|
|
|
High court takes no action on Va. health care case
Legal News |
2011/04/17 16:03
|
The Supreme Court has taken no action on Virginia's call for speedy review of the health care law.
Virginia Attorney General Ken Cuccinelli is asking the court to resolve questions about the law quickly, without the usual consideration by federal appellate judges and over the objection of the Obama administration.
The case was among those that were scheduled to be discussed in the justices' private conference on Friday, but there was no announcement about the case when the court convened on Monday.
The silence could mean, among other things, that one justice asked for more time to think about the case or to write a short opinion that would accompany an order.
The justices meet again on Friday to discuss pending cases. |
|
|
|
|
|
|
No Second Chances for Faulty IRA Trusts
Lawyer Blogs |
2010/09/07 14:17
|
Postmortem wealth transfers to IRA beneficiaries continues to present estate planning challenges. Although perhaps not the final word on the matter, the IRS now prevents postmortem trust reformation designed to allow trustees to treat them as designated beneficiary trusts. The relevant ruling is PLR 201021038.
The broadness of the limited power of appointment was perhaps the most critical flaw in the subject trust. It was too broad to be able to determine the correct measuring life. There were other flaws as well, most notably the trust’s naming of charities as potential beneficiaries.
The tax consequences of this ruling are devastating to any similarly-flawed trust: Beneficiaries cannot stretch out required withdrawals over the lifespan of the oldest beneficiary but would presumably have to withdraw all money from the plan within just a few years.
Unless a tax court modifies this ruling – and until it does – the bar is very high indeed for those who draft trusts for the purpose of receiving postmortem IRA distributions. In short, get it right the first time! I would read and reread section 401(a)(9) to ensure the trust conforms to the section’s standards precisely. Going forward, you may also wish to give grantors an opportunity to review the terms of their trusts to ensure they conform with the changing law on this subject. A brief look every three-to-five years is appropriate, although factors like ill health |
|
|
|
|
|
|
The Rosen Law Firm Files Securities Fraud Class Action Against American Apparel, Inc.
Press Releases |
2010/09/06 14:23
|
NEW YORK, Sep 7, 2010 (GlobeNewswire via COMTEX) -- The Rosen Law Firm, P.A. today announced that it has filed a class action lawsuit on behalf of purchasers of America Apparel, Inc. ("American Apparel") /quotes/comstock/14*!app/quotes/nls/app (APP 1.07, +0.01, +0.94%) stock during the period from December 20, 2006 to August 17, 2010 (the "Class Period"). To join the American Apparel class action, go to the website at http://www.rosenlegal.com or call Laurence Rosen, Esq. or Phillip Kim, Esq. toll-free at 866-767-3653, or you may also email lrosen@rosenlegal.com or pkim@rosenlegal.com for information on the class action. The case is pending in the United States District Court for the Central District of California. You can obtain a copy of the complaint from the clerk of court or you may contact counsel for plaintiffs Laurence Rosen, Esq. or Phillip Kim, Esq. toll-free at 866-767-3653 or email lrosen@rosenlegal.com or pkim@rosenlegal.com. NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER. The Complaint asserts that during the Class Period, defendants misrepresented American Apparel's hiring practices and the impact of such practices on the Company's business and financial performance. The Company's hiring practices were improper and beginning in July 2009, American Apparel revealed that it was being investigated by the U.S. Immigration and Customs Enforcement agency regarding the Company's compliance with U.S. immigration law. On August 17, 2010, the Company announced it expected to report a loss of $5 million to $7 million in the second quarter of 2010 on net sales of $132 million to $143 million. According to the announcement, a significant factor in such losses was "lower labor efficiency at the Company's production facilities in the second quarter of 2010 compared to the prior year period. The lower labor efficiency was primarily a result of the hiring of over 1,600 net new manufacturing workers during the second quarter of 2010." As a result, the Complaint alleges that the price of American Apparel stock declined, damaging investors. A class action lawsuit has already been filed on behalf of American Apparel shareholders. If you wish to serve as lead plaintiff, you must move the Court no later than October 25, 2010. If you wish to join the litigation or to discuss your rights or interests regarding this class action, please contact plaintiff's counsel, Laurence Rosen, Esq. or Phillip Kim, Esq. of The Rosen Law Firm toll free at 866-767-3653 or via e-mail at lrosen@rosenlegal.com or pkim@rosenlegal.com. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. This news release was distributed by GlobeNewswire, www.globenewswire.com |
|
|
|
|
|
|
Law firms may be forced to publish diversity figures
Top Legal News |
2010/09/05 14:28
|
Justice may be blind, but the legal profession isn't, and from next year the public may get to see just what kind of people they are buying their legal services from. The Legal Services Board (LSB), the body responsible for overseeing the regulation of lawyers in England and Wales, is mulling over plans that would require law firms and chambers to compile and publish comprehensive diversity information about their staff . This would include the seven diversity strands – age, disability, gender, race, religion or belief, sexual orientation and working patterns – plus social mobility. The work is the latest in a string of initiatives aimed at changing the profile of the profession. However, the headline statistics are pretty good. Women have made huge strides over the last 40 years and it will not be long before they make up the majority of solicitors, while black and minority ethnic (BME) lawyers are over-represented in the profession in proportion to the population as a whole. But this only tells part of the story. The LSB notes that much of the work has focused, successfully, on entry level. For example, only a quarter of law firm partners are women, and a mere 3.5% of partners in the biggest 150 firms are BME. "The anticipated 'trickle up' effect has not materialised," it says. There is also evidence of significant pay differentials, as well as concern that the impressive BME statistics mask significant under-representation for some groups, such as African-Caribbean men and Bangladeshi women. |
|
|
|
|
|
|
Lynberg & Watkins
Law Firm Business |
2010/09/03 14:18
|
Since its inception, Lynberg & Watkins has grown to represent clients on a local, regional and national basis. The firm maintains two California offices: one in the center of the Los Angeles financial district and one in the heart of Orange County.
