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Estate Planning Alert: Connecticut to Match Federal Gift and Estate Tax Exemptions by 2023
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Walking the Fine Line between the Delivery of Health Care Services and Information/Educational Support
The explosion in digital health solutions that connect consumers with licensed health care providers (e.g., nurses, nutritionists, physicians) and laypersons who have certain informal training (e.g., wellness guide, lifestyle coach, outreach partner) has the potential to blur the lines between what constitutes the practice of a licensed health care profession and what does not (usually because the service is intended to be merely informational or educational).
DOJ’s New FCPA Enforcement Policy: Clarity for Companies and a Warning for Individuals
The new FCPA policy provides the much-needed assurance that fulsome voluntary self-disclosure of FCPA violations will likely serve to avoid criminal prosecution. At the same time, the new FCPA policy signals that the government will continue to combat corporate misconduct by focusing on individual misconduct. Telia Company AB was fined more than $730 million for Foreign Corrupt Practices Act (FCPA) violations in 2017, Haliburton, nearly $30 million and Mondelez International, $13 million.
NLRB Vacates Hy-Brand Decision thereby Reinstating Browning-Ferris Joint-Employer Test
On February 26, 2018, the National Labor Relations Board (“NLRB”) unanimously vacated its own December 2017 decision in Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co. The vote to vacate the Hy-Brand decision came in the wake of an inspector general report that faulted member Bill Emanuel for improperly participating in that case based on his prior law firm’s involvement in the Browning-Ferris case.
US Tax Court Introduces New Chief Judge
On February 26, 2018, the US Tax Court announced that Judge Maurice B. Foley has been elected Chief Judge to serve a two-year term beginning June 1, 2018. Judge Foley will replace Chief Judge Paige Marvel. Judge Foley was appointed to the US Tax Court by President Clinton on April 9, 1995. He was reappointed by President Obama on November 25, 2011, for a second term ending November 24, 2026.
MD Senate On Governor Veto
On Friday, January 12, 2018, the Maryland Senate voted 30-17 to override Governor Larry Hogan’s veto of the Maryland Healthy Working Families Act (the “Act”) which passed the Maryland General Assembly last year. The Maryland House of Delegates overrode the veto on Thursday. Accordingly, Governor Hogan’s veto has been overridden and the Act will become law in 30 days unless the General Assembly acts to delay its implementation.
Senate Passed Tax Cuts and Jobs Act
At about 2:00 a.m. EST on Saturday, December 2, 2017, the only people awake in Washington, D.C. were alcoholics, the unemployable, and angry loners. Also awake were members of the Unites States Senate (but I repeat myself). At that early hour, the Senate passed its version of the Tax Cuts and Jobs Act (the “Act”) by a vote of 51 – 49. Bob Corker of Tennessee was the only one of the 52 Senate Republicans to vote against the Act; none of the 48 Senate Democrats voted for it.
Senate Passes Business Tax Reform Measures
The Senate has passed its version of the Tax Cuts and Jobs Act, which includes substantial changes to the corporate and international business taxation rules. Senate passage was probably the most significant political and procedural hurdle for the legislation. The stage now appears to be set for reconciliation of the House and Senate bills and final enactment of the legislation before the end of 2017.
Bank of England Stress Test Results
The Bank of England (BofE) published its 2017 UK bank stress test results on 28 November. The BofE found that incumbent institutions are probably underestimating the impact that increased FinTech competition could have on their profitability: Diminishing revenue from overdraft products. Currently, unarranged overdraft fees are one of the biggest contributors to UK banks’ annual pre-tax profits.
EU Proposals Insolvency Practitioners Judges
Much has already been written about the proposal for the “Second Chance” directive (“Proposal“) published in November 2016 which is still being debated by the EU bodies – and rightly so. Harmonisation of insolvency law across the EU is needed as one in four insolvency proceedings is a cross-border insolvency and creditors need to know what to expect in other EU countries and that the courts and practitioners cooperate in an efficient way.
Exploring & Pushing Boundaries
The announcement by Michael Flynn, the former national security adviser, that he wouldn't respond to a subpoena from the Senate Intelligence Committee—requesting a list of contacts with Russian officials—had TV news producers (and members of Congress) scrambling to get Fifth Amendment experts on the line. But Flynn wasn't breaking new ground: Two years earlier, when former top aides to New Jersey Gov.
