Stephen T. Roberts, Co-Chair* Stephen J. Ginsberg, Co-Chair* Amy Agnew Gregory K. Arenson* Scott Barbour Robert Bartkus Loenard Benoich Mark Berman Lauren Bernstein* Bradley R. Bobroff* William Brennan Seth Buchman* Andre Castybert Matthew Coogan* Ashley Czechowski Megan Dorritie Samantha Ettari Michael Fox Danielle B. Gatto* Robert Glanville Jeffrey Harradine Alan Harvey Peter Hein Michael Hensley … Continued

As we all remember from law school, the business judgment rule is a legal doctrine that shields corporate directors and officers from personal liability for decisions made in good faith and with reasonable care. This rule, rooted in the recognition that business decisions often involve risk and uncertainty, encourages directors to exercise their best judgment … Continued

As my time as chair of this vibrant section draws to a close, a well-known quote about the recipe for success keeps running through my mind. The saying goes something like this: To achieve great things, you need a plan and not quite enough time. As I have learned over the past 12 months, any … Continued

Introduction It is no secret that arbitrators may serve as counsel in different cases and counsel may serve as arbitrators. The extent to which this practice may cause problems down the line at the award enforcement stage is still uncertain. Is the integrity of an award potentially at risk when the same lawyers are wearing … Continued

Corporations and limited liability companies have historically been used as “shell entities” for both legitimate and illegitimate purposes.1 In response to the illicit use of shell entities, legislation has been passed on both the federal and state level requiring business entities to disclose beneficial owner information (BOI) to the government.2 The federal Corporate Transparency Act (CTA), … Continued

To succeed in commercial litigation, access to information is paramount. Parties often engage in an exhaustive and contentious discovery processes to obtain relevant records, documents, and evidence to bolster their cases. However, traditional discovery methods can be time-consuming, expensive, and sometimes ineffective, particularly when dealing with parties that are reluctant to disclose information. Parties may … Continued

Lawyers who take on the task of representing unpopular or unorthodox clients and causes are frequently the subject of heated debates and controversies. Such debates and controversies may produce a “chilling effect” on the availability of counsel, where “unpopular or unorthodox clients” are prone to experience much greater difficulties in implementing the constitutional right to … Continued

The Fifth Circuit Court of Appeals recently issued an opinion that may greatly affect the ability of administrative agencies, such as the EPA, OHSA and the SEC, to function by hindering the enforcement of their rules. The opinion may also dramatically alter the litigation landscape in which many attorneys practice. If the opinion is affirmed, … Continued

It is an honor to be the new chair of the Commercial and Federal Litigation Section. We all owe Daniel Wiig a great deal for the incredible time and effort that he put in as Section chair. Even though many of the events during Dan’s term as chair were remote, that did not stop him … Continued

All lawyers know something about taxes. We all pay them, and we all know that legal fees are income. In fact, they are ordinary income, and are even subject to self-employment taxes. Lawyers occasionally try to argue that legal fees are capital gain, but that is an awfully tough sell with the IRS. So, you … Continued