Impact of Tax Reform on Confidentiality Provisions in Sex Harassment Cases

A repercussion of the #MeToo movement is a new provision in the recently enacted amendments to the Federal Tax Code. Section 13307 of the newly revised tax code denies tax deductions for settlements and attorney’s fees subject to nondisclosure agreements paid in connection with sexual harassment or sexual abuse. While the proposition seems simple on its face, it raises a multitude of questions.

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Private Jury Trials Offer Litigants Distinct Advantages Over Public Jury Trials

Recently, the option of a private jury trial has been elected by litigants as the preferable means to gain control of trial proceedings.  The parties have the ability to select the judge, the bailiff, discovery limitations, rules of civil procedure and evidence, controlling law, length of trial, timing of trial commencement, orders of confidentiality, measures of security, and the finality of a decision.  Seeing that complex cases may take years to wind their way through trial and the appellate process at tremendous expense, the finality of decision holds a cost-benefit appeal for both sides.

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