JD Scoop

For your interest, here's a "Year in Review" reading list from lawyers and law firms on JD Supra. Covering HR, taxes, banking & finance, IP law, business, and other topics, this diverse collection of posts includes analysis of important legal developments in 2010, with suggestions of what to do in the new year:

- Top Trademark Trends in 2010 (by Erik Pelton):

In IP Law: "In 2010, many of the biggest news stories touched on the world of trademarks in some manner. Facebook and Apple were active taking steps to register and protect a variety of trademarks. But the most notable trademark story of 2010 was the release - and subsequent retraction - of a new GAP® logo. Here are the 10 most significant trends in trademarks for 2010..." Read more>>

- Privacy and Data Protection Year In Review (by McDermott Will & Emery):

In Privacy Law: "Privacy and data protection are an exploding area of focus for international and U.S. regulators. Most businesses are now well aware that if their information practices are not already regulated, they likely will be soon. This article gives in-house counsel and others responsible for privacy and data protection in the United States and Europe an overview of the major developments in this area in 2010, as well as a prediction of what is to come in 2011..." Read more>>

- Top 10 FCPA Investigations of 2010 (by Thomas Fox):

In Securities Law: "While enforcement actions can provide the some of the DOJ/SEC most current thinking on FCPA compliance best practices the public information made available during investigations can provide to the FCPA, Bribery Act or other compliance professional many opportunities for teaching points and lessons learned by others. So with the opportunity for many educational occasions in mind we present our favorite investigations of 2010..." (also see Part II of this post). Read more>>

- HR Resolutions for 2011 (by Warner Norcross & Judd):

In Employment Law: "Review Your Employee Handbook. This is a good item to have on your to-do list every year, given how often the landscape changes with new laws, regulations and court interpretations. Particular attention should be paid to your Equal Employment Opportunity and workplace harassment policies (see discussion below). You should also address confidential information and how employees are expected to handle it..." Read more>>

[Also from Warner Norcross, see: It Is Time To Start Thinking About Those New Year's Resolutions]

- 2011 Forecast (by Sanford Millar):

In Tax Law: "In 2011 we can expect greater emphasis on international reporting and tax compliance. Foreign finanicial institutions will further gear up for imposition of the FATCA (Foreign Account Tax Compliance Act) making it harder to open and maintain foreign accounts. U.S. taxpayers will face new disclosure rules for foreign finanicial assets. These assets will need to be scheduled for tax return purposes if they are $50,000 or more. Foreign held trusts, corporations and partnerships will need to be disclosed. More indictments are likely resulting from the UBS and related cases..." Read more>>

- Tax Relief Act of 2010: Year-End Planning and Beyond (by Duane Morris LLP):

In Tax Law: "On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (the "Act"). In addition to extending the Bush income tax cuts until December 31, 2012, the Act contains numerous changes to the federal estate, gift and generation-skipping transfer (GST) tax laws, which also will expire on December 31, 2012. Here is a summary of the estate, gift and GST tax provisions included in the Act. It is important to note that one change in particular - namely, the elimination of any GST tax on certain 2010 transfers - may require action before year-end..." Read more>>

- Death Sentences Are Given Less, Fewer Executions in 2010: DPIC Report (by Terence Lenamon):

In Criminal Law: "The Death Penalty Information Center has issued its annual report on the state of capital punishment in this country. According to the DPIC, the forty-six (46) executions that were conducted this year constitute a twelve percent (12%) decrease in the death penalty. (In 2009, there were 52 executions in the United States; in 2000, there were 85.) Capital punishment therefore declined in the first decade of the 21st Century. However, there are 3261 people still living on American Death Rows today and each of them still faces a sentence of death..." Read more>>
 
- Looking To End Of Year And 2011 (by Sands Anderson):

In Auto Law: "Increased sales for the closing weeks of 2010 are encouraged by the availability of 0% financing, often coupled with a rebate. This coupled with manufacturer incentives to dealers to move product, should help drive sales upward, but will only cut losses in a year that will be one of the slowest in decades. The optimism for 2011 is based on more durable premises- new and better products (especially from the U.S. "Big Three"), some increased availability of consumer financing (even for the sub-prime market), and the U.S. consumers "aging fleet". " Read more>>

- A Collection of Venable's Credit Counseling and Debt Services Legal Articles and Presentations from the Second Half of 2010 (by Venable LLP):

In Banking & Finance Law: "During the second half of 2010, there has been a great deal of federal and state activity touching on credit counseling and debt services, including: new rules for debt relief services under the Federal Trade Commission's Telemarketing Sales Rule and mortgage assistance relief services rulemaking; major enforcement actions by the FTC, state regulators, and state Attorneys General against DMP providers, debt settlement companies, mortgage foreclosure consultants, and lead generators..." Read more>>

- Looking Ahead to 2011: Year End Employee Benefit Plan Compliance Items (by Dinsmore Shohl):

