Member News

TAGLaw's Southern California Member Firm Scores:
29 Chosen to 2009 Southern California Super Lawyers List

Twenty-nine MS&K attorneys have been selected for inclusion in Southern California Super Lawyers magazine which recognizes the top 5% of lawyers in Southern California. Labor & Employment partner Kimberly Talley was singled out as one of the Top 50 Women Lawyers in Southern California.  For more information visit

Is it an offshore sham?
A balanced perspective is welcomed.

Sophia Harris, Solomon Harris – Cayman Islands
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these sophisticated offshore structures are very familiar nowadays to the judiciary who have to try them.  They neither impress, intimidate, nor fool anyone.  The courts have lived with them for years.’

-           Coleridge J in J v V 2003 EWHC 3110 (Fam), 2004 1 FLR 1042

It is interesting to note the air of adversity that has intensified over the past few months between the powers that be of the onshore jurisdictions, and those of the offshore jurisdictions, particularly in the face of collapse of the economic stability of certain onshore jurisdictions.  For those offshore jurisdictions that feel they have been well regulated and well managed over many years and have worked hard to ensure their good standing in the global market, it would seem unfair and unfounded.  Such offshore jurisdictions take the view that it would require instead, introspective soul searching of those onshore jurisdictions that have allowed overall poor management and poor judgment to possibly cause their own demise.  Such a demise that has regretfully taken along with them, other jurisdictions whose markets are naturally well intertwined with theirs.

Read more: Is it an Offshore Scam?

Herrick Prevails in Winstar Case
Kudos once again to the bankruptcy team at TAGLaw's New York member firm, Herrick, Feinstein, which prevailed at the Court of Appeals for the Third Circuit in the Lucent-Winstar litigation. After winning at the bankruptcy court level and an initial appeal to US District Court, Herrick successfully argued to the Court of Appeals in a case now valued at about $340 million. This case also changes dramatically the bankruptcy landscape by defining for the first time instances where a company can by its own actions make itself an "insider" of another company -- a crucial (and unwanted) designation in preference cases. The Third Circuit panel, in upholding the District Court, found Lucent to be an insider of Winstar, meaning that a $188 million payment by Winstar to Lucent, more than three months before that company declared bankruptcy, must be disgorged to the Winstar bankruptcy estate as a preference payment.  The decision deals with other significant bankruptcy issues, such as earmarking, new value, core versus non-core jurisdiction, right to a jury trial and equitable subordination. This judgment is the only significant asset remaining in the estate and will allow the Winstar bankruptcy Trustee to make payments to certain of Winstar's creditors.

Read more: Herrick Prevails in Winstar Case

The Appleton Group Awarded Export Achievement Certificate

On behalf of the U.S. Commercial Service, a unit of the U.S. Department of Commerce, U.S. Congressman C.W. Bill Young recently presented the Export Achievement Certificate to The Appleton Group for its aggressive pursuit of challenging markets worldwide, through which the TAGLaw and TIAG networks have grown by more than 50% within the past five years.

Over the last ten years The Appleton Group has developed TAGLaw and TIAG by recruiting the most extensive and capable law and accounting firms within each firm’s respective region. The two networks span the globe with 240 firms operating out of more than 450 offices in over 80 countries. More than 9,000 professionals are available to serve the legal, business, accounting and financial needs of member-firms’ clients. One-third of the firms are in North America, another third in Europe, and the remainder in Asia Pacific, Latin America, Africa and the Middle East.

Carter Newell named as the Queensland Law Society’s Employer of Choice 2008

Carter Newell, TAGLaw's Brisbane-based member firm, has been awarded ‘Employer of Choice’ by the Queensland Law Society at the annual President’s Cocktails and Awards function in December 2008.

The firm was announced as a finalist alongside two other firms by the judging panel, which consisted of the President of the Queensland Law Society, Megan Mahon and the chair of the Society’s Equalising Opportunities in Law Committee.

In presenting the award, Megan Mahon made reference to Carter Newell’s strong values, flexible work/life balance and the firm’s long standing commitment and support of staff and in particular staff participating in the Job Placement Disability Employment Network.

“Your selection as a finalist reflected well on the hard work that you had put into your culture over the past five to ten years and your selection as the Award recipient certainly proves that the hard work was well worth it”, said Megan Mahon, Queensland Law Society President.

Read more: Carter Newell - Employer of Choice