Impact of IRS Regulations & Federal Election on Family Business Gifting Strategy

In August, the Internal Revenue Service announced proposed regulations that would effectively increase taxes imposed on lifetime and post-death transfers of ownership interests in family businesses. These proposed regulations would impact high net worth clients who own family-controlled corporations, Limited Liability Companies (LLCs), Family Limited Partnerships (FLPs), and similar entities.  For purposes of this article, Continue reading

Proposed Update to the Antitrust Guidelines for the Licensing of Intellectual Property Is One Step Closer to Finalization

Public comments are now closed for the proposed update to the Antitrust Guidelines for the Licensing of Intellectual Property, a joint effort by the Department of Justice (DOJ) and Federal Trade Commission (FTC). These guidelines are important because they guide businesses and legal counsel in crafting licensing arrangements that do not run afoul of antitrust Continue reading

Better Safe than a Million Dollars Sorry

Picture this: you are leaving your medical office after a long day of work.  You take your laptop with you so that you can finish some remaining tasks at home.  On the way, you stop off at the grocery to pick up a few items.  You lock your car.  When you return, you discover that Continue reading

New Federal Trade Secrets Statute Provides Additional Protection For Owners of Trade Secrets

The federal government has now passed the Defend Trade Secrets Act of 2016 (known as the DTSA). The DTSA provides federal protection for trade secrets and gives owners of trade secrets additional litigation tools to use against defendants accused of misappropriation. This is a new law that also requires all new or updated agreements that Continue reading

Millions More Americans to Qualify for Overtime Pay

After much anticipation, the United States Department of Labor (“DOL”) issued its final overtime rule on May 18, 2016.  The DOL’s website provides a link to the rule itself, frequently asked questions including a side-by-side comparison of the old and new rules, fact sheets, and other summary guides. The effective date of the final rule Continue reading

Eighth Circuit Rules Obesity, By Itself, Not a Disability Under ADA

Melvin Morriss, III v. BNSF Railway Company, No. 14-3858 (8th Cir. 2016) The United States Court of Appeals for the Eighth Circuit recently ruled that obesity, by itself, is not a disability under the Americans with Disability Act of 1990, as amended by the ADA Amendments Act of 2008 (ADAAA).  Following the Second and Sixth Continue reading

New Federal Trade Secrets Statute Will Provide Additional Protection For Owners of Trade Secrets

On April 27, 2016, the U.S. House of Representatives passed the Defend Trade Secrets Act of 2016 (known as the DTSA) after the Senate passed a bill with the same Act a few days earlier. The DTSA is expected to become law with President Obama’s signature. The DTSA will provide federal protection for trade secrets Continue reading

Telecommuting Up to 4 Days a Week Not a Reasonable Accommodation

EEOC v. Ford Motor Company, No. 12-2484 (6th Cir. 2015) Reversing its prior opinion, the United States Court of Appeals for the Sixth Circuit recently ruled that Ford Motor Company (“Ford”) is not required by the Americans with Disabilities Act (“ADA”) to allow an employee “to work from home on an as-needed basis, up to Continue reading

IRS Releases Employer ACA Reporting Final Forms

The Affordable Care Act (ACA) imposes reporting requirements under Internal Revenue Code Section 6056 for “Applicable Large Employers” (an “ALE”). An ALE is an employer or aggregate group with fifty or more full time and full time equivalent employees. Under the reporting rules, these ALE employers must provide information to the IRS about the health Continue reading

NLRB Adopts Final Rule Amending Representation Case Procedures

The National Labor Relations Board (“NLRB”) recently adopted a final rule amending its representation case procedures.  Upon the filing of a representation petition, the NLRB determines whether an election should be conducted to decide if the employees will be represented for collective bargaining purposes with their employer.  Effective April 14, 2015, the final rule will Continue reading