Transfer Taxes
Last month, we wanted to know the tax consequences to a hypothetical couple of their proposed agreement that husband transfer his interest in a townhouse to wife prior to their execution of a separation agreement, and that wife transfer her membership interest in the company to husbandprior to execution of such agreement. The discussion concludes herein.
Antitrust Extradition
In April 2014, the DOJ completed extradition of the first defendant of an antitrust violation in the 124-year history of the Sherman Act..This article summarizes the development of U.S. criminal antitrust enforcement that culminated in this extradition.
Deferred Compensation Plans under Section 409A
Section 409A applies to any arrangement that postpones payments of compensation to subsequent years. The Notice spells out what is and is not deferred compensation, Single-person Plans, "defined benefit" non-qualified plans, Supplemental Executive Retirement Plans (SERPs) and arrangements for non-employees (directors, trustees and independent contractors).
Plugging Profitability Leaks
We've long known that vague, incomplete or misunderstood instructions from partners to associates is a prime source of profitability leaks ' revenue lost because of all the time spent on reinventing the wheel, because of do-overs, and because of significant amounts of time written down or eventually written off. We've also long known that an amazingly simple delegation improvement technique can help reduce write-downs of time by up to 18%.
Employee Bad Acts
In last month's newsletter, the author began discussion of medical institutions and their liability exposure for the bad acts of their employees by highlighting the notorious case of nurse Charles Cullen. He admitted to deliberately killing at least 40 patients, yet the plaintiffs who sued the last hospital that employed him were unable to recover because they could not prove causation. Are all such cases doomed?
Practice Tip: Heart Health and Divorce
A recent study of more than 3.5 million Americans revealed that divorced couples are more likely to suffer from heart-related health problems as compared with their married counterparts.
If You're Not on Facebook, You're Committing Malpractice
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Law Firm Security Pressures Alleviated With Financial Strategies
We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot. Law firms are now at the center of the storm because they store some of their clients' most sensitive business information and are viewed by criminal elements as a less-defended path to that data. Firms must take care to understand and respond to evolving security trends with response strategies.
Did the Affordable Care Act End the Collateral Source Rule?
This article explores the possibility that as cases are litigated under the Affordable Care Act, there is an opportunity for a change in the collateral source rule and the corresponding impact on the presentation of damages in personal injury cases.
