Federal

Bill To Ax Church Politics Ban Reignites Free-Speech Debate

Stephen K. Cooper
Editor-at-Large

More than a dozen congressional Republicans support what they characterize as free-speech legislation to overturn a 1954 tax law barring churches from endorsing candidates, despite warnings from some lawmakers and others that it could weaken church-state separation and flood politics with a new source of dark money.

Trump's Tariff Reprieves Buy Lawyers Time To Strategize

Dylan Moroses

President Donald Trump's expanded tariff exclusion for electronic goods from China and the pause on higher rates for all countries except China gives lawyers an opportunity to seek mitigation solutions for importers, but the moves do little to create long-term business certainty.

IRS-ICE Info Pact Lacks Needed Safeguards, Experts Say

Kat Lucero

The IRS recently agreed to share confidential tax return data with immigration enforcement agencies for criminal proceedings, saying the agreement complied with privacy laws, but tax and privacy experts said they had concerns that the deal was vague and lacked safeguards to ensure the information is lawfully used.

E-Discovery Quarterly: The Perils Of Digital Data Protocols

Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

Maximizing Exemptions Before TCJA Rides Into The Sunset

Excerpt from Practical Guidance

Individuals with taxable estates can optimize the benefits of estate planning strategies like spousal lifetime access trusts by setting them up before increases in estate and gift tax exemptions under the 2017 Tax Cuts and Jobs Act sunset in January, say attorneys at Katten.

A Cold War-Era History Lesson On Due Process

The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

How BigLaw Executive Orders May Affect Smaller Firms

Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

How To Accelerate Your Post-Attorney Career Transition

Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

Tariffs And FCA Create Perfect Storm For Importers

The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.

US Reassessment Of OECD Tax Deal Is Right Move

The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.

Measuring And Mitigating Harm From Discriminatory Taxes

In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.

Adapting To Private Practice: From DOJ Leadership To BigLaw

The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

How The CRE Industry Is Adapting To Tariff Uncertainty

Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.

Law Firm Executive Orders Create A Legal Ethics Minefield

Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.