In Employment Law: "While the tri-agencies of Treasury, Labor and Health & Human Services (the "Departments") have issued a flurry of regulations and model notices, many issues are still in need of further clarification. In the interim, the Departments have indicated that employers should still take steps toward good faith compliance with the law..." Read more>>

- Health Care Reform Checklist (by Warner Norcross & Judd):

In Health Law: "As the year draws to a close, employers should review what actions they've taken with respect to health care reform for 2010 and begin planning for changes in 2011. This checklist will hopefully make the daunting task a little easier..." Read more>>

- Lights Out for the DREAM Act in 2010 (by Ronald Shapiro):

In Immigration Law: "The Development, Relief and Education for Alien Minors Act (the "DREAM Act") fell five votes short of the necessary 60 votes for obtaining consideration on the Senate floor on Friday (Dec. 17th) bringing down the curtain on any further legislative action in 2010. However, President Obama vowed that his administration would not give up on passing some form of legislation offering a path to citizenship for the children of illegal aliens who either secure a college education or enlist in military service..." Read more>>

- Mopping Up 2010 and What to Expect in 2011 (by Ron Gitter):

In Real Estate Law: "A look back at the important developments in New York co-ops and condos for 2010 and what to expect in 2011..." Read more>>

- Top 10 Expert Rulings of 2010 (by IMS ExpertServices):

In Law Practice: "The most important judicial action involving expert witnesses in 2010 came in the year's waning days. On Dec. 6, the Supreme Court agreed to hear a case that could decide the standard for use of expert testimony when a court is weighing whether to certify a class action. The case was already notable, having certified the largest employment class action in U.S. history. But that was not the only significant court case involving expert witnesses during 2010..." Read more>>

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Related:

- Popular Legal Topics in 2010
- What Surprised You In 2010? Perspectives from Legal Professionals
- Tax Relief Act of 2010: What Lawyers Are Saying
- Year-End Tax Planning: What Lawyers Are Saying

Lawyers, help your work reach the right readers>>

What surprised you in 2010? And, what should lawyers expect in the new year?

That's what we recently asked our friends and colleagues in the legal profession, with the thought of putting together a year-end review fueled by diverse voices from within our community - lawyers, consultants, service providers, marketers...

Social media emerged as a dominant theme - hardly a surprise - but, as you'll see, not everyone agrees on what it all means, or how law firms are participating.

Among other answers, we also heard from lawyers about changes and surprises in their particular fields of practice. We'd love to hear more of these; please leave us a comment with your thoughts. What's changing in your practice?

A complete record of responses is available here, including credits for all of our participants. We'll be adding others as additional replies come in.

In the meantime, some of the highlights:

2010 Surprises in the Legal Profession

Jordan Furlong: "What surprised me most in 2010 was the speed with which change in the legal marketplace accelerated. Coming into the year, lawyers knew or should have known that the days of their near-exclusive access to the marketplace were ending ... But the competition came on stronger than anticipated, from legal process outsourcing companies to contract and temporary attorneys to the year's biggest surprise, Thomson Reuters' acquisition of LPO Pangea3..."

Donna Seyle: "Purchase of Pangea3 by a business other than a law firm. It shows that this upending of the law firm structure is really driving the legal services industry to think out-of-the-box, and the implications will be far-reaching as Thomson Reuters implements their concepts by integrating Pangea into their family of offerings..."

Tim Baran: "The past year continued the trend of law firms and other legal organizations adapting to change. No small development since the profession is notoriously averse to change. The still stagnant economy played a significant role as new hires, especially among administrative staff remained a trickle, with most standing pat and some continuing to lay off..."

Lance Godard: "Plus ça change, plus c'est la même chose: In 2010 (like in 2009), conditions were ripe for meaningful change in the business of law, more than they have ever been (and probably ever will be again). But at the end of the year we're still talking about the same things -- in virtually the same exact terms -- as we were at the end of 2009..."

Jim Calloway: "Oddly, it was the iPad..."

Steve Matthews: "The biggest surprise for me in 2010 was the rapid adoption and impact of tablet computing. Apple iPads have moved from testing ground status, to the anticipated production of 6 million units per month in 2011!"

Gina Rubel: "I still find it surprising that many law firms in the U.S. are either 1) blocking social media and/or 2) do not have social media policies in place..."

Jayne Navarre: "What didn't surprise me was the uptick in the number of both large, medium, and small law firms moving from cool to lukewarm in the arena of social media. I saw a significant increase in requests for group social networking training for lawyers, particularly partners. What did surprise me was the lack of law firm investment in training for staff; both in regards to responsible engagement and proactive presence..."

Lindsay Griffiths: "The thing that surprised me most about 2010 was the level of fear that people still have surrounding social media..."

L. Russell Lawson: "What surprised me most was the American Bar Association weighing in late in the year with an effort to modify the Model Rules to potentially shut off the conversations in social media about legal issues. It seems to me that a well-informed universe of consumers of legal services can only improve the delivery and efficiency of the law and lubricate the scales of justice..."

