December

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Don’t Let It Tell You Otherwise: You Can Depose the SEC ... Sometimes
To understand the realities of the unique challenges facing litigation with the SEC (and other governmental agencies), this article will discuss the unusually difficult task of getting a witness to testify on behalf of the SEC, pursuant to Fed. R. Civ. P. 30(b)(6).

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Don’t Let It Tell You Otherwise: You Can Depose the SEC ... Sometimes
To understand the realities of the unique challenges facing litigation with the SEC (and other governmental agencies), this article will discuss the unusually difficult task of getting a witness to testify on behalf of the SEC, pursuant to Fed. R. Civ. P. 30(b)(6).
Are You a Finder or an Unregistered Broker?
It is an issue that comes up with regularity-can you compensate the person that is facilitating a particular transaction as a finder, or is the person acting as an unregistered broker?
What’s Your Client’s Criminal Exposure on His Undeclared Bank Account?
On Jan. 9, 2012, the IRS announced its third amnesty program called the 2012 Offshore Voluntary Disclosure Program. A taxpayer with undisclosed foreign bank accounts/ assets having no need for a “stay out of jail card” would want to enter the program only if he concluded that the civil settlement under the 2012 OVDP was attractive. While there are many situations where this would be the case, in the main, the most important reason to enter the program is the amnesty from criminal prosecution.
Taxes 101: What Immigration Lawyers Should Know About Taxes
For most people, tax season has quickly drifted into memory, as refund checks have been spent and the sting of payments due has begun to wear off. But while it is reasonable for taxpayers to be concerned about taxes only in the months leading up to the April filing deadline, immigration lawyers have a year-round duty to understand how tax issues1 arise in the context of our work.
Odd Man Out? The Medical Peer Review Privilege
Every state has enacted some form of medical peer review privilege, while federal statutes extend confidentiality to the medical quality assurance records of certain agencies. Outside of specially designated “patient safety work product,” however, federal law does not widely recognize a medical peer review privilege. This gap in coverage undermines the value of the available safeguards if physicians cannot accurately predict whether their appraisals and deliberations will be subject to disclosure. To encourage realistic expectations for participants in the peer review process, counsel must recognize both the prospects and limits of protection in federal court.
A Hybrid Methodology for Seeking Attorney’s Fees in the Eastern District of Virginia’s Rocket Docket
The ability to prevail on a claim for attorney’s fees requires counsel to plan ahead early in the case. Simply winning a motion and then asking for fees will likely create problems in actually being able to present a justifiable claim. Too often, the twin barriers of poor timekeeping records and inappropriate rates block a successful claim for fees. The case law demonstrates an absolute requirement that counsel and parties understand what they will be required to prove to prevail on a fee claim at the outset of the case.
Enforce This: Forum Selection Clauses
Forum selection clauses are commonly found in both consumer contracts and contracts negotiated by sophisticated parties. The different ways in which the federal courts interpret these clauses can create confusion and unintended negative results for practitioners. Being aware of the ways in which different federal circuits interpret them, as well as the different mechanisms used to reach the court specified in the agreement can avoid surprises and headaches.
The Future of Class Arbitration: Lessons from Oxford Health Plans LLC v. Sutter
This article examines Oxford Health and what light, if any, it sheds regarding class-wide arbitration in the future.
Death of a Trial Lawyer
The Fading Future of Federal Civil Jury Trials