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Challenges For In-House Counsel In Multinational Corporations: Preserving The Attorney-Client Privilege In The Aftermath Of Akzo Nobel Chemicals Ltd. v. European Commission
As businesses go global, the nature and scope of what constitutes a "privileged communication" between in-house counsel and a corporate client is being put to the test. Of particular interest to a multinational corporation is whether communications between U.S. in-house lawyers and...
Read More"Tax Amnesty" Is Still An Option: IRS Offers A "Second Chance" To Taxpayers With Undeclared Foreign Accounts And Holdings
On January 26, 2011, the IRS "moved East" in its attack on foreign banks and their U.S. customers with undisclosed offshore accounts. The Department of Justice indicted Vaibhave Dahake, an Indian-American businessman in New Jersey, for conspiring with several bankers at an "...
Read MorePatent Law Reform Offers Many Benefits If You Know How To Navigate The New Provisions
Editor: Phil, please describe your practice. Braginsky: I co-chair the Intellectual Property Practice Group at Sills Cummis &Gross. Our group consists of attorneys like me who are involved in patent and trademark prosecution, transactions that involve intellectual property, and patent,...
Read MoreThe Nuts And Bolts Of Credit Bidding: A Primer For Traditional Lenders And Distressed Debt Investors
What is credit bidding? Distilled to its most basic level, Section 363(k) of the Bankruptcy Code gives a secured creditor the right to use up to the full amount of the debt owed to the secured creditor by the debtor as currency in a bankruptcy auction sale of the collateral securing the debt owed...
Read MoreE-Discovery Takes A Turn - Charting The Course To Discovery From Social Networks
For many Americans, social networking is their primary source of connection and communication. Statistics confirm that as social networking increases, the use of individual email dramatically declines.1In order to conduct comprehensive discovery, information transmitted through social networking...
Read MoreNew Jersey Courts Place Roadblocks On Lenders' Ability To Enforce Mortgage Documents
New Jersey courts have started clamping down on lenders' ability to enforce mortgage documents by raising concerns when the lender cannot establish that it possesses the original note at the time a foreclosure action is commenced or that it is a holder in due course under the Uniform Commercial...
Read MoreThe FTC's "Beefed Up" Definition Of Competent And Reliable Scientific Evidence And POM's Counter-Offensive
Perhaps the quickest way to draw FTC scrutiny is to tout the health or disease prevention benefits of a dietary supplement or food product. The FTC has recently gone after Kellogg Company for claims that its Frosted Mini-Wheats®cereal improved kids' attentiveness and that its Rice Krispies®cereal...
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