Daniel Schwartz: "What surprised me was how all consuming 'social media' became in the employment law area. Nearly every speaking engagement I was invited to was about social media in one form or another.  What also surprised me (but shouldn't have) is how attorneys who don't even use social media suddenly became 'experts' too..."

Chris Hill: "The explosion of Social Media and the growth in solo practice. I think this was due to the contraction in 2009 at large firms and the continued growth in law school graduations.  The younger lawyers plus the sudden realization of the power of the internet (coupled with in person contact) by attorneys who saw the marketing need led to the growth in online marketing through social media..."

Laura Gutierrez: "How great the content is coming from lawyers (how non-legal it reads), and how many of them have taken to social media..."

Venkat Balasubramani: "Overall, it seemed like this was the year in which the legal profession embraced Twitter with much enthusiasm.  A large percentage of these people probably viewed Twitter as purely a business development tool, and I expect many of them will drop off, if they haven't already done so..."

Garry Wise: "There were no great surprises in 2010 for lawyers who've had their fingers on the pulse of the social media world - just a natural progression.The once-radical thought that there is a bona fide professional use for social media in the legal profession has been mainstreamed and normalized..."

Gwynne Monahan: "Thanks in part to Facebook, privacy became a mainstream topic of discussion and concern.Social media made its entrance into the legal industry beyond a marketing channel. Won't be long before it is a standard aspect of eDiscovery. Request documents & social media history...

Stephen Fairley: "What surprised me most in 2010 was the fast growing adoption of social media. In general, attorneys tend to be way behind the curve when adopting any new technology, especially when it relates to internet marketing. So it surprised me that attorneys seem to be adopting social media much faster than I anticipated..."

Elliott Alderman: "What surprised me, given the economy, was how well some smaller and mid-sized niche practices performed. There was a general thinning of the herd, and I think increasingly the model of the large multi-discipline behemoth is broken. Particularly in tight financial times, clients increasingly want fixed fee and value-added legal services, and it is difficult for large entities to support their infrastructure..."

Stephen Seckler: "In 2010, I was surprised that attorney layoffs were as modest as they were at the most highly leveraged firms.  While many firms managed to report small increases in profitability for the 2009 year, this was primarily accomplished through cost cutting.  Without a dramatic increase in corporate activity in 2010, I had expected to see another round of associate layoffs. Instead, I am hearing that some firms are actually beginning to recruit some laterals..."

Amanda Ellis: "I thought firms would focus on hiring laterals who were already admitted to practice in the hiring state.  However, firms still hired out-of-state lawyers who were not yet licensed in the hiring state IF the lawyers had top academic credentials (in the examples I saw, this usually meant a JD from a Top 10-20 law school, not just a Tier 1 (top 50 ) law school)..."

Larry Bodine: "I was surprised how wrong the predictions were for an economic recovery in the legal profession in 2010. Instead we got the dismal "new normal" with layoffs, indebted law grads without jobs, cost-cutting, and gloomy expectations from managing partners..."

Howard Sollins: "What surprised me was the degree to which there is a perception that TARP was a negative program when it saved large segments of the economy for far less of a cost than was anticipated..."

Marc S. Stern: "The Supreme Court decisions on Consumer Bankruptcy were surprising.  The court seems to be retreating from its literal interpretation of statutes.  I suppose that is necessary given the unintelligible drafting.   I was also surprised that Congress got its act together and passed a bunch of much needed legislation in the lame duck session..."

Andrea Cannavina: "It really shouldn't have. It surprised me in 2007, 2008 and 2009. I figure eventually... but 2010 was not to be the year.  What am I talking about?  That in 2010 the majority of lawyers using the business process of dictation still use tapes. Remember tapes?!?! Running a close second this year would be the number of attorneys who believe because they can type and manipulate software, they don't need an assistant."

See the full record of responses and credits here: The Legal Profession Looks Back on 2010 and Ahead to 2011.

What suprised you in 2010? What do you see for the new year? Share your thoughts in a comment to this post...

Best wishes for the new year!

For your interest, here's a look at some of the popular legal topics on JD Supra during 2010. Just the tip of the iceberg, this review is based on our monthly Trend Reports (monthly hot topic reports for lawyers on JD Supra), search analytics, and activity on Legal Updates on LinkedIn:

Popular Legal Topics in 2010

• In Business Law: FCPA - due diligence - Small Business Jobs Act - FMLA - social media in the workplace ...
  
• Employment Law: employee misclassification - COBRA extensions - Hire Act - ERISA - workplace free speech - Genetic Information Nondiscrimination Act ...
  
• In Bankruptcy: means test - Lehman Brothers - Chapter 7 - Chapter 13 - BNA subsidiaries - debt settlement ...
  
• In Immigration: Dream Act - immigration reform - ICE audits - E-Verify - Arizona immigration law - H1-B visas ...
  
• In Real Estate: HAMP - loan modifications - wrongful foreclosure - Chinese drywall - Bank of America - 1099 Reporting ...
  
