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Corporate Tax Litigation in Canada ( June 2005 )
The most important event in Canadian tax litigation was the decision of the Supreme Court of Canada on June 24, 2004, to hear two tax cases involving the general anti-avoidance rule ("GAAR"). The cases, Kaulius v. The Queen1 and The Queen v. Canada Trustco Mortgage Company,2 will be the first cases heard by the Supreme Court of Canada where GAAR is the central issue. -
Starting your own Practice, Starting with Yourself ( November 2005 )
The most valuable assets to any practice are the lawyers that make up that practice. It sounds basic, but can be easily overlooked and underestimated. Everything you need to be successful is in your reach, but you must reach out to get it. -
Battered Woman's Syndrome: Trial Tactics ( August 2005 )
Now that the battered woman syndrome (BWS) has gained recognition in Tennessee, the "defense" can serve as another tool to defend women accused of crime. Having been through a few of these trials, I have been asked to offer some suggestions which might be of assistance in this type of case. -
Thirteen Tips For Improving Client Relations ( August 2005 )
The most neglected person in any civil or criminal litigation is often the client. We spend so much time preparing for the case and dealing with the other lawyers and the court that we often forget about building a relationship with our own client. -
Federal Circuit Abolishes Negative Inference from Willful Patent ( June 2005 )
In a landmark decision, the Court of Appeals for the Federal Circuit overruled a long-standing precedent relating to willful patent infringement. In Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmBH v. Dana Corp., 383 F.3d 1337, 1341 (Fed. Cir. 2004) ("Knorr-Bremse"), the Federal Circuit abolished the negative inference that an opinion of counsel was or would have been unfavorable if an alleged infringer fails to produce or obtain an exculpatory opinion of counsel in response to a charge of willful patent infringement.
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