Expert Guides - Best of the Best USA

Transfer Pricing: Current issues

The 2017 Tax Reform Act added a new third sentence to § 482 that allows aggregation and the consideration of realistic alternatives if it produces the most reliable means of valuation

29/03/2018 James P Fuller, Fenwick & West, US Andrew J Kim, Fenwick & West, US Larissa Neumann, Fenwick & West, US

Protecting against “Apex” Depositions

The myriad duties and responsibilities of corporate executives to manage and direct the day-to-day operations of companies make their involvement in litigation unduly burdensome to them and their organizations

29/03/2018 James M Campbell, Campbell Campbell Edwards & Conroy, US Jacob J Lantry, Campbell Campbell Edwards & Conroy, US

Insurance Coverage in the Wake of a Natural Disaster: Current Issues and Hot Topics

From the earthquake in Mexico City, to California wildfires, to Hurricanes Harvey, Irma, and Maria – to name but a few – 2017 was a year marked with an alarming number of natural disasters

29/03/2018 John D Shugrue, Reed Smith, US David M Cummings, Reed Smith, US Caroline M Upton, Reed Smith, US

When Interpreting Insurance and Reinsurance Contracts Under New York Law, Don’t Presume Anything

Many lawyers are in love with presumptions and rules of construction

29/03/2018 Larry P Schiffer, Squire Patton Boggs, US

Electronic Discovery in Construction Disputes – Pitfalls for the Unwary

Preparing a construction case for arbitration or litigation creates the challenge of distilling the “best” evidence from a universe of documents that frequently exceeds hundreds of thousands of pages

29/03/2018 H James Wulfsberg, Burke, Williams & Sorensen, US David J Hyndman, Burke, Williams & Sorensen, US J Todd Wulfsberg, Burke, Williams & Sorensen, US

Defending Antitrust Allegations of Wage-Fixing and No-Poaching Agreements

On October 20, 2016, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued important new guidance that shifts the DOJ’s policy regarding agreements relating to the hiring and compensation of employees

29/03/2018 John Taladay, Baker Botts, US

Important Lessons in Contract Formation from The Wolf: What Are Letters of Intent?

Many of you no doubt remember Harvey Keitel playing Winston “The Wolf” Wolfe in Pulp Fiction where he said to Vince, played by John Travolta, “If I’m curt with you it’s because time is a factor

29/03/2018 Marc D Latman, Smith Gambrell & Russell, US John G McCarthy, Smith Gambrell & Russell, US

Spaceports: A New Frontier for Financing

With the rising dependence on space technology and space-based services, ensuring low-cost and reliable access to space for commercial companies has become paramount

29/03/2018 Elizabeth H Evans, Reed Smith, US

Taking Stock of US “Tax Reform” as the Dust Settles

After a year of speculation about the legislative capabilities of a Republican-held Congress, the United States has managed to pass its first major tax bill in three decades

25/03/2018 Marc M Levey, Baker McKenzie, US Alexandra Minkovich, Baker McKenzie, US Joshua D Odintz, Baker McKenzie, US Kathryn E Rimpfel, Baker McKenzie, US

Best of the Best USA 2017 Methodology

Welcome to the 2017 edition of the Best of the Best USA, a guide to the top legal practitioners in the US across 16 areas of law.

16/05/2017

Don’t Forget About Mediation: Settlement and Satisfaction

Mediation in trademark disputes is increasingly common. The International Trademark Association (INTA) reports that mediation settlement rates for intellectual property disputes may be as high as 70%. INTA, the World Intellectual Property Association (WIPO), and the European Union Intellectual...

31/03/2017 Katherine M Basile, Reed Smith, US

Recent US International Tax Developments

The outgoing Obama Administration issued an unusual number of lengthy tax regulations just before and after year end

31/03/2017 James P Fuller, Fenwick & West, US David L Forst, Fenwick & West, US

US Entity Transactions Bump Against the Inversion Rules in Unanticipated Ways

The US “domestic entity acquisition” (“DEA,” aka “inversion”) rules must be considered whenever any stock or options of a foreign acquiring corporation (“FA”) are issued in a transaction with a US corporation or partnership (“USco”) to former USco equity holders