• In Intellectual Property: false marking - Bilski - Viacom v. YouTube - Tiffany v. eBay - Righthaven - China and IP - USPTO Peer-to-Patent program ...
  
• In Finance & Banking: TARP - "say on pay" - Dodd Frank - whistleblower protections - new proxy rules ...
  
• In Tax Law: Tax Relief Act - 401(k) plans - Roth conversions - Federal Estate Tax Law - non-profit Form 990 -  FBAR ...
  
• In Insurance Law: D&O Insurance - Patient Protection and Affordable Care Act - medical loss ratio regs - HIPAA - dependant coverage - rescission ...
  
• In Family Law: New York no-fault divorce - child support guidance - divorce and bankruptcy - same-sex divorce - collaborative divorce ...
  
• In Personal Law: online privacy - identity theft -  life estate deeds - family trusts - gift tax law - cyber bullying - TSA scanners - Bureau of Consumer Protection

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For your reference, here's a JD Supra reading list to do with the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 signed into law by President Obama on December 17 of this year:

- Tax Relief Act of 2010 passed by Congress (by Schottenstein Zox & Dunn Co., LPA):

"The Tax Relief Act provides extensive tax relief for taxpayers at all income levels. Estimated to cost $858 billion, the Act includes a two-year extension of the Bush-era tax cuts, an extension of the alternative minimum tax (AMT) patch, a temporary payroll tax reduction, restoration of the estate tax for individuals with estates in excess of $5 million and extensions of several other tax breaks..." Read more>>

- 2010 Tax Relief Act (by Thompson Coburn LLP):

"The Act, which only covers years 2010 through 2012, contains a wide variety of income and other tax-related provisions. Included here is a brief summary of the gift, estate and generation-skipping transfer (GST) tax provisions followed by a few planning considerations, some of which need to be implemented no later than December 31, 2010..." Read more>>

- President Signs Tax Relief, Unemployment Insurance Reauthorization and Jobs Creation Act of 2010 (by Luce Forward):

In this 11-page alert: "Individual Tax Rate Provisions; Alternative Minimum Tax Relief; Individual Deductions and Credits; Education Benefits; Stock/Bond Provisions; Disaster/Economic Development Incentives; Estate and Gift Tax Provisions; Business Incentives; Social Security Tax Cut; Energy Incentives; Business Tax Relief; and, GO Zone Disaster Relief..." Read more>>

- Tax Relief and Job Creation Act Becomes Law (by Dinsmore & Shohl LLP):

"For businesses, the 2010 Tax Act increases bonus depreciation to 100 percent, allowing the immediate deduction of all investment, for qualified investments (generally, machinery, equipment and furniture, computer software and certain leasehold improvements) made after September 8, 2010 and before January 1, 2012, and permits 50 percent bonus depreciation for qualified property placed in service during calendar year 2012..." Read more>>

- President Signs the 2010 Tax Relief Act Giving Taxpayers a Measure of Tax Certainty (by Manatt Phelps):

"The 2010 Tax Relief Act provides much-needed certainty for individual and business tax planning over the next two years. In theory, it should inject billions of dollars into the U.S. economy..." Read more>>
  
- Significant Modifications Made to the Federal Estate & Gift Tax (by Fox Rothschild):

"The exclusion from estate tax is increased to $5 million and is further indexed for inflation for decedents dying after 2011. The maximum federal estate tax rate as well as the generation skipping transfer tax rate are each set at 35 percent. The gift tax continues to remain in effect with the applicable exclusion remaining at $1 million per individual for taxable gifts made during 2010 and subject to a 35 percent rate. For gifts made after 2010..." Read more>>

- How the New Estate Tax Law Affects You and Your Estate Plan (by Darlynn Morgan):

"Well for many of my clients, it means business as usual. The folks worth over $10 million have historically planned for estate taxes, as their net worth has always pushed them over the Bush-era exemption level. So nothing changes there. And of course anyone with a net worth under $5 million (or $10 million for couples) can now rest easy knowing they will legally escape the grasp of Uncle Sam should they pass away over the next two years. Yet what's important to remember is that this new tax law is not permanent..." Read more>>

- Extension on 100% Tax Exemption for Gain on Certain Qualified Small Business Stock (by Foley Hoag LLP):

"The 2010 Tax Relief Act extends a tax benefit whereby gains from the sale of certain qualified small business stock ("QSBS") can qualify for a total exclusion from federal income taxation. This tax benefit was set to expire on December 31, 2010. The new law would extend the benefit to stock acquired from qualifying issuing corporations after September 27, 2010 and on or before December 31, 2011, provided certain holding and other requirements are satisfied. Under the extension..." Read more>>

- Payroll Changes Require Immediate Action as Result of New Tax Package (by Partridge Snow & Hahn LLP):

"The Act provides a two percentage point payroll tax cut for employees, reducing their Social Security tax withholding rate from 6.2 percent to 4.2 percent of wages paid. This reduced Social Security withholding will have no effect on the employee's future Social Security benefits..." Read more>>