Self-Driving Rideshares
Over the past few weeks Uber, Waymo, and General Motors have solidified their commitments to the next-generation of transit, one that involves their autonomous vehicles and services moving people around the city with near effortless ease. While Uber announced the plan purchase of 24,000 Volvo SUVs for the self-driving fleets, GM set a target of 2019 for the launch of a self-driving ride-sharing fleet built on their Chevy Bolt EV platform.
LabCFTC Primer Virtual Currencies Tokens ICOs
The U.S. Commodity Futures Trading Commission’s (CFTC) New York-based LabCFTC has released a twenty-page primer (the “Primer”) about virtual currencies, virtual tokens and initial coin offerings (ICOs). It’s the first in a series of educational primers that LabCFTC will issue in the coming months about innovations in the FinTech industry.
Aichele v Blue Elephant Holdings Rescinding Termination
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The Court’s ruling permitted a plaintiff’s retaliation claim to survive summary judgment even though the employer rescinded the termination and rehired plaintiff within 24 hours after termination. (Aichele v. Blue Elephant Holdings, LLC dba Human Collective II, November 13, 2017).
December Congressional Agenda
As has become customary in recent years, members of Congress face a daunting to-do list in the final weeks of 2017. Both chambers are scheduled to be in session through December 15, but the actual adjournment date for the year is likely to be pushed closer to the Christmas holiday or beyond, given the number of must-pass items on the agenda.
Restitution for Corporations
Corporations and businesses of all varieties risk falling victim to crimes committed by their employees and becoming ensnared in criminal investigations of their vendors and business partners. When wrongdoers are convicted federally, the Mandatory Victims Restitution Act (MVRA) requires that they make restitution for losses directly caused by their criminal conduct.
Characteristics of Successful Tech Venture
November was National Entrepreneurship Month in celebration of the country’s innovation and entrepreneurial spirit. As we close this important awareness month, we reflected on what it takes to be a successful tech venture, and we note some of the top traits and criteria in this blog post. Selling a product or service customers actually want is important. The market must be willing and able to pay for what you’re selling.
National Grange of the Order of Patrons
As a child, I was always puzzled when I saw a Grange Hall. Was Grange a misspelling of “range”? If not, what was a “grange”? Only later did I learn that “grange” was derived from the Latin word, granum, meaning a seed. The word forms part of the name of the National Grange of the Order of Patrons of Husbandry. Organized in 1867, the Grange now describes itself as “a family, community organization with its roots in agriculture”.
FCA BaFin MiFID II
Under the revised Markets in Financial Instruments Directive (MiFID II), limits are required to be established on the size of a net position a person can hold (at all times) in commodity derivatives traded on European Union/European Economic Area trading venues and economically equivalent over-the-counter contracts. On November 28, the UK Financial Conduct Authority (FCA) updated its webpage in connection with position limits for commodity derivative contracts.
Drug Testing DOT
The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. DOT published guidance on December 1, 2017 to assist employers with regard to updating their drug and alcohol testing policies.
Illinois BIPA biometrics
Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology utilizing biometric identifiers like fingerprints or palm prints in lieu of punch clocks?
Sixth CIrcuit John Doe v. University of Cincinnati
University policies on responding to sexual assault claims have been hotly debated around the country. The Sixth Circuit recently weighed in on the constitutional dimension of this issue. Last month, in John Doe v. University of Cincinnati, et al., the Sixth Circuit found a strong likelihood that an accused student’s constitutional due process rights were violated when he was not able to confront his accuser during university misconduct proceedings.
Massachusetts Insurance Litigation
On November 1, 2017, Massachusetts joined a minority of jurisdictions to rely on a strict construction focused on solely the language of "other insurance" clauses when determining priority of coverage between a "true excess" policy and a primary policy that is excess under certain circumstances. In Great Divide Insurance Company v. Lexington Insurance Company, SJC-12164 (Mass. Nov.
Severson v Heartland Woodcraft Reasonable Accommodation
In Severson v. Heartland Woodcraft, Inc., No. 15-3754, 2017 U.S. App. LEXIS 18197 (7th Cir. Sept. 20, 2017), the Seventh Circuit held that an employee who needs long-term medical leave cannot work and thus is not a qualified individual under the Americans with Disabilities Act (ADA). Raymond Severson had suffered from back pain since 2005. In 2006 he began working for Heartland where he performed manual labor and frequently lifted products weighing fifty pounds or more.
