Tax

Calif. Appellate Ruling May Trigger More Citizen Tax Initiatives

A California Court of Appeal's recent decision in the Matter of Proposition C allowed special taxes proposed by voter initiative to pass with a simple majority, narrowing the previous supermajority requirement, which will likely lead to an increase in tax initiatives proposed and passed by citizen groups, say Mike Shaikh and Nicole Ford of Baker McKenzie.

Lesser-Known Litigation Funding Best Practices For Attorneys

Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

Canadian Tax Ruling Boosts Cross-Border Deal Confidence

The Queen v. Cameco Corp., a recent Canadian appellate decision and the first case to test Canada's transfer pricing recharacterization rules, has significant implications for cross-border intragroup transactions and the intersection of Canadian tax law with the Organization for Economic Cooperation and Development’s guidance, says Matt Billings at Duff & Phelps.

Opinion

ADA Protects Lawyers With Disabilities, But We Must Do More

As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

Perspectives

Legal Deserts Threaten Justice In Rural America

Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

Analyzing Upward And Downward Trends In Legal Tech

Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

Opinion

Congress Should Revisit CARES Act Tax Provisions

To bolster the Coronavirus Aid, Relief and Economic Security Act, Congress should consider provisions that accelerate tax refunds for net operating losses and abrogate flawed IRS Paycheck Protection Program guidance that undermines prior stimulus legislation by eliminating loan recipients' tax deductions, says Joseph Mandarino at Smith Gambrell.

Opinion

ABA's New Guidance On Litigation Funding Misses The Mark

The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

Regulatory Concerns For US Cos.' Offshore Service Centers

As more U.S. companies open and use offshore service-delivery centers amid the pandemic, assessment of important tax, intellectual property, cybersecurity and employment considerations can help mitigate regulatory risk and maximize the company's return on investment, says Sonia Baldia at Baker McKenzie.

What Firms Should Ask Before Hiring Attorneys From Gov't

In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

Ohio Tax Talk: Rethinking The Work-From-Home Tax

A recent lawsuit challenging Ohio’s new law that taxes employees working from home during the coronavirus state of emergency as if they were working at their old workplaces demonstrates that municipal income tax methods will need to evolve, says Christopher Tassone at Frost Brown.

The Ethics Of Using Chatbots For Legal Services

Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

Key Tax Considerations For Cos. With Remote Employees

As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

Tax Court Ruling Highlights Importance Of Formula Clauses

The recent Tax Court decision in Nelson v. Commissioner — a case involving transfer of interests in a family business — reflects that the intent of donors is only as strong as the precise language in the formula clause, say Carsten Hoffmann and John Ashbrook at Stout Risius and Eric Bardwell at Jeffer Mangels.

Opinion

ABA Must Seize Opportunity To Respond To Bar Exam Chaos

The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.