Tax lawyers often provide clients with advice on how things should be treated on a tax return. Are these communications legal advice or accounting advice? What is the difference between tax advice and return preparation advice? Are there clear rules that provide guidance in these areas? This panel reviews the way in which courts apply the attorney client privilege to lawyers who give tax advice and explains how you can ensure that your communications with your client remain confidential.
Identify situations in which communications related to tax advice are and are not covered by attorney-client privilege.
Stephen Josey’s practice focuses on civil litigation, tax controversies, internal investigations, and white-collar criminal defense. He has particular experience litigating tax controversies in federal district and bankruptcy courts, and customs matters before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit
Carlos F. Ortiz is a partner at Norton Rose Fulbright and is a member of the firm’s Investigations and White Collar Defense team. Before entering private practice Mr. Ortiz had a distinguished 15 year prosecutorial career at the Department of Justice Tax Division and at the United States Attorney’s Office for the District of New Jersey where he served as Deputy and Acting Chief of the Criminal Division. Mr. Ortiz is a seasoned trial lawyer and has conducted numerous domestic and international internal investigations on behalf of companies.
Amy Walsh, a partner in Orrick’s New York office, is the former Chief of the Business and Securities Fraud Section of the United States Attorney’s Office for the Eastern District of New York.
Prior to entering private practice, Ms. Walsh was an Assistant United States Attorney for 12 years in the United States Attorney’s Office for the Eastern District of New York, where she led dozens of investigations and cases on behalf of the government, and supervised several sections within the Office.
Ms. Walsh is a trusted advisor to her clients, who hire her to handle matters involving government and internal investigations.
Mr. Comisky is the Chair of International Compliance with the law firm of Fox Rothschild LLP. Mr. Comisky concentrates his practice in the areas of civil and criminal tax litigation, anti-money laundering compliance and complex corporate and commercial litigation. Mr. Comisky is the co-author of Tax Fraud and Evasion which contains chapters dealing with money laundering and FATCA compliance issues. Mr. Comisky represents both corporations and individuals in criminal tax investigations, both administrative and grand jury. Mr. Comisky has represented individuals and entities in connection with issues relating to foreign bank accounts and has represented foreign financial institutions in connection with FATCA compliance. Mr. Comisky has also been retained on banking and other corporate compliance matters primarily relating to Bank Secrecy Act and related money laundering and asset forfeiture issues. Mr. Comisky has also been retained by directors and officers in civil and criminal securities litigation involving tax and accounting issues. Mr. Comisky has further handled other commercial litigation including RICO class action and other complex commercial disputes primarily in federal courts in Philadelphia and Florida. Mr. Comisky is an adjunct professor at the University of Pennsylvania law school teaching a course in money laundering.
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