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

The business-judgment rule provides powerful protection under the law, and independent litigation committees can help defendants to avail themselves of that protection. When faced with a shareholder suit, a corporation may appoint an independent litigation committee to evaluate the worth of a shareholder’s claims. New York law requires courts to defer to the business judgment … Continued

When a well-known treatise such as Business and Commercial Litigation in Federal Courts has already published four editions, a new edition is rarely cause for excitement or interest. The topics have typically been identified and few things usually change besides updating citations. That is, unless the publication is one that is edited by Bob Haig. Haig, as readers … Continued