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Commercial Law

  • Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.

    September 02, 2015Lawrence L. Bell
  • This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.

    September 02, 2015Alan Friel
  • The electronic format that electronically stored information is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.

    September 02, 2015Helen Geib
  • The reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.

    September 02, 2015Andrew E. Greenberg
  • Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"

    September 02, 2015William O'Brien
  • Federal Circuit: District Courts Must Address Intel Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings
    Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' Determination

    September 02, 2015Jeffrey S. Ginsberg
  • Early on in 2015, pundits were already predicting that the extent and number of data breaches from 2014 would severely pale in comparison to those that would occur in 2015. Inevitably, people across the country, victims, media, members of government, and even litigious-minded attorneys, are scrambling to determine what legal recourse exists to not only retroactively seek retribution, but also proactively enforce data security methods ' a task that is still at its nascent stages of development.

    September 02, 2015Stephen Treglia