It seems like the most obvious of questions for a lawyer to ask: “Who is my client?”But as with so many other seemingly easy questions, the answer is seldom very simple. The answer is crucial, however, to establishing whether a lawyer-client relationship exists. And the creation of that relationship triggers a series of legal and ethical duties that the lawyer owes to the client on such vital matters as confidentiality and conflicts of interest.Recently, the lawyer’s duty to report wrongdoing by clients has gained greater attention in the wake of corporate scandals and the passage of federal legislation–primarily the Sarbanes-Oxley Act of 2002–aimed at bringing corporate wrongdoing under some measure of control.Sarbanes-Oxley provided for tougher regulations issued by the U.S. Securities and Exchange Commission that require lawyers representing a corporation to report “up the ladder” when they learn of internal violations of … [Read more...] about Who Is The Client?
Who helps the president make decisions
We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his Executive Order: Buy American and Hire American. The prior agency announcements coupled with this Executive Order have created a lot of confusion, misunderstanding, and fear, so much so, that many non-immigrants in the United States sincerely believe that their days in the United States are numbered. In fact, this is not the case. It is time to address how the state of affairs came to be and what the actual reality is. Question: Announcements by government officials and reports in the press seem to indicate that the U.S. work visas, as we know them, particularly the H-1B visa are under attack and may soon be history. Is this true?Both supporters of the Administration, and its opponents will agree that a significant element of the announced … [Read more...] about Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1b Visa Holders After The President’s Executive Order of April 18, 2017?
Individuals and trusts that will be subject to U.S. federal income tax in 2013 are facing a challenge remarkably similar to that of the protagonist in The Lady, or the Tiger, Frank Stockton’s famous 1882 short story. In the story, the hero must choose between two unmarked doors; behind one is a beautiful bride and behind the other is a hungry tiger. He has been offered some clues, but these clues as easily could be false as helpful. So it is for individuals and trusts attempting to structure their affairs in a tax-efficient manner at this time. The tax environment for 2013 is in a state of flux, and taxpayers cannot be certain whether their choice will result in tax savings or additional tax being paid. This Alert summarizes what can be said for certain, what issues are still open and some possible outcomes. And while we cannot predict the legislative conclusions, we will do our best to provide helpful clues.As described in detail below, without additional action on the part of … [Read more...] about The Lady, or the Tiger: Making Informed Choices in 2013’s Uncertain Federal Income Tax Environment
In ordering the U.S. Air Force to attack Libyan targets on the ground and impose a no-fly zone in the air, President Barack Obama sent the U.S. military into combat without Congress’ blessing. This was not always President Obama’s view. Anti-war Democrats vigorously challenged President George W. Bush’s conduct of the wars in Afghanistan and Iraq by claiming that he had violated Congress’ right to declare war. As a presidential candidate in 2007, Obama once agreed: “The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”Fast-forward four years. In announcing the intervention in Libya, Mr. Obama told Congress that he was acting “pursuant to my constitutional authority to conduct U.S. foreign relations and as commander in chief and chief executive.” As the Libyan war reached its 60th day at the end of May … [Read more...] about War Powers Belong to the President
1. The President of India is a constitutional head of the Union Government In India, it is generally assumed that the President has no specific powers and acts as per the aid and advice of the Council of Ministers headed by the Prime Minister in the exercise of his powers and functions and can only once send the advice back to the Council of Ministers for its reconsideration and thereafter he is bound to act as per the reconsidered advice of the Council of Ministers. However as no time limit is prescribed in the Constitution during which the President has to act on the advice of the Council of Ministers, the President may also put the ministerial advice on hold for an indefinite period of time and thus may delay the final decision of the Cabinet. But generally, the President … [Read more...] about Taking the President seriously: Indian President’s power to grant sanction of prosecution against the Prime Minister