- President Obama Signs 2010 Tax Relief Act (by Morrison & Foerster):

"The Act extends the Bush era tax rates for individuals. In addition to extending favorable rates, it also has some important business incentive provisions that our clients should be aware of. Finally, the Act includes temporary modifications to the estate, gift and generation-skipping transfer tax rules. This Client Alert summarizes the key provisions..." Read more>>

Also see earlier alerts:

Tax Relief Act Has Small Bus Investment Incentive (Sanford Millar)
Extension of the Bush Tax Cuts (Venable LLP)
Details of New Tax Bill Beginning to Emerge (Luce Forward)

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For your reference, here's what lawyers and law firms are writing about cloud computing. A business law reading list:

- A Legal Guide to Cloud Computing (by Scott & Scott LLP):

"Even though cloud computing promises huge cost savings, the risks associated with cloud computing are significant. One of the main characteristics of a cloud-based service is that customer data is being stored and processed by the vendor. This basic design feature creates business risks, regulatory responsibilities, and legal risks which need to be identified and addressed by both the customer and the vendor. Each party must completely understand these risks in order to have a successful cloud computing deal..." Read more>>

- Safely Storing Confidential Customer Data in the Cloud (by Dinsmore & Shohl):

"...Businesses should understand, both from a legal and technological perspective, how to use cloud computing safely to store personal data about their customers. Some privacy and data security laws have been in place for years. For instance, HIPAA regulates the privacy and security of medical information, the Graham-Leach-Bliley Act controls how financial institutions must safeguard customer data, and the European Union's privacy directives regulate..." Read more>>

- Who is Mining the Store? Corporate Governance and Data Privacy/Security Issues (by Fox Rothschild):

"The key component to the successful implementation of cloud computing is the agreement between the customer and the third-party service provider. To avoid costly mistakes, a customer must craft an agreement that addresses anticipated problems such as: (i) where will the data reside and will it be backed up? (ii) who will have access to the data and will there be different levels of access? (iii)who will supervise the project and will there be monitoring and auditing of the policies and procedures? and (iv) what security measures are in place?" Read more>>

- Cloud Computing: The Issues Are Cloudy in the Clouds (by John Watkins):

Includes "a list of issues that one might wish to consider asking a vendor or otherwise considering in entering into a possible cloud computing arrangement: What contractual obligation will you assume to protect my data? What contractual obligation will you assume regarding uptime, if any?"  Read more>>

- How a data-escrow agreement with your hosting provider can potentially save your business (by Jason Molder):

"...the hosting provider is typically required to mirror the data you store with it (at an agreed-upon frequency) with yet another third party, the data escrow agent. The data escrow agent then holds a copy of the data, should access to it ever be necessary. Both the data escrow agreement with your hosting provider, and the terms of the actual escrow agreement with the data escrow agent, should address in detail who can access the data, when, and under what terms." Read more>>

- When Cloud Computing Meets E-Discovery Obligations (by Carlton Fields):

"A company utilizing a cloud vendor should make every effort to avoid a situation in which it is charged with the ability to preserve and produce electronically stored information (ESI) but lacks the authority - or at least the clear authority - to discharge its obligations..." Read more>>

- Protecting Innovation in Cloud Computing (by Christopher Palermo):

"...does cloud computing require fundamental changes in the way that practitioners approach patent drafting and claiming, or other issues of innovation or intellectual property protection? This article concludes that the answer is no, but that special sensitivity is needed to the particular technical context of cloud computing inventions in performing the ordinary services of patent counsel." Read more>>

Cloud Computing and Outsourcing: Is Data Lost in the Fog? (by Morrison & Foerster):

Written June, 2009 - "...at this point in its development, outsourced cloud computing fails to address important questions of legal risk associated with knowing where data is stored and transmitted. This Alert discusses several of these issues, which must be considered by companies turning to third-party cloud computing solutions." Read more>>

- The Ethics and Security of Cloud Computing (by Jack Newton, Clio):

Focused on considerations in the legal profession, but offering insights and perspective of value to all businesses. Includes overviews of the benefits of cloud, ethics issues, a security checklist, a privacy checklist... Read more>>

(Also see from Clio: Is Cloud Computing Green Computing?)

Related: On Cloud Computing and the Legal Profession

• Lawyering in the Cloud: Where Do You Start? (Donna Seyle)
  
• Putting Your Practice in the Cloud - A Pre-Flight Checklist (Jack Newton, Clio)
  
• North Carolina Proposed Ethics Opinion on Cloud Legal Practice Management and Time and Billing Software (Larry Port, Rocket Matter)
• "The Cloud" Explained, Part 1 of 2 (Larry Port, Rocket Matter)
  
• Letter to NC Ethics Committee Re Cloud Computing (Carolyn Elefant)
• Cloud Computing and Virtual Law Practice (Kimbro Legal Services)
• Don't Fear the Cloud (Nicole Black)
• Lawyers in "The Cloud" - A Cautionary Tale (Garry Wise)
  
• Oregon Law Practice Management: The Ethics of Cloud Computing (Beverly Michaelis)
• Legal Implications of Cloud Computing -- Ethics (Tanya Forsheit)

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(Anything to add? Let me know.)

