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Leaving Retirement Plan Benefits to Trusts
As the baby boomer generation ages, a greater and greater concentration of wealth is being held in retirement plan benefits. Dealing with the complexities of retirement plan benefits, whether it be via a prenuptial agreement or a divorce settlement, is unavoidable. An inadequate understanding of how these plans work can make a significant difference in your client's tax bill. For example, it may make perfect sense, for a variety of non-tax reasons, to make one spouse's retirement plan benefit payable to a trust for the benefit of the surviving spouse. However, such an arrangement may come at the price of significant income tax costs. While it is important to understand and be sensitive to the multitude of factors motivating an individual to leave assets in trust, it is just as important to understand the income tax consequences of this choice.
Leaving Benefits Outright To a Spouse
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.