Case Notes
September 02, 2015
Analysis of a case in which a 'missing' $20 million is at issue in two lawyers' divorce.
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
Ashley Madison Data Breach Sparks Suits
September 02, 2015
Infidelity website AshleyMadison.com and its parent company Avid Life Media Inc. have been hit with a pair of class actions in Los Angeles federal court stemming from the site's recent data breach.
Building a Vendor Management Program
September 02, 2015
Last month, we reviewed vendor selection and management, vendor score cards, and attorney involvement, particularly in-house counsel. We conclude this month with a discussion on development metrics and processes, and how to get started.
Counseling the Counselors
September 02, 2015
A variety of potential liability theories ' such as professional malpractice and breach of fiduciary duty claims ' may be pursued against in-house counsel by the corporation, its shareholders, and members of the public, as well as by governmental authorities. Here's what you need to know.
Tackle Billing Now to Avoid a Year-End Surprise
September 02, 2015
Attorneys rarely think about billings and collections in the summer or early fall. Instead, those are topics often left to the year-end collections push. By waiting, however, attorneys lose money, assume risks and otherwise miss important red flags for potential problems that can be avoided or resolved.
Buyout Funding and Death Benefits
September 02, 2015
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.
The Evolution Between Outside and Inside Counsel
September 02, 2015
In this article, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more.