Estate Planning Articles
July 21, 2010
First American Exchange Company Coordinating a 1031 exchange for limited liability companies or partnerships can present a unique set of challenges. If the entity itself will remain intact, the partnership or the LLC can sell its property and purchase replacement property through the 1031 exchange process. However, a common issue that arises is that not all of the members or partners can agree on a property to purchase, or even if they want to do an exchange at all. Full Story
July 21, 2010
First American Exchange Company The U.S. House of Representatives recently voted to pass H.R. 4213, which, effective January 1, 2011, will increase the tax on carried interest. Full Story
July 21, 2010
First American Exchange Company Taxes, like life, can be like riding a roller coaster. Sometimes it’s up and sometimes it’s down. This is definitely the case when speaking about the Federal capital gains rate for individuals. In the past 20 years, this tax has been as high as 28% and is currently at its low point of 15%. But, this too shall change as of January 1, 2011, when the rate is scheduled to go back to 20%. Full Story
June 25, 2010
John Chatowski - Nixon Peabody LLP The United States Supreme Court has stepped into the fray in a closely
watched case involving the collection of personal information by the
National Aeronautics and Space Administration (NASA) from “low
risk” contract employees at the California Institute of
Technology’s (Caltech) Jet Propulsion Laboratory (JPL). Robert
M. Nelson, et al., v. National Aeronautics and Space Administration, et
al., Supreme Court Case No. 09-530. While the result of this case
will directly impact the extent to which the government can collect
background information from its employees and third-party contractors, a
broad decision by the Supreme Court may impact other areas of the
Court’s “privacy” jurisprudence. Full Story
June 25, 2010
C. Erik Hawes - Morgan, Lewis & Bockius LLP As is known among many in the intellectual property field, Judge Randall R.
Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically
takes a break from his appellate duties to preside over trials of patent
cases at the district court level. In one such case, he recently issued a
decision reminding lawyers, litigants, and expert witnesses that
plaintiffs must have a firm evidentiary foundation before submitting a
broad damages theory to the jury. Full Story
June 25, 2010
Baker Donelson Although it has been more than three years since the Federal Rules of Civil
Procedure were amended to codify parties' obligations to preserve and
produce potentially relevant electronically stored information (ESI), a
recent survey conducted by Kroll Ontrack reflects that only 46% of U.S.
corporations possess an ESI readiness strategy.1 Meanwhile, a
review of recent judicial decisions on requests for discovery sanctions
reflects a growing impatience by courts for a lack of such a readiness
strategy and resulting failures to competently preserve and produce
potentially relevant electronically stored information. Full Story
June 25, 2010
Jonathan Bender - Holland & Hart LLP In Berry & Murphy, P.C. v. Carolina Casualty Insurance
Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice
insurance coverage decision, the Tenth Circuit held that there was no
coverage under a lawyers’ professional liability policy where a
claim against a former shareholder was made prior to the policy period. Full Story
June 21, 2010
Melissa Lore and Lynn E. Rzonca - Ballard Spahr LLP If you own U.S. patents and mark your products as patented or patent
pending, you could find yourself defending a federal lawsuit. A recent
Federal Circuit Court of Appeals decision has opened the floodgates for
qui tam plaintiffs to challenge the accuracy and validity of patent
marking, requesting to split any statutory damages award with the
government—assessed “per article.” Full Story