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PRIVILEGE & WORK PRODUCT
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Upon Reconsideration: The Value of Refining Your Claims of Attorney-Client Privilege
Practice: Professional Liability		BlogThe 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 Privilege
Practice: Professional Liability		BlogSometimes 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 Broker
Practice: Insurance, Professional Liability		BlogWhich 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
Practice: Professional Liability		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.

Federal Circuit Declines to Adopt Settlement Negotiation Privilege
Practice: Professional Liability		BlogAlthough litigants sometimes assert that settlement negotiations are privileged under Rule 408 of the Federal Rules of Evidence, the Rule creates no such privilege.
RETAIL LAW ADVISOR
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Revisions to the Family and Medical Leave Act Require Policy Changes and New Posting Obligation
Practice: Retail, Restaurant & Consumer		BlogEmployers routinely are asked to consider requests by employees to take leave pursuant to the Family and Medical Leave Act of 1993 (FMLA). Determining whether an employee is eligible for such leave is usually straightforward: (1) the employee must have been employed for at least a total of 12 months before the leave begins; (2)...

Review Your Retail Company’s Existing Business Interruption Insurance to Ensure Proper Coverage
Practice: Insurance, Retail, Restaurant & Consumer		BlogWe welcome our affiliate, Fort Hill Risk Management LLC, as a guest blogger for today’s post. It is our hope that this advisory may help retailers address insurance issues in the wake of the Boston Marathon tragedy and other disruptions. The bombings at the Boston Marathon have been extraordinarily difficult for individuals and businesses alike. The...

New Consumer Privacy Decision by the MA Supreme Court Requires Retailers' Attention and Review of Their Data Collection and Use Policies for Consumers’ ZIP Codes
Practice: Retail, Restaurant & Consumer		BlogWe’ve all had the experience of being asked for our ZIP code when making a purchase. Collecting this information at point of sale or otherwise has been a common and growing practice among retailers. However, a recent decision by the Massachusetts Supreme Judicial Court (“SJC”) in Tyler v. Michaels Stores, Inc. on March 11, 2013...

Recent Decisions Potentially Expand Scope of Landlords’ Bankruptcy Claims Beyond the Rent Cap
Practice: Bankruptcy & Restructuring, Retail, Restaurant & Consumer		BlogWhen a tenant files for bankruptcy and rejects its lease, the Bankruptcy Code limits a landlord’s rejection claim to the amount of any unpaid rent and rent-related charges accrued prior to the tenant’s bankruptcy plus future rent and rent-related charges (e.g., common area maintenance charges, real estate taxes) reserved under the lease (without acceleration) for...

For Purveyors of Medical Marijuana, Siting Dispensaries Gets Easier in Massachusetts, and Federal Tax Concerns Begin to Settle
Practice: Retail, Restaurant & Consumer		BlogSome retail landlords in Massachusetts will welcome medical marijuana treatment centers as tenants by the end of the year, and treatment center operators have recently had some good news regarding local land use and federal tax regulation of medical marijuana. Although many state governments are easing the path towards legalizing marijuana for medicinal use, local...
TAX LAW ROUNDUP
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Model Notices Released for Health Care Exchanges and COBRA
Practice: Real Estate, Tax		BlogThe government just announced the release of two new model notices for employers relating to the upcoming health care exchange requirements. Health Care Exchange Notice One of the requirements of the Affordable Care Act for employers is to provide all employees with a notice about the new health care exchanges.  The notice is required for all...

Senate Finance Issues Economic and Community Development Tax Reform Paper
Practice: Real Estate, Tax		BlogThe Senate Finance Committee issued a tax reform option paper on Economic and Community Development.  This is their sixth tax reform option paper.  An outline of the reform options are as follows: 1.         HOUSING A.        Gradually repeal the mortgage interest deduction B.        Limit the mortgage interest deduction C.        Convert the mortgage interest deduction to an...

Senate Finance Committee Launches Tax Reform Website to Solicit Comments
Practice: Real Estate, Tax		BlogSenate Finance Committee Chairman Max Baucus (D-Mont.) and House Ways and Means Chairman Dave Camp (R-Mich.) teamed up to launch TaxReform.gov, a new website dedicated to obtaining input from the American public on tax reform.  The website is developed in partnership with the Joint Committee on Taxation, and will serve as a platform for the...

Senate Finance Issues International Tax Reform Paper
Practice: Real Estate, Tax		BlogThe Senate Finance Committee issued a tax reform option paper on international competitiveness.  This marks their fifth tax reform option paper.  An outline of the reform options are as follows:     REFORM OPTIONS  I. BASE EROSION AND DEFERRAL 1. Tighten anti-base-erosion rules and reform the treatment of non-subpart F earnings 2. Strengthen the subpart F rules 3. Repeal...

IRS Finds Non-Grantor Trust Passive Under Section 469 – Trustee Cannot Count Non-Fiduciary Activities
Practice: Real Estate, Tax		BlogIn TAM 201317010, the IRS held that a non-grantor trust can satisfy the passive activity material participation standard only through the activities of its trustees, acting in their fiduciary capacities as trustees of the trust.  The IRS rejected Texas district court holding in The Mattie K. Carter Trust, which held that the activities of all...
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