Last year's November issue of A&FP editorialized against the IRS practice that is corrected, at least prospectively, by this legislation. As noted in that editorial, even the IRS's own Taxpayer Advocate supported such a correction. Passage of the new Act supports the argument that double taxation of contingency fees in such cases had never been the intent of Congress. Employment law and civil rights plaintiffs who previously held back from pursuing modest claims to avoid catastrophic income tax consequences are now free to proceed with such actions.
- November 01, 2004Tony Mauro
The New York Court of Appeals has an opportunity to adopt ' or categorically reject ' the Farrar standard on attorney fees.
November 01, 2004John CaherThe greatest, and perhaps the most frustrating challenge with which effective leaders of law firms must deal is the approach to follow to provide leadership to their firms. Central to this conflict is whether to lead by consensus or decree. Astute leaders achieve the appropriate balance of building consensus among the partners versus managing as an autocrat.
November 01, 2004Joel A. RoseIn early October, Congress passed the American Jobs Creation Act of 2004 (Bill). President Bush is expected to sign it shortly. The Bill includes a number of tax breaks and is primarily directed toward ending export subsidies that were declared illegal in 2002 and that caused the European Union to impose tariffs on certain imports from the U.S.
In addition, the Bill includes provisions affecting deferred compensation that have been described as a "sea change" by senior government officials.November 01, 2004Michael J. Collins and Amber T. BusuttilPartners at Gray Cary Ware & Freidenrich and Piper Rudnick voted to merge the two firms in mid-October, creating a firm with close to 1400 lawyers in 20 offices and setting the stage for an even larger combination later this year.
November 01, 2004Marie-Anne HogarthSome may wonder why a partner in a major law firm is going to tell you how to save money on litigation legal expenses. The answer is simple. My job, first and foremost, is to obtain the best possible result for my clients. In my view (and the view of my colleagues), achieving the best result includes cost efficiency and cost effectiveness. Over the course of 18 years, I have had a front row seat to a wide range of client approaches to managing ' or not managing ' legal fees.
November 01, 2004Brenda M. CotterRecent rulings across the country.
November 01, 2004ALM Staff | Law Journal Newsletters |For laypersons and lawyers alike, the trial of Martha Stewart last winter was irresistible legal theater. But if, between all the discussions of Ms. Stewart's courtroom attire and lunchtime dining habits, you missed seeing how the district court and Second Circuit wrestled with the issue of media access to jury selection, you may want to give ABC, Inc. v. Stewart, 360 F.3d 90 (2d Cir. 2004) a read.
November 01, 2004Jefferson M. GrayThree recent cases involving government inquiries provide sobering lessons about electronic evidence to corporations and their lawyers. The most notorious, U.S. v. Arthur Andersen, LLP, resulted in criminal convictions. Another, In the Matter of Banc of America Securities LLC, involved SEC enforcement action. The third, United States v. Philip Morris, arose in a Department of Justice civil suit. If nothing else, the cases demonstrate that corporations exposed to such investigations must implement effective and well-maintained information management systems.
November 01, 2004Andrew P. Gaillard