 

For your reference, here's a look at what lawyers and law firms on JD Supra are writing about year-end tax planning [Updated 12/21]:

- Donate to Charity for Tax Benefits (by Darrin Mish, Tampa Tax Attorney):

"Most of us know that donations in cash will make you eligible for tax deductions. All charities will accept checks and most would also accept gifts designated for specific activities you like. If you wish to designate your gift toward a particular effort of your charity, just make your wishes known to them. You can also gain tax benefts is by giving gifts of property to your charity. All you need to do is itemize the gifts you gave on your income tax return and you can deduct the value of your gifts..." Read more>>

- Time for Corporations to Get Ready to Issue Annual ISO/ESPP Information Statements and File New Information... (by Sheppard Mullin):

"In January 2011, Employers must furnish each employee who exercised incentive stock options ("ISOs") or sold or otherwise transferred shares acquired under an employee stock purchase plan ("ESPP") during 2010 with a detailed information statement by January 31, 2011, and must also file an information return with the Internal Revenue Service (the "IRS") by February 28, 2011 (March 15, 2011 for corporations filing electronically)..." Read more>>

- Estate Planning Outlook: Are You Prepared for the Impending Tax Law Change? (by Partridge Snow & Hahn):

"As we write this, the federal estate and generation-skipping transfer ("GST") taxes are scheduled to be reinstated on January 1, 2011, with a federal estate tax exemption of $1,000,000 and a maximum tax rate of 55%. The GST exemption will be $1,360,000. After years of benefit from a rising exemption (from $1,000,000 in 2002 to $3,500,000 in 2009) and a year of total repeal in 2010, we find ourselves once again facing higher federal estate tax rates and a limited exemption..." Read more>>

- Why Now is the Time to Give: 2010 Presents Unique Gifting Opportunities (by Jackson Walker):

"Because the current federal gift tax rate is historically low, and because there is no generation-skipping transfer ("GST") tax applicable to generation-skipping transfers made this year, 2010 presents unique gifting opportunities for individuals wishing to make taxable gifts to children, grandchildren or other loved ones. However, time is of the essence..." Read more>>

- Year End Opportunities for Wealth Transfer and Tax Savings to Consider (by Lane Powell PC):

"Many of the current income tax rates were enacted as part of comprehensive tax legislation enacted in 2001. This legislation is scheduled to expire at the end of 2010 and it is uncertain what path the new Congress will take in January 2011. However, if Congress does not act, individual income tax rates will rise in 2011, returning to the rates applicable in 2001. As with the gift planning opportunities identified in the next section below, the strong potential for an increase in individual income tax rates in 2011 creates incentives for 2010 year-end tax planning strategies..." Read more>>

- 2010 Year-End Estate Planning Advisory (by Katten Muchin):

"If you wish to make gifts this year to take advantage of the 35% gift tax rate but would like to hedge against a possible retroactive reinstatement of the GST tax and a higher federal gift tax rate, you should consider making a gift to a "disclaimer trust" for your spouse. Before the end of this year you would create a lifetime trust for your spouse. The gift would not be subject to gift tax as long as your spouse is a U.S. citizen and the trust is created to qualify as what is known as a QTIP trust, which requires your spouse to receive all of the trust income currently..." Read more>>

- Federal Law Excludes 100% of Gains on Qualified Small Business Stock Acquired By December 31, 2010 (by Fox Rothschild):

"On September 27, 2010, President Obama signed the Small Business Jobs Act of 2010 aimed at encouraging investment in small businesses. One of the Act's most important provisions is the amendment of Internal Revenue Code Section 1202 that permits the temporary exclusion of 100 percent of the gains on the sale or exchange of qualified small business stock. However, taxpayers must act within limited time periods to take advantage of this provision as the 100 percent exclusion only applies to qualified small business stock acquired between September 27, 2010, and December 31, 2010..." Read more>>

- Year-End Executive Compensation Matters and Issues Going Forward (by Manatt Phelps):

"As we approach the end of the year, companies need to be mindful that their ability to correct documentary failures of Section 409A with little or no adverse tax consequences is rapidly closing and that new executive compensation reporting requirements will be required in the upcoming year, pursuant to the Dodd-Frank Act..." Read more>>

Additional year-end tax articles & alerts:

• Tax Relief Act of 2010: What Lawyers are Saying (JD Supra)
  
• In-Plan Roth Rollovers: Answers Issued By IRS (by Warner Norcross & Judd)
  
• Legislative Update: Estate Tax Provisions (by Cole Schotz)
  
