The Federal Estate Tax Exclusion Threshold is at a Historic High
If you are a frequenter of our Frequently Asked Questions page, you are aware that one of the planning considerations in every estate plan is maximizing payments to the beneficiaries by minimizing the estate taxes. And, most...
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Confidentiality agreements and non-compete clauses: both are common terms in employment and business purchase agreements. The former enjoys broad acceptance. For example, both Hawaii (Haw. Rev. Stat. §§ 482B-1 et seq.) and California (Cal Civ Code § 3426 et seq.) recognize the Uniform Trade Secrets Act. The latter, non-compete clauses,...
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One of the most common estate planning questions is whether the creation, or more specifically, the funding, of a Trust creates an additional tax filing requirement. In other words, once I fund the Trust with assets, and those assets create income during the tax year, do I need to file an income...
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In a previous blog, we discussed a situation where a Will and a Trust have inconsistent terms regarding who would receive property, and which of these documents would control, and why. In another blog article, we addressed what would happen if a Beneficiary passed away before the person who wrote...
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It’s not unusual for a person to pass and leave behind some unpaid debt or on-going financial obligations. If a loved one passes and his/her estate plan does not include a Trust, their financial affairs will be sorted out through the Probate Court process. The Probate Court will oversee the administration of...
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If you are a frequent reader of these articles, or a follower of court rulings, you are aware of how often arbitration clauses are being litigated. This week’s article involves a recent trial court ruling in the Ninth Circuit deciding whether an arbitration clause would survive after one of the parties to...
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Businesses compete for business; that is expected. One of the principles of the free market is that healthy competition leads to better products and services at a better price to consumers. But not all competition is healthy. When a participant in the marketplace engages in improper conduct (e.g. deception, threats, improper influence),...
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Whether a claim is subject to arbitration is one of the most hotly contested
litigation topics. Employers often have an interest in protecting themselves from protracted litigation by seeking to streamline the process through arbitration.
Use of Employee Handbooks
Arbitration clauses are frequently found in written employment...
Arbitration clauses are common in business contracts - whether that be a contract for the sale of goods or services, employee contracts, or purchase and sales agreements. In some cases, one party to a dispute has more of an interest than the other in seeing a claim settled by arbitration. In drafting...
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We live in politically charged times. Protests against police brutality initiated after the deaths of George Floyd and other people of color have touched every major city in this country. These occur at a time when our country is already becoming more divided in a particularly contentious election year. Adding to this...
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