BLT: February 2016

 

Articles

Practice Management

The “Doers’” Perspective: Fully Deploy the Integrative Law Model

The fact is that very few people take the initiative to actually do something about chronic problems in our industry. Allen calls those in that minority the “doers.” The doers have determined the issue to be this: Times have changed and the legal model needs to be reshaped to appropriately address today’s challenges, which are just as much about business issues as they are legal matters.

Taxation

Dig into the New Partnership Tax Rules

The stodgy world of partnership audit and tax collection is headed for a seismic change! Get ready to say bye-bye to the current Tax Equity and Responsibility Act of 1982 and Electing Large Partnerships rules and hello to Title XI Revenue Provisions Related to Tax Compliance of the Bipartisan Budget Agreement. The BBA establishes new streamlined default rules for both the examination of partnership returns and for the collection of partnership taxes. These new rules target complicated partnership ownership structures (e.g., partnership interests held by flow through entities other than S-Corporations), by allowing the IRS to collect taxes from the partnerships.

Business & Corporate

Online Use of Third Party Trademarks: Can Your Trademark Be Used without Your Permission?

The article addresses the unauthorized use of a trademark belonging to another person or entity on the Internet, such as use of the mark in a domain name, in online ads, on websites, blogs, or in social media. The unauthorized online use of another’s trademark can constitute cybersquatting or cyberpiracy, trademark infringement, trademark dilution, and/or false advertising, and it may violate a social media platform’s terms of use. However, such online use may qualify as fair use, a doctrine that first developed as case law and that has been incorporated into separate provisions of the federal Lanham Act.

Business & Corporate

The Iran Deal and OFAC Regulations: What to Tell Clients about Potential Liability

Future relief for Iran from some U.S. and UN economic sanctions has been in the news since the July 14, 2015, conclusion of the Joint Comprehensive Plan of Action, signed between Iran and the G-5 +1 group. With the JCPOA and the still-outstanding Joint Plan of Action, the devil is in the details. Many economic sanctions statutes, regulations, and executive orders will continue to govern transactions with Iran after the implementation date, likely some time in 2016.

Environment

Practical Considerations for Environmental Due Diligence in a Competitive M&A Market

With increased competition for M&A deals likely to continue through 2016 and potentially accelerate further, a focused, well-organized and adaptable plan for environmental due diligence is value added in supporting a prospective buyer’s bid and protecting the buyer’s interests in the transaction. A thoughtful environmental due diligence plan can also help buyers ensure that diligence is conducted in an efficient manner and is tailored to the particular deal, target company, and client’s goals. The article discusses several approaches to structuring environmental due diligence for corporate transactions.

Departments

Business & Corporate

ETHICS CORNER: Ethics of Practice for Government Agency Counsel

Much has been written about the ethical duties of private practitioners since Judge George Sharswood delivered his lectures at the University of Pennsylvania in the 1850s and the ABA developed the Canons of Ethics in 1908. Less, but still a fair amount, has been written about the ethical obligations of prosecutors. Very little, however, has been written about the ethical obligations of agency counsel (including both executive agencies and so-called independent agencies), or, for that matter, other agency personnel who are lawyers – yet it is in agency roles that some of the most vexing questions may arise.

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Barbara Mendel Mayden

For over 35 years, Barbara Mendel Mayden has been active in the American Bar Association. If you can think of a position, she’s probably held it. In addition to chairing the Section of Business Law, she has served on the Board of Governors (twice), the Executive Committee, Chair of the Board’s Operations Committee, the House of Delegates, Chair of the Young Lawyers Division, and as a charter member of the Commission on Women in the Profession, as well as the Commission on Minorities in the Profession, to name just a few prominent positions. In 1998, she received the Business Law Section’s “Glass Cutter Award,” honoring her work in cutting through barriers and achieving in business law.