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PRIVILEGE & WORK PRODUCT
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The Attorney-Client Privilege in the Age of Email ProliferationBlogHow does email fit into the Attorney-Client Privilege picture?  A recent decision by the Massachusetts Supreme Judicial Court offers a cautionary tale.

Upon Reconsideration: The Value of Refining Your Claims of Attorney-Client PrivilegeBlogThe electronic world in which today's lawyers toil has both dramatically increased the volume of documents (read: emails) that must be reviewed and produced to the other side, and provided nifty platforms and systems for speeding up the review and production process. Today's lawyers can move through hundreds of thousands....

Appeals Court Rejects Bright Lines, But Offers Clarity on Law Firm PrivilegeBlogSometimes the law firm is the client. But when it seeks advice from its own in-house general counsel or from outside counsel in connection with a malpractice claim, the law firm may have more trouble than others in protecting its privileged communications.

Disclosure of Privileged Information Waived by Disclosure to Insurance BrokerBlogWhich is stronger, the attorney client privilege or work product protection? Many would say that attorney-client privilege is more secure and easier to defend than work-product because the privilege is absolute.

Court Recognizes that Firm’s Privilege Protects Communications with Counsel About Malpractice Claim BlogIn a recent decision, the Appellate Court of Illinois held that a law firm’s attorney-client privilege protects its communications with its own in-house and outside counsel related to a malpractice claim threatened by the firm’s former client, even though the communications took place while the law firm still represented the client.
RETAIL LAW ADVISOR
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Supreme Court Says ‘Give Me a ©’ to the Fashion Industry
Practice: Retail, Restaurant & Consumer
BlogA recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the “useful article” upon which they are...

The Rise of Concierge Retail
Practice: Retail, Restaurant & Consumer
BlogRetailers have always had to balance a number of different competing factors in order to stay competitive, including location, marketing and convenience. As discussed in this space, in today’s market, many retailers are employing an omni-channel retail strategy, making their items available for purchase through multiple channels, such as in-store, online and via smartphone devices....

Tip Pooling by Restaurant Owners-Remains in Flux
Practice: Retail, Restaurant & Consumer
BlogRestaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where back-of-house employees are included in such tip pooling arrangements. The Fair Labor Standards Act (FLSA) allows employers to fulfill part of their federal minimum...

End Of An Era Or Simply a Moment In Time?
Practice: Retail, Restaurant & Consumer
BlogWhat conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate?  A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary stratospheric levels? Analysts claim that rents in the retail sweet spot of Madison Avenue between 57th and...

How Grocery Stores Are Starting to Cash in on the Blue Apron Trend
Practice: Retail, Restaurant & Consumer
BlogThe Rise of the Gourmet Home Chef Boxed meal delivery services like Blue Apron and Plated have steadily risen in popularity since they entered the market in 2012. Meal kit delivery services offer consumers a no-hassle way to cook meals at home, without having to find recipes, plan meals, or go grocery shopping. Instead, each...
TAX LAW ROUNDUP
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New Basis Reporting Requirements for Executors and Beneficiaries
Practice: Charitable Planning, Estate Planning & Administration, Private Client & Trust, Tax, Trust Administration & Investment Services
BlogRecent federal legislation adds fresh compliance burdens to an old concept in federal tax law: the step-up in tax basis of appreciated property at death.  New reporting requirements will apply to estates required to file a federal estate tax return after July 31, 2015 and are effective beginning June 30, 2016. Executors and beneficiaries who do...

IRS Releases FY 2017 Green Book Revenue Proposals
Practice: Real Estate, Tax
BlogIt’s that time of year when the President releases his annual wish list of tax revenue proposals, also known as the “Green Book”.  The 2017 Green Book includes many familiar items such as taxing Carried Interests as ordinary income, capping certain itemized deductions by individuals at a 28% tax rate benefit, and broad-based international tax reform. ...

Temporary Regulations Address Allocation of Creditable Foreign Tax Expense
Practice: Real Estate, Tax
BlogThe IRS published temporary and proposed regulations on allocations of creditable foreign tax expenditures (CFTEs).  The regulations make various technical changes to the existing regulatory safe harbor for allocating CFTEs.  The regulations are effective on February 4, 2016. The existing regulations provide special rules for foreign tax expense allocations when those expenses are eligible for...

IRS Concludes Upper-Tier Disregarded Entity is Continuation of Historical Partnership
Practice: Real Estate, Tax
BlogThe IRS favorably ruled that an internal partnership restructuring was essentially a “nothing” for tax purposes even though the transaction moved the tax-regarded partnership to a different state-law entity.  Specifically, in PLR 201605004, the IRS privately ruled that an upper-tier disregarded entity succeeded to the partnership status of a lower-tier tax partnership when the second...

Senate Passes Extenders Legislation – Moves to President for Signature
Practice: Tax
BlogToday the Senate voted 65-33 to pass the Extenders bill (H.R. 2029) and it moves to the President where it is expected to be signed.  As discussed in more detail in yesterday’s blog, the legislation makes permanent or creates an extended life for many take breaks that have been annually renewed, or “extended” for many years.  From...
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