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If your client operates a business through a Family Limited Partnership, professional responsibility requires that you apprise them of possible changes on the horizon that could substantially affect these entities’ tax exposure. This is big news for high net-worth families who have successfully utilized the Minority Interest Discount to reduce estate taxes for the next generation. But how do you break the news to your rich clients? In a Nutshell The very wealthy have access to methods that allow a significant reduction in estate taxes to their children and descendants....

In a capital habeas matter, the denial of the petition is affirmed where: 1) the state court of appeals reasonably found that defense counsel thought the penalty phase strategy would involve both mitigation and residual doubt; 2) defendant and the state had the opportunity to present the state habeas court with their version of the facts; 3) the state habeas court did not unreasonably find that counsel’s investigation of possible mitigation evidence was adequate; 4) the effectiveness of counsel’s representation at sentencing is not an exact derivative of the amount of time counsel spends investigating mitigation evidence; and 5) the evidence that petitioner faulted counsel for not presenting to the jury was potentially aggravating or cumulative....

The Justice Department, Microsoft, and Ireland are still locked in a showdown over which country’s laws control the fairly common modern situation of a company’s data being physically stored abroad. Ars Technica reports that Sen. Orrin Hatch (R-Utah) plans to reintroduce the Law Enforcement Access to Data Stored Abroad Act, which would limit the government’s ability to access foreign-stored data. Hatch already introduced the bill in September, The Hill reports, but once the 113th Congress ended, any unsigned bills automatically died and had to be reintroduced....

We’ve all dealt with that case, that opposing counsel, or have at least heard stories about it – the frivolous patent troll, the baseless lawsuit asking for $5 million, the opposing counsel that threatens sanctions every other day. Tom Goldstein’s Porn Star in a Pool Letter Goldstein is known for many things: SCOTUSblog and an impressive appellate practice first and foremost. But this letter, which made the rounds late last week, is neither Supreme Court nor appellate related....

Conviction of defendant for drug-trafficking conspiracy is affirmed where: 1) district court did not err in concluding that the omission or misstatement of information of an informant’s activities did not provide grounds for suppression; and 2) district court did not abuse its discretion in refusing to require the government to produce documents containing identifying information as to the other informants. Read US v. Cartagena, No. 08-2177 Appellate Information Appeal from the United States District Court for the District of Massachusetts...

In a piece of good tech news, Google seems to have assented to at least one of the demands made by the organizers of last week’s big Google walkout. The company has decided to end mandatory arbitration for all claims of sexual harassment or assault, and make arbitration optional, at the election of the employee. Additionally, Google created a clear policy allowing employees to bring a companion with them to meetings with HR, in an effort to respond to the protesters’ demand for more transparency....

A class action lawsuit against PACER, the online Public Access to Court Electronic Records service that everyone loves to hate, overcame an important hurdle last week. The suit accuses PACER of charging too much for records and, on Tuesday, U.S. District Judge Ellen Huvelle certified the class, which includes just about anyone who has used PACER in the last six years. Ten Cents Is Too Much, Suit Alleges PACER charges ten cents a page, with a cap of $3 per record, though there is no cap for transcripts and certain other documents....

When BlackBerry finally launched their oft-delayed Blackberry 10 “comeback” devices, well … nothing happened. The delays, immature operating system, and high price of the phones all but ensured nobody was going to buy them. Plus, the company was on the verge of a collapse, then was almost parted out, then somehow wasn’t. Despite a love for QWERTY keyboards, we advised you to stay away from buying a device that was tied to a company flirting with death....

With all the poaching Apple is accused of doing these days, you’d think it’s on an African safari. It seems like only last month (which it was) that Apple, along with three other Silicon Valley companies, settled a class action lawsuit brought by tech company employees who claimed companies colluded in anti-poaching agreements, which lowered their wages. Now Apple’s getting into trouble for allegedly poaching employees from a car battery manufacturer....

While we normally don’t cover state court cases, when the state is Delaware, we listen. Because of the sheer number of companies incorporated in Delaware, state court decisions can have a national impact. A recent Supreme Court of Delaware case involved the board of directors, and what is necessary to effectuate a valid resignation. Biolase, Inc.’s Board The CEO of Biolase, Inc, Federico Pignatelli, thought that Biolase’s board needed more experienced directors, so he asked to board members to resign, and re-filled their positions....

