Recent D&O Claims Developments

Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state, largely due to the potential for unprecedented and wide-spread changes directly and indirectly caused by the new Trump administration. Many of the predicted changes may appear to lessen D&O exposures, including more conservative judges and a more business-friendly regulatory environment. But other changes will […]

Unanimous Supreme Court Sides with IRS

Unanimous Supreme Court Sides with IRS

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 […]

Insurance Issues Arising After Mass Shooting Occurrences

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 […]

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Insights

John Marsh Addresses Avoiding Costly Litigation in Latest Blog Post:

Another Idea for Improving the Defend Trade Secrets Act: Providing an "Off Ramp" to the Plaintiff Who Wants to Avoid a Costly Litigation In a post last year, I proposed a solution for a recurring problem in trade secret litigation–namely,... Read More

Elan Kandel and James Talbert featured in the latest PLUS Podcast: What’s Ahead in the World of Private Company Claims?

Tune in for the full podcast here: PLUS Podcast: What's Ahead in the World of Private Company Claims? - PLUS Blog Read More

Deadline to Challenge Property Tax Valuations Looms

The April 1st deadline to file property tax challenges is rapidly approaching. Recent tax years have seen historically large property value increases. So, it is more important than ever to ensure your property is appropriately valued. And, because so many... Read More

Elan Kandel and James Talbert Featured in the D&O Diary’s 2023 Year in Review

Year in Review: 2023 Key Management and Professional Liability Insurance Coverage Decisions. The past year was marked by several pivotal insurance coverage decisions that cast fresh light on new and longstanding coverage issues facing management and professional liability insurers and... Read More

Ringing in 2024 with the Highest-Ever Exemption for Gift and Estate Taxes

For 2024, the IRS announced increased exemption amounts for gift, estate, and generation-skipping transfer taxes. Because of inflation, these increases are significant and offer tremendous wealth transfer planning opportunities. Gift Tax: The gift tax annual exclusion will increase in 2024... Read More

Ohio’s Supreme Court Ducks the Question of Whether “Mere Confidential Information” Is Protectable

A debate is growing within the trade secret community about the scope of information that should be protected–specifically, confidential information that does not rise to the level of a trade secret. This debate is largely between employers and their counsel... Read More

New Year, New Reporting: Navigating the Corporate Transparency Act

Following the enactment of the Corporate Transparency Act, the Financial Crimes Enforcement Network (FinCEN) issued a final rule requiring “reporting companies” to report information about their “beneficial owners” and “company applicants.” This new reporting requirement will take effect on January... Read More

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

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

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