• A Truly Unique Holiday Gift! (by Sabrina Winters)
• Estate and Gift Planning Update - November 2010 (by Cole Schotz)
• Year-End Wrap-Up for Benefit Plans (by Venable LLP)
• Year End Deadline for Penalty-Free Section 409A Corrections (Venable LLP)
• Section 409A Compliance: A Second Bite at the Apple Ends December 31st (by Mintz Levin)
• Small Business Jobs Act Offers Tax Incentives (by Dinsmore & Shohl LLP)
• Eligible Investors May Receive 100% Tax Exemption for Gain on Certain Stock Acquired Before Year-End (by Foley Hoag)
• Time to Use or Lose Your Flexible Spending Account Funds (by Sand Anderson PC)
  

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I want to share a presentation I recently put together that features news pickup around the Web of law firm content posted on JD Supra (click link for copy). The slides show bloggers, editors, journalists, community leaders, and news curators of every sort sharing JD Supra legal content with their own specific audiences.

We often compile reports like this for ourselves - internal measures of where and how sites reference work posted on JD Supra. But this time, as I gathered these slides, it occurred to me that the Age of Curation truly is upon us now. I think it important to be aware of this if you are serious about using content to increase visibility and market your law firm online.

Law Firm Marketing in the Age of Curation

In this latest snapshot you'll see JD Supra references in stories at the San Francisco Chronicle and Los Angeles Times; links from niche news sites like TheStreet.com and techdirt; pickup on government websites (U.S. Department of Defense, California EPA, and Open Congress); mentions on blogs to do with healthcare reform, 401(k) planning, parenting, tech innovation, the foreclosure crisis, Indian gaming, timeshares; and links from community-driven news and information resources like Wikipedia and reddit.

It's a diverse collection of sources and subjects - as diverse and as interesting as the legal content posted on JD Supra in the first place - and, in terms of meaningful online visibility, it's just the tip of the iceberg.

To "increase online visibility" of course means something different for each of us, both in objective and the ways we achieve those objectives. For some, it means doing well in Google search results. For others, "online visibility" is strictly a matter of building relationships on social platforms. For others still, it's all about using content to establish expertise and authority. (Luckily, it can be all of these things and more - which is why at JD Supra we tend to build tools and services addressing all of these needs, and then some.)

Today, anyone interested in increasing online visibility must take into account the role Curation plays in this noisy Web landscape - especially lawyers and law firms, with whom it's not just a question how many people read your work but exactly who reads your work. (Once, I said to a client of ours, "We're looking forward to increasing readership of your firm's work." Eager to please, but I meant it. She replied, "I don't care about numbers, I just want the right people to read it.")

Curation delivers a target audience, the readers you want.

I'm sure I'm not alone when I say the Web groans under its own weight - the Age of Information is becoming the Age of Too Much Information. Google and Facebook battle it out daily to show us who delivers more relevancy. And in the meantime, niche websites, subject-specific communities, and news resources are born to help separate the wheat from the chaff, give us what we need and filter out the rest. (Brian Solis touches upon this in his Three C's of Information Commerce: Consumption, Curation, Creation. I love his phrase: "An audience with an audience with an audience.")

The Takeaway for Law Firms?

1. If you want to be seen, found, read, understood, "followed", "liked," and otherwise known for your particular legal expertise and service online, start by considering who you are trying to reach.

2. Write for that audience. You've heard it before, in this blog and elsewhere: think like an editor. Write analysis and commentary that addresses the needs and concerns of your target readers; don't just write promotional fluff.

3. Build relationships; do what you can to increase visibility in search results; add the latest bells and whistles to your website or blog ... but also know where your ideal audience gathers, and do what you can to be included there. (Don't wait for readers to come to you, it may never happen. Take your work to your readers.)

Let us know if you'd like help with item #3
We'd be happy to help>>

With increased interest in the Development, Relief and Education for Alien Minors Act ("Dream Act") - and a vote in Congress imminent - here's a quick JD Supra legal reading list on the bill:

• Why we need the DREAM ACT now! (Nachman & Associates - Sept, 2010):

"...nothing could be more pressing than the one facing many talented young people in our country. In his July 1, 2010 remarks on CIR, President Obama pointed out that many of the 11 million illegal immigrants amongst us came to the US with young children in tow."

• Economic Opportunities of the DREAM Act (Ronald Shapiro - Oct, 2010):

"...The Act, which would grant conditional legal status to young immigrants who are pursuing college educations or serving in the U.S. military, offers potential benefits not only for aspiring young residents, but for U.S. taxpayers as well. Immigrants who had career opportunities to become future doctors, nurses, teachers, other kinds of professionals, or educated entrepreneurs could make greater contributions to the U.S. economy and to the U.S. tax base."

• Requirements for Eligibilty for Legal Status under The DREAM Act (Chavin Immigration Law Office):

"Drafters call the new legal status offered by this bill "conditional nonimmigrant." CNI status would be granted for ten years. It could then be converted to regular green card status, and in three years time after that, US citizenship. The status itself is conditional on maintaining "good moral character," a clean criminal record, and other good immigrant behavior..."

