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PRIVILEGE & WORK PRODUCT
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The Community-of-Interest Privilege: You Have to Walk the Walk, Not Just Talk the Talk
Practice: Professional Liability		BlogA recent decision by the Eastern District of Pennsylvania stands as a reminder that entering into a joint defense agreement is not, in and of itself, sufficient to cloak communications between two parties with the protection of the community-of-interest privilege. Instead, parties must engage in a joint, coordinated, and ongoing shared legal strategy with one another for the privilege to apply.

Weighing the Attorney-Client Privilege Against the Protection of Abused Children
Practice: Professional Liability		BlogIn an October 24, 2011, decision, the Colorado Supreme Court held that the guardian ad litem for a minor child may testify in a criminal case against the child’s accused abuser concerning the child’s statements to the guardian, even over the child’s objection that the testimony should be excluded on the basis of the child’s attorney-client privilege.

Lawyer and Client Each Fined $33,780 for Breach of Protective Order
Practice: Professional Liability		BlogGoulston & Storrs attorney, Richard Rosensweig, authors a blog post on Professional Liability.

Legal OnRamp Blog - United States v. Deloitte LLP: The D.C. Circuit Loosens the Textron Straitjacket
Practice: Professional Liability		BlogGoulston & Storrs attorney, Richard Zielinski, authored a blog post on professional liability.
RETAIL LAW ADVISOR
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An Exurban Dilemma: To Urbanize or Not to Urbanize?
Practice: Retail, Restaurant & Consumer		BlogAt its July 3rd meeting, the Loudoun County, Virginia Board of Supervisors voted to support the extension of the DC-area’s Metrorail rapid transit system into the county, a decision that the president of Loudoun’s Chamber of Commerce called “a huge investment in Loudoun’s future…important not just for our economy in the next quarter or the...

Social Media Policies:  Protection for “Water Cooler” Discussions in the Digital Age
Practice: Retail, Restaurant & Consumer		BlogAs discussed in an earlier blog post, conflict between retail employers and their employees over the use of social media platforms such as Facebook and Twitter is increasingly common. Although retail employers are well-advised to adopt social media policies to set clear expectations for their employees, these policies can become legal traps for the uninformed...

A Sign of the Times: The Increasing Popularity of Electronic Signs
Practice: Retail, Restaurant & Consumer		BlogThe writing appears to be on the [electronic] wall for traditional, static signs and billboards. An increasing number of retailers, outdoor advertising companies and business owners are discovering that electronic signs offer a more dynamic and effective way to capture the attention and, in turn, the business, of passing pedestrians and motorists. The ability to...

Do You Have Massachusetts Customers? Beware of the Data Protections Rules
Practice: Retail, Restaurant & Consumer		BlogAre you aware of the Massachusetts Data Protection regulations? You should be. Even if you are located outside of the Commonwealth of Massachusetts, you are subject to the regulations if your company owns, stores or licenses personal information about a resident of the Commonwealth. The regulations, which have been in effect since March 1, 2010,...

Where Have All the (Full-Time) Jobs Gone? Issues for Retailers with Part-Time Employees
Practice: Retail, Restaurant & Consumer		BlogAfter the technology bubble burst in the early 2000s, retailers saw an uptick of what we commonly refer to as the underemployed – employees who were overqualified whether as a result of education or experience – applying for precious few available full-time positions. In recent years, however, a new trend has emerged. The underemployed are...
TAX LAW ROUNDUP
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Tax Court Respects Related-Party Loan
Practice: Real Estate, Tax		BlogIn a significant taxpayer win, the Tax Court concluded in NA General Partnership v. Commissioner that related-party loans from a U.K. corporation to its controlled U.S. subsidiary was respected as debt, and the U.S. subsidiary was entitled to $932 million of interest deductions.  The original loans were $4 billion in fixed-rate notes and $896 million in floating-rate...

IRS REIT Guidance – Money Market Investment Treated as Cash
Practice: Real Estate, Tax		BlogThe IRS issued Rev. Rul. 2012-17, treating a money market investment by a Real Estate Investment Trust (REIT) as cash for REIT asset testing purposes.  REIT qualification requires 75% of the entity’s assets to be comprised of real estate, Government securities, or “cash and cash items”.  Industry groups including the National Association of REITs (NAREIT) and...

Proposed Regulations Require Bona Fide Loan for S Corporation Shareholder Basis
Practice: Real Estate, Tax		BlogThe IRS issued proposed regulations, allowing an S corporation shareholder stock basis for direct shareholder loans that represent “bona fide indebtedness”.  This represents a move away from the highly litigated “actual economic outlay” test and instead looks to whether the direct loan is “bona fide” based on applying more general federal tax principles to the...

U.S. REIT Act Would Update REIT Statute
Practice: Real Estate, Tax		BlogThe recently introduced US REIT Act of 2012 (H.R. 5746) would provide a series of helpful changes to the rules governing Real Estate Investment Trusts (REITs).  REITs, which achieve a single level of taxation through a dividends-paid-deduction, have strict rules to ensure that they are focused on long term investment in real estate.  The proposed legislation...

Proposed Regulations Address Section 83 Timing of Compensation
Practice: Real Estate, Tax		BlogThe IRS issued new proposed regulations on the timing of taxable compensation upon the transfer of property to a service provider (e.g., compensatory stock or partnership interest).  In general, section 83 taxes the receipt of property in connection with the performance of services “in the first taxable year in which the rights of the person...
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