Foreign Account Tax Compliance Act-IRS

 FATCA Information Updated on Web Site


The FATCA web pages have been redesigned and updated. Additions include a  new landing page for US financial institutions  that  addresses  their FATCA responsibilities. Another new page provides information for governments interested in Intergovernmental Agreements (IGAs).  A link for the FATCA registration website will be added  in August, when the registration system opens.

More here.



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NSA Sued by Churches, Gun and Digital Rights Groups Over Phone Surveillance

NSA Sued by Churches, Gun and Digital Rights Groups Over Phone Surveillance by FindLaw


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Snowden leak: Microsoft added backdoor for Feds • The Register

There are red faces in Redmond after Edward Snowden released a new batch of documents from the NSA‘s Special Source Operations (SSO) division covering Microsoft’s involvement in allowing backdoor access to its software to the NSA and others.

Documents seen by The Guardian detail how the NSA became concerned when Microsoft started testing, and asked for access. In five months Microsoft and the FBI created a workaround that gives the NSA access to encrypted chats on The system went live in December last year – two months before’s commercial launch. Those Outlook users not enabling encryption get their data slurped as a matter of course, the documents show. “For Prism collection againstHotmail, Live, and emails will be unaffected because Prism collects this data prior to encryption,” an NSA newsletter states.

Read entire Register report here.



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Wireless Emergency Alerts on the iPhone–iPhone J.D.

Jeff Richardson explains everything you need to know about:

The WARN Act and WEA

Title VI of PL 109-347 (Oct. 13, 2006) is titled the Warning Alert and Response Network Act, sometimes called the WARN Act.  The WARN Act, in 47 U.S.C. § 1201, gives the FCC the authority to adopt standards for cell phone companies to transmit emergency alerts.  Participation by cell phone companies is voluntary — they don’t have to participate — but if they do, the law states that cell phone companies may not impose an additional charge for such alerts.  47 U.S.C. § 1201(b)(2)(C).

Pursuant to the WARN Act, the FCC worked with FEMA to create a program called Wireless Emergency Alerts (WEA).  The system was based on the existing Emergency Alert System (EAS), which are the warnings that you get on a television and radio when there is a weather or other emergency.

Alerts are sent to cell towers providing wireless service to a target geographical area, and then all WEA-capable phones using those cell towers receive the alert.  Thus, you will receive an alert if you are in a targeted area even if you are just visiting that area.


(Sorry-only 4s and newer)

Read the entire article here.

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New Guide for Judges in Expanding Area of International Arbitration-US Courts

A new guide on international commercial arbitration (pdf) written for U.S. federal judges is now available online. In less than 100 pages, it offers a practical overview of a complicated area of law that has become the preferred means of resolving cross-border business disputes.

Stacie Strong, a 2012-2013 Supreme Court Fellow working with the Federal Judicial Center, wrote the guide prior to beginning her fellowship year. Strong brought her unique background to the topic; she is not only a law professor at theUniversity of Missouri, she also has practiced international commercial arbitration for a number of years in the U.S. and in England, and is dual-qualified as a U.S. lawyer and an English solicitor.

Read the full story.

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“Cybercrime and Cyberlaw – What Every Lawyer Should Know” NDNY-Federal Court Bar Ass’n

CLE Program
“Cybercrime and Cyberlaw – What Every Lawyer Should Know”
Monday, August 26, 2013
10:00 a.m. – 11:50 a.m.
Mohawk Golf Club, Schenectady, New York
Recent developments and revelations in the news have highlighted the threats posed to American Businesses from a range of cyber-dangers – from data spills to state-sponsored economic espionage. Yet beyond attention grabbing headlines there is scant analysis to put this problem in context and to provide concrete analysis and solutions to these seemingly amorphous issues. Every company holds data. And every company uses computers.(Even law firms!) But what are the key laws and regulations that every lawyer should be aware of to protect their clients and their Firms.
These topics will be evaluated by Joseph V. DeMarco of the law firm of DeVore DeMarco, LLP. Drawing on his experience in private practice and as the founder and head of the Cybercrime Unit at the U.S. Attorney’s Office for the Southern District of New York from 1997-2007. Mr. DeMarco will address in a clear and non-technical manner:
Recent developments and revelations in the area of data spills, computer hacking, and cyber-espionage;
Key criminal and civil laws that apply to these phenomena;
What to do – and not to do — in the face of new and evolving cyber-threats to businesses, their systems, and their IP;
The impact of the President Obama’s recent Cybersecurity Executive Order on American business; and
How leading businesses address these threats, and what you and your clients can learn from them.
Registration for CLE Program to follow.
Golf Outing
Monday, August 26, 2013
Annual NDNY FCBA Golf Event
Mohawk Golf Club, Schenectady, New York
Shine up your clubs and join us on Monday, August 26, 2013 for theAnnual NDNY FCBA Golf Event with the Federal Judiciary at the
Mohawk Golf Club, 1849 Union Street, Schenectady, New York. Please see link:  Mohawk Golf Club
Lunch will begin at noon followed by a 1:00 p.m. shotgun start.Cocktails
will be served at 6:00 p.m. with a buffet dinner at 7:00 p.m. Invitation and
registration to follow.
Tentative Calendar of events
9:30 a.m. CLE Registration
10:00 – 11:50 a.m. CLE Program
12:00 p.m.  BBQ Lunch and Golf Registration
1:00 p.m. Shotgun Start
6:00 p.m. Cocktails
7:00 p.m. Buffet Dinner
NDNY Federal Court Bar Association, Inc.
(315) 422-2799

NY Appellate Court Finds Denial of Subdivision Was Timely and Not an Abuse of Discretion


Following a subdivision application by the owner of a 2.974-acre lot in the Village of Deposit that is also in the counties of Broome and Delaware, the Village Planning board issued a positive declaration under the State Environmental Quality Review Act and required the applicant to submit a draft environmental impact statement. Following litigation and a remand to the board, the board ultimately issued a negative declaration and then denied the applicant’s proposed subdivision request.  The applicant appealed again and the matter was transferred to the appellate court.

The court disagreed with petitioner’s argument that the subdivision denial was untimely and therefore should have been a default approval.  The court reviewed Village Law 7-728 and noted that when the planning board determines that an environmental impact statement is not required, it must hold a public hearing on the application within 62 days of the submission of the complete preliminary plat…

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