Unanimous Supreme Court Sides with IRS that a Corporation’s Redemption Obligation Is Not a Liability That Offsets the Value of Life Insurance Owned by the Corporation

The Supreme Court resolved unanimously a common estate tax issue for many closely-held companies. The issue in Connelly v. United States was “whether the corporation’s obligation to redeem [a deceased shareholder’s shares] was a liability that decreased the value of those shares.” The court concluded it was not. Family-owned companies will often purchase life insurance […]

Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state. A fragile U.S. economy, a struggling global economy, high inflation and interest rates, a tight labor market, the collapse of several large crypto firms, and unpredictable fuel costs will likely create a material increase in D&O claims activity in a wide variety of industries. […]

Insurance Issues Arising After Mass Shooting Occurrences

There is no question that mass shooting incidents in this country are unfortunately continuing at a staggering pace. As of April 29, the crowd-sourced “Mass Shooting Tracker” project, which considers a mass shooting to include a single incident in which four or more people are shot in any incident, lists 163 incidents that fit this […]

Insights

Dividend Recaps: Potential Risks for Private Equity Firms and Their Insurers

Bailey Cavalieri’s own Elan Kandel and James Talbert in collaboration with Sarah Abrams of Bowhead Specialty Underwriters, Inc., have co-authored an insightful piece on dividend recapitalization for the D&O Diary with Kevin M. LaCroix, attorney and Executive Vice President, RT... Read More

Ohio Reduces Its Income Tax and Commercial Activity Tax

On July 4, 2023, Governor Mike DeWine signed the Ohio Biennial Budget Bill (House Bill 33) into law. Included in the Budget Bill are dramatic changes to the Ohio personal income tax and commercial activity tax. Personal Income Tax Since... Read More

Rhode Island Gift Card Scam Notice Legislation Enacted

Rhode Island companion bills S 759 and HB 5732 were signed by the Governor on June 20, 2023. The new law requires sellers of gift cards to display a “conspicuous notice, in a form prescribed by the department of business... Read More

Rhode Island Legislation Requiring Gift Card Retailers to Display a Scam Notice

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Rhode Island is on the verge of enacting legislation that will require retailers to post a warning about gift card scams. Similar to legislation that was recently enacted in New York, companion bills S 759 and HB 5732 require sellers... Read More

New York Division of Consumer Protection Publishes Model Gift Card Scam Notice

Effective June 20, 2023, sellers of gift cards in New York will be required to post a warning of potential gift card scams. The New York Division of Consumer Protection released model notice language on May 25, 2023, that businesses... Read More

Gift Card Update: “Granny Scam” Legislation March 2023

Certain states have recently enacted or proposed legislation requiring sellers of gift cards to warn customers and employees about gift card scams and what to do if they encounter such a scam. This month’s Client Alert summarizes new gift card... Read More

Postnuptial Agreements Soon Permitted in Ohio

The Ohio legislature recently passed Senate Bill 210, permitting spouses to enter into a postnuptial agreement. Newly revised Section 3103.06 of the Ohio Revised Code permits spouses to enter into an agreement or transaction with one another that “alters their... Read More

March 31st is the Deadline to Challenge Your Property Tax Valuation and This Year, the Rules Have Changed

The March 31 deadline to file property tax challenges rapidly approaches. This is the first cycle after Ohio enacted fundamental property tax reform. House Bill 126 now restricts the school districts’ ability to challenge property tax values for most taxpayers.... Read More

Cutting through the Noise: What Your Business Needs to Know About the FTC’s Proposed Rule to Ban Non-Compete Agreements

Kicking the New Year off with an unpopular bang, the Federal Trade Commission (“FTC”) announced a Proposed Rule in January 2023 that would broadly ban non-compete agreements between employers and their workers. (The proposed rule is available at: https://www.ftc.gov/legal-library/browse/federal-register-notices/non-compete-clause-rulemaking (issued... Read More

Ringing in the New Year with the Highest-Ever Exemption Amounts for Gift and Estate Taxes

For 2023, the IRS announced increased exemption amounts for gift, estate, and generation-skipping transfer taxes. Because of inflation, these increases are the largest-ever, and offer tremendous wealth transfer planning opportunities. The gift tax annual exclusion increased this year by $1,000... Read More

Ohio Senate Bill 246: Pass-Through Entity Tax and the New Ohio SALT Cap Workaround

Ohio Governor Mike DeWine recently signed Senate Bill 246, which will save many Ohio taxpayers thousands of dollars in federal income tax. Senate Bill 246 (the “Bill”) functions as a workaround to the $10,000 state and local tax (SALT) itemized... Read More

Ohio’s Commercial Activity Tax: Don’t Let the CAT Get Your Tongue

Over a decade ago, Ohio fully phased in the Commercial Activity Tax (“CAT”) which replaced the business franchise tax and the personal property tax. The CAT functions as a business privilege tax measured by gross receipts on commercial activities. Taxable... Read More

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