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Corporate Trends Worth Considering

By Steven Naclerio and George Metcalfe, Jr.
February 28, 2015

Now that the first quarter of the calendar year is almost over, it is helpful to identify trends that might warrant particular attention from corporate executives and their counsel. A number of these trends will continue to be influenced by politics, in particular the unified Republican Congress and the inevitable posturing for the national elections in 2016. While the results of the 2014 midterm election called for cooperation and concrete actions by the federal government, the looming prize of the Presidency makes sustained cooperation unlikely.

Seven Key Trends

  1. The trends discussed below involve many aspects of corporate activity. Picking just seven of particular note, we highlight the following:
  2. Increased IRS attention to foreign corporate transactions and in particular corporate structures created to minimize the anticompetitive effects of worldwide taxation;
  3. Onerous litigation costs including particularly electronic discovery for smaller companies and matters for all companies which cannot support a large legal budget;
  4. The effort to curb overregulation of business in an “election year”;
  5. The increased attention to foreign investment in U.S. real property;
  6. The importance of providing more business work permits for skilled foreign workers and students;
  7. The growing importance of cyber security in the face of organized worldwide threats; and
  8. The increased attention to work life balance issues in a competitive marketplace for talent

Corporate Inversions and Taxation

Inversions and other efforts to minimize the very high rate of U.S. corporate taxation are easy political populist targets: Rich corporate interest trying to get richer, while ordinary workers have their taxes withheld each pay period.

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