Deals At Risk: Textron Opens Door to IRS Discovery of 'Tax Accrual Workpapers'
October 29, 2009
SILOs underlie a confrontation between a taxpayer and the IRS in the new First Circuit case of <i>United States v. Textron Inc.</i> But that decision was not just about the legality or taxing of such leases. Rather, it has grave consequences on a far more sweeping issue: the inability of taxpayers to shield from disclosure so-called "tax accrual workpapers," documents typically prepared by in-house tax attorneys that set out in detail sensitive areas of tax liability.
Revised FTC Guidelines: Blogger Beware
October 28, 2009
Regular readers of blogs and other Internet-based sources of news and information know it's not unusual to see product reviews in these virtual venues. While the reviews sometimes appear to be careful, impartial journalism, other times the writer seems just a bit too enthusiastic about the post's subject matter. Of course, readers have good reasons to question just how impartial the authors of these reviews might be.
Location, Location, Location
October 28, 2009
Today, no business starts without planning its Web site and online strategy. But is the same attention given to the choice of the Web site host as to the more exciting aspects of the site design? For example, you should not choose your host on price alone, as a commodity purchase. Instead, you should consider other factors, just as in choosing any vendor or business partner.
e-Commerce Best Practices
October 28, 2009
This article addresses how e-commerce companies can get a handle on managing organizational information, and outlines processes for retaining and managing key business information that could be salient in legal proceedings, regulatory matters or compliance issues.
The FTC's New Endorsement Guides
October 28, 2009
The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
The Challenge of e-Discovery Search
October 28, 2009
To many, the mention of search in the context of finding electronic records in response to litigation conjures up thoughts of legal research or searching the Web. True, you would not look for responsive documents in those places, but it is tempting to use the same search techniques for locating electronic evidence. Actually, constructing searches for finding electronic evidence is a lot harder. Many factors contribute to the complexity of e-discovery search.
Understanding the Doctrine of Informed Consent
October 27, 2009
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
Case Notes
October 26, 2009
Recent rulings of interest to you and your practice.
Plug Pulled on Live Video Testimony
October 26, 2009
Some important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of <i>People v. Wrotten</i>, amply reflects some of the tensions. While <i>Wrotten</i> is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
Significant Class Action Win for the Pharmaceutical Industry in Quebec
October 26, 2009
On Aug. 17, 2009, in <i>Goyette v GlaxoSmithKline, Inc.</i>, Justice the court ruled in favor of the respondent GlaxoSmithKline Inc (GSK), dismissing a motion for authorization to institute a class action made by the petitioner on behalf of all persons residing in Canada who allegedly experienced dependency and withdrawal problems as a result of using the antidepressant Paxil.
