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 […]

Recent D&O Claims Developments

Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state. An unpredictable U.S. economy, a struggling global economy, high inflation and interest rates, a tight labor market, the growth of artificial intelligence, and fluctuating fuel costs will likely create difficult challenges for many companies and a material increase in D&O claims activity in a […]

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

Corralling D&O Defense Costs: A Necessary Partnership Between Carriers and Insureds

As the size of D&O settlements continues to escalate, there is less certainty today than ever before that a company’s D&O insurance program will be sufficient to fund all losses incurred by directors and officers when allegations of wrongdoing arise.... Read More

3 Ways to Avoid Litigation When Hiring an Employee from a Competitor

When hiring an employee from a competitor, the last thing a company wants is to be embroiled in litigation accusing it of hiring the employee to steal that competitor's customers or trade secrets. As a result, the process of "on-boarding"... Read More

Affiliate Transfers: A Practical Guide for Migrating Insurance Policies Between Legal Entities

From time to time, insurers find it useful to transfer policies between legal entities within their holding company systems. This process is frequently referred to as an "affiliate transfer."Read More Read More

Tax Reform Cuts But Does Not Kill the Death Tax

January 2018 In recent years, the federal estate and gift tax exemptions have been steadily increasing. The Tax Cuts and Jobs Act of 2017 supercharged this trend and essentially doubled the exemptions. Now, a married couple can shelter more than... Read More

Bonuses for Businesses: Trump’s TCJA Incentivizes Real Estate Activity

As President Donald Trump promised, his Tax Cuts and Jobs Act (the “TCJA”) initiated an overhaul intended to simplify an otherwise arduous tax code. Businesses benefited in a number of ways beyond the celebrated reduction in the corporate tax rate.... Read More

What Does the #MeToo Movement Mean for Your Workplace?

Not since the Clarence Thomas Senate confirmation hearings in 1991 has sexual harassment been as present in the daily news as it is today. While the trend started in 2017 with serious allegations of sexual harassment and abuse of power... Read More

Office Depot, Inc., et. al. v. Delaware – Unclaimed Property Law Update

On January 22, 2018, the United States Court of Appeals for the Third Circuit (“Court”) issued its opinion in the case of Office Depot, Inc. v. Secretary of Finance for the State of Delaware. Unsurprisingly, because the facts of Office Depot were identical... Read More

Why Companies Should Refrain from Opening Personal Email Accounts of Employees or Former Employees

Employers may be tempted to access an employee’s or former employee’s personal email account (an email account used by the employee that was not provided by the employer), particularly after an employee accessed the personal account on a device provided... Read More

Obama’s Overtime Rule Struck Down; Trump’s Department of Labor Starts Over

Since the inauguration of President Donald Trump in January, employers have been anxiously awaiting action regarding a list of pro-employer campaign promises. Near the top of that list has been action to block the Department of Labor's new overtime rule,... Read More

Settlement Negotiations

Too often we think that the best settlement can be achieved only through overly aggressive and blustery tactics. The meaner the lawyer, the better the result. That's sometimes true, but not always. While a negotiator who takes firm positions and... Read More

Ohio Supreme Court Mandates Strict Procedures Upon Creditors of a Decedent’s Estate

On April 19, 2017, the Ohio Supreme Court, in Wilson v. Lawrence, imposed strict requirements on creditors attempting to be paid from a decedent’s estate.  Now, all claims must be in writing and presented directly to the executor or administrator within six months... Read More

9 Questions to Ask Potential Trusted Advisors

Effective business lawyers who receive trusted advisor status from their clients often wear more than one hat. Trusted advisors are not only asked technical legal questions, but also often are asked to weigh in on business decisions in general because... Read More

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