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New York Law Journal: Featured Columnists August 17, 2009

By David Badertscher, PLL

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Tax Tips
Monday, August 17, 2009
By Sidney Kess

" Sidney Kess, CPA-attorney, writes that as a result of the efforts of the National Research Program, an arm of the IRS that collects data used to measure tax payment, filing and reporting compliance, the IRS estimates that $68 billion of the annual $345 billion tax gap for 2001 (the spread between what the government should collect and what it actually collected) was due to sole proprietors."

OUTSIDE COUNSEL:

Trademark Use and Misuse Of One's Personal Name
Monday, August 17, 2009
By Stephen J. Quigley

" Stephen J. Quigley, of counsel to Ostrolenk Faber, writes that the right to use one's own name in connection with a business, product or service had long been considered "sacred" and could not be interfered with absent proof that there was a deliberate attempt to mislead the public. As recognized more than 60 years ago by the U.S. Court of Appeals for the Second Circuit, he notes, 'to prohibit an individual from using his true family surname is to take away his identity: without it he cannot make known who he is to those who may wish to deal with him; and that is so grievous an injury that courts will avoid imposing it, if they can.' "

SPECIAL REPORTS:

Litigation
Monday, August 17, 2009
 "In this Special Section from the New York Law Journal: 'Crime Victims' Rights Act: New Tool To Recover Fraud Losses,' 'Balanced Approach for Parallel Proceedings Discovery' and 'Federal Program Participants: Beware the Amended False Claims Act.' "

Also, in the highlighted article from this section,

Free With Registration: Allocating E-Discovery Costs in N.Y. State Courts
"Christopher M. Caparelli, counsel at Torys, and Tracy Zanco, an associate of the firm, write: The explosion of electronically stored information and the issues it raises, including who is responsible for paying the soaring costs incurred in its production, has been well chronicled by federal judges and commentators of federal procedure. Much less has been written on who pays for e-discovery in New York state court litigation. Initially, one might conclude that is because the CPLR is clear on the subject: New York courts presume, on the basis of CPLR 3120, that the requesting party pays. The issue, however, does not end there.

Full post as published by New York Supreme Court Criminal Term Library on August 17, 2009 (boomark / email).