and members are recognized by their peers as preeminent in their field. ACOEL members are dedicated to maintaining and improving the ethical practice of environmental law; the administration of justice; and the development of environmental law at both the state and federal level.

(Kansas City, Mo) The Midwestern Innocence Project has received a major boost from the federal government in the form of a $287,500 grant which will advance the non-profit’s investigations of non-DNA claims of actual innocence.

NEWS RELEASE

For Immediate Release

Contact:
Suze Parker
Trozzolo Communications Group
(O) 913-685-0600
(C) 816-806-0086
sparker@trozzolo.com

Kevin Sullivan
Fisher & Phillips LLP
(O) 404-240-4248

Nationally-recognized immigration Attorney Jonathan Willmoth has opened a new firm in Kansas City.

University of Missouri—Kansas City-trained Attorney Jonathan Willmoth opened Willmoth Immigration Law, LLC in September.

FOR IMMEDIATE RELEASE
September 24, 2009

LAWRENCE – The University of Kansas Chapter of the Federalist Society is pleased to announce that Professor Teresa Collett of the University of St. Thomas School of Law will be visiting KU to speak on Tuesday, September 29. Professor Collett's presentation, entitled “Sex, Jurisprudence, and Rock and Roll,” will address the constitutionality of mandatory statutory rape reporting laws as well as other related issues.

Overland Park, KS—Tracy L. Bornman, Partner of the intellectual property (IP) law firm of Hovey Williams LLP, was recently named to the “Best of the Bar” by the Kansas City Business Journal. 2009 marks the third consecutive year, and fourth year overall, in which Bornman has earned the “Best of the Bar” honor.

Need someone to call for guidance on how to handle a difficult employee issue? An HR expert for a short-term project? An internal investigation following a claim of sexual harassment? HR One Outsourcing saw a need in providing these services and more to small companies.

Case Laws-Direct Tax Laws

From Itat

Entitlement of a Primary Co-operative Credit Society to exemption under section 80P of IT Act, 1961 -A primary agricultural co-operative credit society is not a co-operative bank and therefore, not entitled to any deduction under section 80P(2)(a)(i) as a bank; but as it is a primary co-operative credit society, it may be entitled to some deductions on the income earned by it from its transactions with its members - Sridharpur Co-operative Bank v. ITO [ITA Nos. 779 & 780/Kol/08]

Shooting RangeFOR IMMEDIATE RELEASE

CONTACT: Bryan Stevenson - 816-536-7493, bryan@dragonfamilymartialarts.com

LOCATION: Dragon Family Martial Arts & Fitness Center, 13901 E Noland Court, Independence, MO 64055

DATE: September 26, 2009

TIME: 8:00 am – 6:00 pm

All law abiding persons who feel the need to protect themselves have the right to do so now that the state government has allowed us to defend ourselves with the right to carry concealed weapons. Dragon Family Martial Arts Center is proud to sponsor the Conceal and Carry Course with Michael D. Nelson. For adults 21 and up,

Overland Park, KS—The Kansas City area-based intellectual property (IP) law firm of Hovey Williams LLP recently announced the addition of Dianne M. Smith-Misemer to its team. Smith-Misemer serves as Of Counsel.