The Legal 500

United States > Tax > Overview

Editorial sections

Other

All countries

The volatility in the markets resulted in a drastic slowdown in transactional work across the board, continuing a trend having its origins in the 2008 financial crisis. In this cost-conscious climate, deals have tended to become more tax intensive than ever before, with clients demanding to see value. Tax lawyers working in national and international markets alike have benefitted from the elevated level of internal restructurings, including tax-free spin-offs, often pulling together assets needing to be separated within corporations spread across a number of jurisdictions.

Fiscal stresses are not limited to the federal authorities and the tougher approach in parts of the US with regard to state and local taxation has precipitated a high volume of litigation in the face of fewer opportunities for settlement. Driven by the need to raise revenue, state authorities have also brought about a significant increase in intrusive discovery requests, which has had the effect of elevating the tax function of some state and local tax practices to far higher levels of client contact.

In the centers of high finance on the East Coast, the cookie-cutter work which has characterized the past few years has fallen-off in preference to more partner-intensive, highly negotiated transactions that allow for less delegation. Firms are getting less leveraged as the trend moves towards carving out businesses, handling joint ventures, and strategic synergistic acquisitions in a more sophisticated, precise business environment distinguished by restructurings and a relative dearth of leveraged buyouts.

Bankruptcy refinancing has grown significantly as companies who took advantage of cheap money available back in 2008-09 have begun to default on their refinanced obligations, leading also to discussions over consensual dealings with banks and bankruptcy filings, while lenders have little interest in repossessing assets.

On the West Coast, Silicon Valley firms continue to be the envy of tax planning and IP practices around the world; many have continued to expand their international footprint, particularly in Asian markets, in the modern global economy where valuable IP rights are less and less the preserve of hi-tech businesses. Alternative energy work has seen an uptick, with real estate tax also moderately more active. However, the overall finance practice has been flat to down, reflecting the economy as a whole.

Booming energy MA continues to buoy firms in the Central US, driven by high commodity prices and technological advances which have made the vast shale gas reserves recoverable. MLPs are still big and the energy space has seen a number of traditional IPOs, while cash-and-carry transactions have also been very popular throughout 2011.

Within financial products, the teams covered tend to work closely with their respective finance departments, not only in an advisory capacity, but also actively involved in the development of complex and innovative financial products. Work continues to be influenced by the global financial crisis, although there has been renewed activity in general across the financial industry, particularly with regards to banks searching for new ways to raise low-cost financing. Several firms have also witnessed an increase in international, cross-border activity.

The firms covered in the tax controversy section have significant dedicated groups working across both federal and state tax controversy matters, with the approach of both federal and state authorities consistently reported as aggressive. The teams have witnessed an increase in international work, particularly regarding transfer pricing. A few of the firms listed handle criminal tax disputes, and those which do are noted.

Press releases

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Jersey Royal Court considers measure of damages for dilapidations claims

    In the absence of any statutory provision in Jersey addressing how dilapidations claims are to be quantified, the Royal Court's decision in JSSL v Barclays has provided some much needed guidance, particularly in circumstances where there is an acceptance that works to redress dilapidations have not been and will not be carried out.
  • English Supreme Court rules on Mistake and Hastings Bass

    On 9 May 2013 the English Supreme Court handed down a unanimous judgment on the seminal cases of Pitt-v- Holt and Futter -v- Futter , with Lord Walker's valedictory judgment conclusively resolving the English position on the rule in Hastings Bass and rescission on the ground of mistake.
  • Getting the breaks

    Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • Product liability and dietary supplements

    Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • The calm before 
the storm: are 
you prepared for 
a dawn raid?

    WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • International shipment of waste: transporters beware

    Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here
  • Cyprus Shipping Industry : Business as usual. Why despite recent events Cyprus remains an internatio

    Cyprus is the third most populated island in the Mediterranean Sea. It is strategically located at the crossroads of Europe, Africa and the Middle East. Traditionally Cyprus has always been at the heart of the seafaring trade and therefore always functioned as an important centre for trade and commerce. Today as a member of the European Union it remains an optimal business base. It is one of the most attractive locations for foreign investments worldwide. Foreign companies have been given the opportunity to invest and establish business in Cyprus on equal terms with local investors as no distinction is made between foreign and Cypriot companies.
  • FOREIGN EXCHANGE OPERATIONS

    The excellent support system in combination with the ideal jurisdiction provided in Cyprus set the country in the list of the most desirable countries through which you can offer foreign exchange operations. In addition, the accession of Cyprus within the European Union and, most importantly, the extremely beneficial economic advantages available due to the low costs and the outstanding taxation, create a covetable environment for foreign investors.
  • National public order. Adoption of the Draft

    The Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter - SCC RF) adopted by the Informative Letter No. 156 dated the 26th of February, 2013 (hereinafter - the Informative Letter) on Review of the consideration by arbitrazh courts of the cases on the implementation of the public order clause as the ground for rejection of the recognition and enforcement of the foreign court decisions and arbitral awards.
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.

Press Releases worldwide

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to