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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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Looking Inside the Mind of a Gen Z Shopper
Practice: Retail, Restaurant & Consumer
BlogAs the 2017 holiday season nears, consumers are getting ready to open their wallets and retailers are hoping their promotions will attract those consumers. Generation Z (“Gen Z”), which includes young people born in the mid-1990s to mid-2000s, is an important but often forgotten portion of the consumer population. There are about 2.5 billion Gen...

New Experiences, New Retail Opportunities
Practice: Retail, Restaurant & Consumer
BlogDespite all of the noise about the rise of e-commerce and omni-channel distribution and the demise of brick-and-mortar, 85% of retail sales are still made in physical stores, and physical stores will continue to be at the core of retailers’ efforts to enhance their brands and drive sales. That said, in light of the increased...

2017 ICSC US Shopping Center Law Conference
Practice: Retail, Restaurant & Consumer
BlogSan Antonio was host to this year’s ICSC US Shopping Center Law Conference, which occurred from October 25 through October 28, 2017. In-house counsel, counsel from outside law firms, tenant’s lawyers, landlord’s counsel, paralegals, lease administrators and others involved in the retail business came together to discuss the changes occurring in the retail industry. Attendance...

Surprises For International Retailers Coming to the USA
Practice: Retail, Restaurant & Consumer
BlogWe are all aware that stateside landlords long for that new, fresh idea—something they can show off at their mall or street location and that can’t be found in every mall in every city in the country. Successful international retailers are aware of this potentially lucrative avenue to increase revenues. USA demographics are incredibly enticing....

Medtail: Why Your Doctor Is Treating You in a Strip Mall
Practice: Real Estate, Retail, Restaurant & Consumer
BlogThe retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors.  However, despite the “doom and gloom” we generally see in headlines, retail has actually remained stable and, in fact, is thriving in certain sectors. According to a recent...
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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