Filing an answer to a complaint is easy, right? Just deny everything, cut and paste in every affirmative defense available, do a find and replace for your clients’ names, and viola! you’re done. But what happens if one of your boilerplate affirmative defenses just doesn’t fit? Should you assert a laches defense if your client is sued within a week of an incident? Will the plaintiff move to strike, seek sanctions, or worse, call you out on social media?...

In US v. Fontenot, No. 08-12266, the Eleventh Circuit affirmed defendant’s conviction for making a false entry in a document with the intent to impede an investigation within the jurisdiction of a U.S. agency, on the ground that it was not clear under current law that 18 U.S.C. section 1519 requires that the defendant know that the investigation will fall within the jurisdiction of the federal government, and thus the district court did not commit plain error....

If you thought Native American tribes just made money from casinos, you don’t know the Mandan, Hidatsa, and Arikara Nation. The tribes, with about 15,000 members, occupy about one million acres in North Dakota. Most members live elsewhere due to poor conditions on the tribal lands. Unlike many Native American tribes, however, the North Dakota tribes don’t survive solely on casino money. In addition to oil rights, the Mandan, Hidatsa, and Arikara Nation owns a significant technology patent....

What’s in a name? Everything. The right name is memorable, descriptive, and ideally evocative of positive feelings and connotations. The wrong name, however, can ruin a perfectly good business or product. When it comes to domain names, there are a number of unfortunate examples, such as the site we cited last week, Who Represents? (whorepresents.com). Or take for example, Experts Exchange (expertsexchange.com). Because this domain name will be on business cards, promotional materials, and typed by customers, you’ll want to be very careful when choosing it....

‘Bulls genital male pills are ALL NATURAL,’ said the sexual enhancement advertisement, but not anymore. MyNicNaxs, a Florida company, nixed its ads because a federal court permanently enjoined it from selling unapproved and misbranded drugs. The U.S. Justice Department announced the court order after a receiving a request from the U.S. Food and Drug Administration. “When a company fails to disclose pharmaceutical ingredients in its products, consumer safety can be put at risk,” said Acting Assistant Attorney General Chad A....

When it comes to practicing in-house, attorneys occupy a unique position. Their duty is to their client, the company, but they are also bound by ethical responsibilities more so than other employees. And how in-house attorneys respond to ethical dilemmas depends on a variety of factors, from their own personal ethical standards to the infrastructure of the company in which they work. Now, a new survey of 400 in-house lawyers by University College London has taken a detailed look at how corporate attorneys deal with ethical challenges – including a taxonomy of in-house “ethical identities,” ranging from ethical idealists raging against potential malfeasance to those who just shrug their shoulders and go along....

Lateral hiring is becoming the standard hiring model within this industry. There was a time in the labor field where people would get hired by a particular firm, do well, and expect to stay there for the rest of their career. The reality is that this way of working is dying – particularly for younger associates. It’s basically the law firm absorption of the new gig economy. Today, the top firms in the country are aggressively looking for ambitious young attorneys whose eyes are wandering for greener pastures outside of their current setup....

A Louisiana federal court dismissed a case challenging the state’s ban on gay marriage on Wednesday, largely because the plaintiff named the wrong state official as the defendant. The suit was originally filed on behalf of Jon Robicheaux and Derek Pinton, a gay couple who was legally married in Iowa and sought the recognition of their home state. The Washington Blade reports that another same-sex couple joined the suit later as plaintiffs, and both were denied by the court’s recent decision....

Investing in cryptocurrency might be the riskiest and most shark-like investment from any of the sharks on the hit TV show Shark Tank. And while the sharks are usually risk averse when it comes to handing out money, Mark Cuban, who we’d be remiss to remind you is the owner of the NBA’s Dallas Mavericks, expressed his support for one crypto-coin a few years ago. Now, unfortunately for the owner of the Dallas Mavericks, that coin he invested in, Unikrn, which promised to be the best thing to ever happen to blockchain and online gambling, is facing a class action lawsuit over the spectacular plummet from nearly $2 to a nickel....

Former Justice Department official David Remy has been tapped to serve as the NCAA General Counsel and Vice President of Legal Affairs. The Washington Post reports that David Remy will start his new job on March 14. He is set to replace Scott Bearby who has been serving as Interim General Counsel and Managing Director of Legal Affairs for the NCAA. According to the NCAA, David Remy will now be a member of the senior management group and will direct NCAA’s internal and external legal teams....