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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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Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses
Practice: Retail, Restaurant & Consumer
BlogE-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase, and to receive their items in a short one to two day window. While there is significant growth in the online shopping market, high shipping...

The Future of Urban Retail: A Business Real Estate Roundtable
Practice: Real Estate, Retail, Restaurant & Consumer
BlogAs the competitive retail marketplace continues to shape itself, we take an active role monitoring trends and uncovering the legal ramifications.  This week, we are pleased to share Crain’s New York Business Real Estate Roundtable. In this piece, the discussion centers on The Future of Urban Retail. Our partner and leader in New York real...

Give Me a Break: Break Me Off a Piece of That…Meal Kit?
Practice: Retail, Restaurant & Consumer
BlogShort on time and patience, consumers are jumping on the bandwagon of meal kits and meal kit delivery services, which have taken the retail food industry by storm.  Meal kits and meal kit delivery services – such as, Plated, Blue Apron, HelloFresh and Purple Carrot – are all the rage these days primarily due to...

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case
Practice: Retail, Restaurant & Consumer
BlogMarijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became effective in December 2016 explicitly notes that employers retain their authority to implement policies and practices restricting employees’ use of marijuana,...

To Tax or Not to Tax Internet Retailers, that is the Question
Practice: Retail, Restaurant & Consumer, Tax
BlogSince the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us! This disparity is largely the result of a 1992 US Supreme Court decision, Quill Corp. v. North Dakota, in which SCOTUS found that a business...
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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