31/03/2017 Peter H Blessing, KPMG, US

The United States: No Longer a Shangri-La for Plaintiffs’ Lawyers

Historically, plaintiffs’ lawyers around the world have viewed the United States as the most plaintiff-friendly jurisdiction, and sought to file their cases in U.S. courts even when the underlying parties and facts have much stronger ties to other countries

31/03/2017 Robert J Giuffra Jr, Sullivan & Cromwell, US Matthew A Schwartz, Sullivan & Cromwell, US Julia A Malkina, Sullivan & Cromwell, US

American Wage and Hour Litigation: Compliance, Experts, and the Certification Process

The American wage and hour litigation wave continues, and the essential areas of focus for corporate employers in successfully defending these actions is increasingly centering on a “back to basics” approach

30/03/2017 William C Martucci, Shook Hardy & Bacon, US Kristen A Page, Shook Hardy & Bacon, US

Recent Trends in Alternative Funds

The past year has been mixed for alternative funds. In the hedge fund space, industry assets under management increased by $70 billion to $3.22 trillion, despite lackluster overall returns and noisy withdrawals by certain institutional investors

30/03/2017 Stephanie R Breslow, Schulte Roth & Zabel, US Patrick Dundas, Schulte Roth & Zabel, US

Effective Tax Planning in the Post-BEPS Era

Transfer pricing issues have become a significant political issue as the G-20 nations focus on ways to combat double non-taxation

24/06/2016 Michael F Patton, DLA Piper, US

The Key BEPS Action Items Causing Discussion In the United States

The Organization for Economic Cooperation and Development's (the “OECD”) Base Erosion Profit Shifting (“BEPS”) Proposals have been moving forward at a rapid pace

24/06/2016 Marc M Levey, Baker McKenzie, US

Non-Negligent Breach of Warranty in Massachusetts is not a c. 93A Violation

In Massachusetts, product liability actions typically assert claims of both negligence and breach of warranty and normally contain a count under chapter 93A, Massachusetts’s consumer protection statute

24/06/2016 James M Campbell, Campbell Campbell Edwards & Conroy, US Jacob J Lantry, Campbell Campbell Edwards & Conroy, US

The Use of Broadest Reasonable Interpretation in Inter Partes Review – Evolution of the Law

The U.S. Supreme Court, in Cuozzo Speed Technologies v. Lee,2 is considering the propriety of the U.S. Patent and Trademark Office’s (“PTO”) rule that, during inter partes review (“IPR”), patent claims receive their “broadest reasonable interpretation” (“BRI”)

24/06/2016 Nicholas P Groombridge, Paul Weiss Rifkind Wharton & Garrison, US Conor McDonough, Paul Weiss Rifkind Wharton & Garrison, US

Influence from the Top: Federal Circuit’s Influence on Post-Grant Review Trial Practice

The America Invents Act has significantly changed the patent litigation landscape in the U.S. It created the Patent Trial and Appeal Board (“PTAB”) and three new principal post-grant review mechanisms: PGR, IPR, and CBMR (“PTAB Trials”)

24/06/2016 Kenneth R (Ken) Adamo, Kirkland & Ellis, US Eugene Goryunov, Kirkland & Ellis, US

Texas Liquids Pipeline Regulation in Flux

Texans have been known to tout that “everything is bigger in Texas.” When it comes to oil, the facts are supportive

24/06/2016 Charles F Caldwell, Caldwell Boudreaux Lefler, US

Battle Against the Forms: Stating the Case for Attorney Preparation and Review of Critical Construction Documents

In the earliest weeks of law school, eager counselors-to-be absorb a wide variety of legal principles that are used as a foundation for their training to be lawyers

24/06/2016 Edward B Gentilcore, Sherrard German & Kelly, US

U.S. Agencies Continue to Be Tough on Merger Remedies

On April 6, 2016, U.S. Attorney General Loretta Lynch’s comments regarding the U.S. Department of Justice’s (“DOJ”) decision to file a lawsuit to block the $35 billion Halliburton/Baker Hughes merger highlighted the agency’s views towards divestitures generally

24/06/2016 Ilene Knable Gotts, Wachtell Lipton Rosen & Katz, US

Incomplete trademark policing can lead to a perilous result

The legal obligation of policing a mark is what a trademark owner likes least. After all, a trademark owner undertakes considerable costs in developing a mark, advertising and promoting it so that the mark has commercial success for the goods and/or services with which it is used. When a mark...

29/05/2015 Robert B G Horowitz, Baker Hostetler, US

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