• Immigration Alert: Senate Vote on DREAM Act Imminent (Mintz Levin - Sept, 2010)
• Edward Schumacher-Matos: Why We Need the Dream Act (Robert Kraft - June, 2010)
• Extending the American Dream to Immigrants (Ronald Shapiro - July, 2010)
• Siskind's Immigration Bulletin - November 22, 2010 (Gregory Siskind - Nov, 2010)
• Summary of The Comprehensive Immigration Reform Act of 2010 Relating to Employers (Poyner Spruill - Oct, 2010)

Stay in touch with this and other immigration topics on:
Twitter - Facebook - LinkedIn - RSS

Lawyers, increase your readership, post your work on JD Supra today

For your reference, a list of some of the most-viewed documents on JD Supra for November, 2010:

1. 2010 California General Election Results
[By: Manatt Phelps |In: Elections & Politics]

2. In re BNA Subsidiaries, LLC - Motion for Approval of Debtor-in-Possession Financing
[By: Randall Reese netDockets.com |In: Bankruptcy, Finance & Banking]

3. Social Media Policies Reduce Discovery Risks: Are You Prepared?
[By: Armstrong Teasdale LLP |In: Employment Law, Business]

4. 2010 General Election Results (Texas)
[By: Smith Law Group, P.C.  |In: Elections & Politics]

5. 401(k) Fee Simple Absolute
[By: The Rosenbaum Law Firm P.C. |In: Tax Law, Employment Law]

6. WaferGen and Generex Receive IRS Grants
[By: Darrin Mish, Tampa Tax Attorney |In: Tax Law, Health Law]

7. 10 Headaches for MERS
[By: Richard Kessler |In: Real Estate]

8. Compliance with the New Risk-Based Pricing Rule
[By: Morrison & Foerster LLP |In: Finance & Banking, Consumer Protection]

9. Immigration Insights (October 2010)
[By: Dinsmore & Shohl LLP |In: Immigration Law, Communications & Media Law]

10. Why You Shouldn't Hire Your Payroll Company To Run Your 401(k) Plan
[By: The Rosenbaum Law Firm P.C. |In: Tax Law, Employment Law]

11. Immigration Fees Increase; November Cut-Off Dates See Little Movement
[By: Duane Morris LLP |In: Immigration Law]

12. USPS Heading Towards Bankruptcy
[By: Tampa Bay Bankruptcy Center, P.A. |In: Bankruptcy]

13. Can You Handle the Truth About Emerging Trends in Real Estate 2011?
[By:  Lane Powell PC |In: Real Estate, Finance & Banking]

14. New Federal Rule on Experts Takes Effect Dec. 1
[By: IMS ExpertServices |In: Electronic Discovery]

15. Facebook Firing? NLRB Complaint Alleges Employer Violated Employee's Rights
[By: Dinsmore & Shohl LLP |In: Labor & Employment Law]

16. Mastering the Legalities of Medical Marijuana
[By: Dinsmore & Shohl LLP |In: Health Law, Criminal Law]

17. Kiobel v. Royal Dutch Shell Petroleum (No Corporate Liability Under AlienTort Claims Act)
[By: Santiago Cueto |In: International Law & Trade, Business Torts]

18. FCPA Settlement Day: DOJ Guidance on the Best Practices of a Corporate Compliance Program
[By: Thomas Fox |In: International Law & Trade, Securities Law]

19. Estate Taxes On the Rise?
[By: Warner Norcross & Judd  |In: Tax Law, Trusts & Estates]

20. Lenders Beware: The Threat of Equitable Subordination in Bankruptcy Cases
[By: Poyner Spruill LLP |In: Bankruptcy, Civil Procedure & Remedies]

21. Regulating Online Marketing? Red Alert - The ABA Isn't the Enemy
[By: Ross Fishman |In: Legal Marketing]

22. E-Discovery in Cross-Border Litigation: Taking International Comity Seriously
[By: Venable LLP |In: Electronic Discovery, International Law]

23. Deposition Transcript Dailies - Tricks And Tips For Court Reporters
[By: Kramm Court Reporting |In: Law Practice Support]

24. Hospital's Participation in TRICARE Subjects it to Federal Contractor Affirmative Action Obligations
[By: Ford & Harrison LLP |In: Health Law, Employment Law]

25. Repelling the Social Attack Requires Legal and PR Savvy
[By: Sands Anderson PC |In: Communications & Media Law, Commercial Law]

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Want more? follow @JDSupraBuzz for daily updates on trending topics, searches, and documents. A great way to see what's hot and find fodder for your own next article or post.

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Archive:
- Most-viewed on JD Supra: October, 2010
- Most-viewed on JD Supra: September, 2010
- Most-viewed on JD Supra: August, 2010
- Most-viewed on JD Supra: July, 2010

Lawyers, find an audience for your written work. Upload to JD Supra now!