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Is it time to revisit one's estate plan?
It can be hard enough to realize the value of an estate plan. Those who realize such value can still fall into the trap of believing that such a plan is a "one and done" proposition, a set of documents that only needs to be executed once and requires no maintenance. Unfortunately, nothing could be further from the truth. Estate plans should evolve, and just as one's financial situation and family members may change, so should the corresponding estate planning documents. Luckily, there are certain milestones that can hint that an estate plan should be given a tune-up, and these life markers are easy to spot. More >
FTC Issues Guidance for Merger Investigations
In early August, the Federal Trade Commission ("FTC") released guidance on best practices for merger investigations. This is the first major update for such guidance since 2006 and the publication of "Reforms to the Merger Review Process." The new guidance addresses mechanisms by which merging entities can smoothly effectuate an FTC merger investigation in three key areas: Early Voluntary Submission of Information, Effective Use of Withdraw and Refile, and Negotiating the Second Request. More >
Tesla announces stock sale to expand business
Most of our Kentucky readers have probably heard of Tesla Motors, the auto manufacture which produces electric vehicles and sells them directly to consumers rather than going through a dealer. At present, there are only several states which allow direct sales of Tesla vehicles. There are also several states where such sales are prohibited. In states where Tesla vehicles may not be sold, Tesla locations may only serve as showrooms. Kentucky is among the states where there are no Tesla locations. More >
Work with experienced attorney to navigate tax issues with stock sales
In our last post, we began speaking about the recent Tesla Motors stock sale announcement. As we noted, the company is hoping that the move will help expand its business presence, a task that has been somewhat challenging. More >
Third Circuit Upholds Authority of FTC to Uphold Data Security
There are a multitude of federal laws such as HIPAA and Gramm-Leach-Bliley that impose penalties for failure to protect certain types of client data in certain circumstances, and even states have gotten in the act with Kentucky providing a private right of action for consumers affected by data breach. To date, however, there is no comprehensive federal legislation designed to safeguard sensitive client data in all circumstances. The Federal Trade Commission feels otherwise, recently invoking the Federal Trade Commission Act of 1914 ("the Act") to argue that failure to protect client data is an unfair or deceptive business practice in violation of the Act. In the case of FTC v. Wyndham Worldwide Corporation¸ the Third Circuit agreed. More >
Regulation A+ Gives a Powerful Tool to Small Companies
The JOBS Act of 2012 was meant to loosen the regulations regarding private equity, opening up new classes of investors and freeing entities seeking new investment from solicitation rules put in place before color television existed. Many commentators have criticized the Securities and Exchange Commission for the years and months that have passed without regulations to implement the law. On the other hand, the SEC may have been practicing a deliberate gradualness that will only serve to strengthen the regulations when they do take effect, and Regulation A+, finalized in March, may be proof of that. More >
Managing tax liabilities: work an experienced legal counsel
For businesses, managing tax liabilities is an important ongoing task and businesses often go to great lengths to situate themselves so as to minimize their tax obligations. One of the challenges in tax planning, though, is that it isn’t always clear when a company may be doing the correct thing from a legal standpoint, or exactly what options a business has with respect to managing tax liabilities. Tax law, as is well known, is not always clear cut. More >
Address businesses liabilities with sound compliance, experienced litigation counsel
One of the points we mention fairly frequently on this blog is that proactive regulatory compliance is critical for businesses. One reason for this is that the costs for failing to comply with federal laws and regulations can be significant. More >
Businesses receive greater clarity on obligations under federal law
For businesses, navigating compliance with federal and state law is not always an easy task. Aside from the sheer amount of regulation, there is also the fact that the law is not always clear about what a business’s obligations really are. More >
Estate Planning for Same-Sex Couples After Obergefell
Many areas of the law are left unanswered by Supreme Court's decision in Obergefell , but the fundamental question of whether same-sex individuals can marry has now been answered. There have traditionally been many obstacles LGBT individuals face when it comes to estate planning and taxes, but those obstacles have been cleared a great deal by the Obergefell decision. Married same-sex couples now have access to new tools concerning estate and tax planning that will help them benefit in the same ways that only heterosexual marriages have until now. More >
