Marital Interests in S-Corporations May Have Differing Value
August 31, 2004
Matrimonial attorneys need to be aware that a shift in prevailing winds is occurring within the business appraisal profession concerning valuation of interests in "pass-through entities" (PTEs) such as S-Corporations and various forms of limited liability entities. Calculation of the fair market value of a closely held marital business interest could vary by as much as 67% if income taxes are considered or not considered under various methods. While the choice of methods and procedural analysis is the domain of your appraisal expert, knowledge of valuation alternatives will help you ensure that an appropriate analysis for your client is performed, and will assist you in impugning a less alert opposing expert during cross-examination. Be careful, however, because these "new analytics" are fact-sensitive and not universally applied (or misapplied) by business appraisers.
Litigation
August 31, 2004
Recent rulings of importance to you and your practice.
Pennsylvania Supreme Court Orders Custodial Parent to Pay Child Support
August 31, 2004
In a case of first impression in Pennsylvania, the Supreme Court, the highest appellate court in the state, granted allocatur to consider whether a trial court may order a parent with primary custody of a child to pay child support to the non-custodial parent. Finding that in certain circumstances they may do so, the court has now ordered a custodial father to pay child support to the mother of his children, despite the fact they he has custody of them 73% of the time.
Eating Preferences and Child Custody Disputes
August 31, 2004
Can a parent's vegetarianism be a factor in custody disputes? Even if the diet is safe, is one parent bound by the other parent's decision to raise a child as a vegetarian? Could Dad be forced to cook "notdogs" during his weekends with the kids? Might Mom be forced to bake a "tofurkey" for Thanksgiving dinner on her alternate custody years? There have only been a handful of cases to address these issues, but with the swell of vegetarians in recent years, and particularly with the rise of vegetarianism among children and teenagers, the courts will soon be grappling with this issue.
Bush Appointee Thwarts Gay Right to Adopt
August 31, 2004
President Bush's recess appointment of William H. Pryor Jr. to the 11th U.S. Circuit Court of Appeals outraged senators who objected to Pryor's record on issues such as gay rights, abortion and federalism. Although the Democrats managed to block a vote on his nomination, the President's appointment will allow Pryor to remain on the bench through 2005.
Transgender and Title VII: Time to Change?
August 31, 2004
If you have practiced employment law for more than a decade, you probably assume that Title VII does not cover transsexuals, transvestites or other transgendered individuals. It's simple: A lot of cases have held that "sex" discrimination does not extend beyond traditional notions of "male" and "female." Besides, an individual's sexual orientation is not protected under Title VII, so why should the transgendered be protected? Such an assumption is no longer necessarily valid. There appears to be a growing trend toward recognizing a cause of action for sex discrimination under Title VII when a transgendered employee suffers an adverse employment action.
The Pricelessness of Prevention
August 31, 2004
An employee who had never before complained about harassment quits and then files a sexual harassment constructive discharge claim with the EEOC. Can the employer prevail on the ground that the employee failed to take advantage of the employer's internal complaint procedure?
Sexual Harassment Litigation
August 31, 2004
Sexual harassment in the workplace is a serious and costly problem for corporate employers as well. Based on reports by women, an estimated 40%-90% of working women have experienced on-the-job sexual harassment. The U.S. Equal Employment Opportunity Commission (EEOC) and state and local agencies have received over 14,000 sexual harassment charges every year since 1992. This article reviews the psychological research literature on the legal standard applied in sexual harassment cases and on the abuse defense sometimes used in those cases.