The Turtles Florida Performance Right
A few months ago, we brought to your attention a case initiated by The Turtles, seeking royalties in New York for the unauthorized performance of their pre-1972 sound recordings. In that decision, the Court of Appeals of New York decided, on a question certified to it by the Second Circuit, that New York state law did not recognize a public performance right in pre-1972 sound recordings.
National Clean Energy Summit
On October 13, former Nevada Senator Harry Reid and current Governor of Nevada Brian Sandoval hosted the ninth annual National Clean Energy Summit in Las Vegas, NV. Each year, the 3-day summit brings together leaders of industry, government, and advocacy organizations in an effort to shape the United States’ energy policy agenda and facilitate the country’s progress towards a clean energy economy.
Don’t Ignore Vehicle Safety Recalls
A recent study by Carfax indicated that more than 63 million vehicles in the United States (one in four vehicles on the road) are being driven with unfixed safety recalls. J.D. Power and Associates estimated the number to be 45 million vehicles, while acknowledging the total could be higher due to older recalls that are difficult to track.
Carson v Lake County ADEA Termination
In Carson v. Lake County, Indiana, 865 F.3d 526 (7th Cir. 2017), the Seventh Circuit affirmed summary judgment holding that Lake County’s decision to terminate the employment of rehired retirees due to cost was not an age-related and actionable decision under the ADEA. The facts were undisputed that the plaintiffs at issue had chosen a retirement option that allowed them to be rehired and to keep a Medicare supplement through Aetna Insurance.
ISS PAS Outcomes Based Compensation
On October 19, proxy advisory firm Institutional Shareholder Services (ISS) announced the results of its Policy Application Survey (PAS). The PAS, which ran from August 3 through October 6, reflects 328 responses: 77 from institutional investors and organizations representing them, and 251 from members of the corporate community, including companies, consultants/advisors to companies, corporate directors and other trade organizations.
Treasury Changes Security Rules
Possible changes would include loosening qualified asset requirements under risk retention rules, limiting asset-level disclosure under Reg. AB II, and rationalizing capital and liquidity requirements for securitized assets.
FINRA Change to Rule 6730e
On October 20, the Financial Industry Regulatory Authority (FINRA) proposed a rule change to make permanent an exemption from the Trade Reporting and Compliance Engine (TRACE) reporting requirements for TRACE-Eligible Securities transactions executed on a facility of the New York Stock Exchange (NYSE).
Regular Use Auto Liability California Medina v. GEICO
Leigh Anne Flores worked for Pacific Bell. While driving a Pacific Bell van, she hit another car driven by Javier Medina. Pacific Bell furnished the van to Flores for work, but Flores also used it for personal use without any express objection or restriction by Pacific Bell. At the time she struck Medina, Flores was on a personal errand during work hours. Medina sued Flores and Pacific Bell.
Poor Interview Not Irrational Basis Employment Decision
The Seventh Circuit recently affirmed the granting of summary judgment in favor of the City of Peoria in Nicholson v. City of Peoria, Illinois, 860 F.3d 520 (7th Cir. 2017). Plaintiff Nicholson claimed that the City discriminated against her because she was female and/or acted out of retaliation for reporting misconduct of another employee when it failed to reappoint her to the position of Asset Forfeiture investigator, a position within the Peoria Police Department.
Gender Wage Gap Equal Pay Act
“The median salary for women working full-time is about 80 percent of men’s,” the Washington Post recently reported in a fascinating, in-depth analysis of the gender wage gap. “That gap, put in other terms, means women are working for free 10 weeks a year. So if you’re a woman, you started working for free” on October 26, the Post observed. There are, of course, variations on the wage gap across jobs and industries and not all women receive only 80% of a man’s pay.
CFTC Futures Swap Dealer de minimis
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Supreme Court Trump v Int'l Refugee Assistance Project
Although we've got no opinions to report for you this week, we do want to briefly catch up on some news out of One First Street. Earlier this week, the Justices dismissed Trump v. Int'l Refugee Assistance Project (16-1436), one of the two "travel ban" cases that the Court granted certiorari to review on the last day of OT16.
SEC Approves PCAOB Rule to Require Enhanced Audit Reports
On October 23, the Securities and Exchange Commission approved new audit reporting standard, AS 3101, proposed by the Public Company Accounting Oversight Board (PCAOB), which requires auditors to provide new information in public company audit reports, with the goal of making such reports more informative for investors and other financial statement users.