The firm has experienced continued growth since its founding in 1971 allowing it to actively practice in many diverse areas of the law. The firm's representation is substantially on behalf of defendants, insurance companies and their insureds, public entities and self-insuring organizations.
We are structured into teams providing clients with the benefits of collective experience and knowledge. Senior members of the firm have the responsibility for supervising a team comprised of associate attorneys, paralegals and support personnel. Each client matter is assigned to one senior member of the firm who bears the ultimate responsibility for its handling from inception through trial. The senior member and associates are at all times readily accessible and available to the client.
The firm includes attorneys who are long-standing members of the American Board of Trial Advocates, the Association of Southern California Defense Counsel, The Defense Research Institute, The International Association of Defense Counsel and California SuperLawyers. Our trial attorneys have tried literally hundreds of cases to verdict, both simple and highly complex, in state and federal courts throughout the country. We are able to provide our clients with a level of trial experience rarely found in most firms, regardless of size.
http://www.lynberg.com/about-us |
|
|
|
|
|
|
Estate Planning - Lifetime Planning
Law Firm Business |
2010/09/03 14:17
|
Marathon Legal LLC
Estate planning is a gift to yourself and to the people you love. Even those of modest wealth should plan their estates, because modern estate planning means more than distributing property and avoiding taxes. At its core, fine estate planning reaches beyond tax and distribution concerns by including written expressions of your values as they pertain to the relationships you have with other people and the wishes you have for your own care should self-care become impossible. Fine estate planning minimizes family acrimony and mitigates the burden which poor planning transfers to the people you love when you pass away or become incapacitated.
As these comments suggest, estate planning can address a wide variety of concerns. Although two estate plans are rarely identical, Wisconsin law has developed reliable ways to address most common concerns. What follows are brief descriptions of the most common estate planning concerns and the corresponding legal mechanisms which are best designed to address them.
Avoiding Probate
The length and cost of probate should be of special concern to Wisconsin residents with estates whose monetary value exceeds $50,000. Avoiding these pitfalls of probate normally involves ensuring that one’s assets are properly titled and beneficiaries properly designated. Sometimes trusts are the most practical way to save your family the expense and burden of probate.
Providing for Minor Children
Planning your estate affords you the opportunity to speak on behalf of your minor children should you pass away or become disabled. Rather than having a court decide who will care for them, your estate plan allows you to name appropriate guardians of your choice. Your plan can also address how you wish to provide for your children’s support.
Incapacity Planning
As life expectancies lengthen, planning for incapacity or disability becomes increasingly important. Powers of attorney, advance directives, and other documented instructions enable the people you trust to manage your finances and healthcare when you cannot do these things for yourself. These aspects of your plan minimize the time and hassle others may encounter when trying to act on your behalf.
Minimizing Estate Taxes
Large estates should be concerned about laws which tax the transfer of wealth from older to younger generations. Fortunately, these laws also reward those who plan ahead. With proper planning, it is not uncommon for large estates to save tens-of-thousands of dollars in estate taxes – far more than the cost of most well-drafted plans. |
|
|
|
|
|
|
Marathon Legal LLC
Firm Websites |
2010/09/01 14:17
|
Marathon Legal LLC enhances the legal profession by delivering exceptionally honest, transparent, and thorough legal representation at a fair price to the residents and businesses of Wisconsin. The firm improves the quality of human relations by modeling relationships built on trust and by rendering sound legal advice which promotes enduring justice, fairness, and goodwill. Marathon Legal LLC connects busy people to the operation of law as seamlessly as modern markets and technology practically allow.
Marathon Legal LLC provides business law, estate planning, and family law services to all of Central Wisconsin, including Marathon County, Marshfield, Portage County, Schofield, Stevens Point, Wausau, Weston, Wisconsin Rapids and Wood County. |
|
|
|
|
|
Legal News RSS Feed
