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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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Robots Will Reshape – Not Replace – Retail Work
Practice: Retail, Restaurant & Consumer
BlogAs we have discussed in earlier blog posts, rapid changes in the retail landscape due to the rise of e-commerce and a shift in customer’s interests from old-school, one-stop department store shopping to experiential retail, has led to a recent wave of retail bankruptcies and store closings.  The shuttered stores also mean a loss of...

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers
Practice: Retail, Restaurant & Consumer
BlogAccording to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million followers. It’s no surprise then, that retailers and advertisers are increasingly turning toward these social media “influencers” to...

The Cure For The Last Mile?  Retooling Shopping Malls as E-commerce Distribution Centers
Practice: Retail, Restaurant & Consumer
BlogIn addition to gigantic warehouses that e-commerce companies are constructing away from population centers where real estate is limited or too pricey, shopping malls and former shopping mall sites are well poised to be the newest e-commerce logistics and distribution hubs. With the deluge of vacant malls and vacant retail space in malls, landlords must...

A Changing Retail Streetscape: Rethinking Shopping Center Parking Lots
Practice: Retail, Restaurant & Consumer
BlogA recurring theme of this blog is that e-commerce, mobile devices, and evolving technology are changing the retail landscape. It seems that technology shifts are also poised to change the retail streetscape. More particularly, changes to the design and use of retail parking lots seems inevitable, and a significant opportunity, as shopper habits and preferences...

Gearing Up for MAPIC 2017
Practice: Retail, Restaurant & Consumer
BlogOur Retail Group is once again getting ready for the annual MAPIC Conference (le marché international professionnel de l’implantation commerciale et de la distribution)! For the 7th year in a row, our team is traveling to Cannes, France for the largest annual gathering of European retailers, brokers and developers.  MAPIC is one of the leading...
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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