OSHA Nomination Scott Mugno
It is widely anticipated that President Trump’s announcement of Scott Mugno as his nominee for the position of Assistant Secretary of Labor for the Occupational Safety and Health Administration (OSHA) is imminent – a position temporarily being filled by Loren Sweatt, the Deputy Assistant Secretary. Scott Mugno is the VP of Safety, Sustainability and Vehicle Maintenance with FedEx Ground.
EPA Meeting Vertebrate Animal testing
On October 26, 2017, the U.S. Environmental Protection Agency (EPA) announced it would be hosting a public meeting on November 2, 2017, from 9:00 a.m. to 5:00 p.m. (EST) to obtain input from interested parties and the public on its development of a Strategic Plan to promote the development and implementation of alternative test methods and strategies to reduce, refine, or replace vertebrate animal testing.
Fairholme Funds, Inc. v. United States: Court Compels Production for Plaintiffs' Quick Peek over Defendant's Objection
In this case the court granted Plaintiffs’ motion to compel a “quick peek” at approximately 1500 documents withheld as privileged pursuant to the bank authorization and deliberative process privileges despite Defendant’s strong objection.
Chancery Court Defines De Novo Standard of Review for Appeals of Receiver's Decisions Disallowing Claims
In B.E. Capital Management Fund LP v. Fund.Com Inc., C.A. No. 12843-VCL (Del. Ch. October 4, 2017), the Delaware Court of Chancery denied an appeal from a receiver’s decision disallowing a claim for breach of contract against a company in receivership.
New Mexico Court Rules Employee Is Entitled To Nationwide Discovery in FMLA Case
On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices relating to other employees fired under the company’s 100% healed policy and other FMLA or ADA complaints. Matthew Donlin (“Donlin”) worked as a general manager for Petco (the “Company”).
Reprivatization of Property in Poland
This post follows up on previous articles on the reprivatization of property in Warsaw and the governmental commission reviewing the legality of the process (see here and here). At a press conference on October 11, First Deputy Minister of Justice Patryk Jaki outlined the law that is to regulate property reprivatization in Poland. It is a rather revolutionary concept.
New Executive Order Extends Reach of North Korea Sanctions to Foreign Businesses
On September 21, 2017, President Donald Trump issued Executive Order 13810 ("E.O. 13810" or "the Order"). The Order follows the recent Countering America's Adversaries through Sanctions Act ("CAATSA"), which directed the imposition of additional sanctions in connection with Iran, Russia and North Korea.
Department of Education Title IX Policy Shift
On September 7, 2017, Secretary of Education, Betsy DeVos announced a marked policy shift in how the Department of Education will approach Title IX enforcement with regard to sexual misconduct. DeVos indicated that the Department plans to withdraw the controversial Dear Colleague Letters issued during the Obama administration.
generation-skipping transfer tax
To assist you in your planning, we are happy to report the following inflation adjustments to key estate, gift, and generation-skipping transfer tax (“GST”) exclusion amounts for 2018. For the estate of a person dying during calendar year 2018, the federal applicable exclusion amount will increase from $5.49 million to $5.6 million.
EEOC Revises EEO-1 Report to Include Summary Pay Data
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Philadelphia Beverage Tax Scheduled to Take Effect January 1, 2017
On June 16, 2016, The Philadelphia City Council voted to approve a so-called "soda tax" making Philadelphia the first major city poised to implement such a tax.[1] Despite the simple sounding nickname for the new tax, it now appears that the tax could, in practice, have a much broader impact in application than adding to the price of sodas.
Supreme Court Update: Bosse V. Oklahoma (15-9173) And Order List
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Recent Decision Opens State Courts to Claims by Nonresidents Concerning Nationally Marketed or Distributed Products
In a decision that should be of concern to any company that engages in national marketing campaigns or distributes products nationwide, the California Supreme Court has rolled out the welcome mat to nonresident plaintiffs who want to sue nonresident defendants in mass tort cases. The case – Bristol-Myers Squibb Company v. Anderson (Cal. Sup. Ct. Aug. 29, 2016) – concerned a group of hundreds of plaintiffs who sued Bristol-Myers Squibb ("BMS"), the maker of the prescription drug Plavix, in California.
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