Resources
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Structuring Salary Continuation and Disability Insurance Plans
I. Statutory AnalysisA. Income Exclusion For Benefits. Gross income does not include amounts received through accident or...
Incorporating Disability Buyouts Into Stock Restriction Agreements
I. PURPOSES OF STOCK RESTRICTION AGREEMENTS (A/K/A BUY/SELL AGREEMENTS)
Sound Agreement Helps Rep Avoid Loss of Commissions
After signing a new contract with a principal, most reps will properly focus on generating sales within the newly assigned territory. Even in this era of corporations getting gobbled up or “restructured” on a regular basis, little thought is given to what happens if the principal gets bought out. Yet several important questions are usually presented.
Limits on Access to Social Media Communications are Inconsistent
Individuals suing companies, especially those raising personal-injury or employment claims, must recognize that their social media postings are increasingly subject to exploration in discovery. A plaintiff claiming debilitating back injuries, for example, would do well to avoid posting post-accident photos of herself on horseback.
Minimizing the Net Investment Income Tax
Question: As I derive a significant amount of my income from passive sources. I am concerned about the new investment income tax and the impact it may have on me. Are there any actions I can take to avoid or minimize this tax obligation?
Effectively Negotiating Rep Contracts And Other Agreements
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Discovery of Posts on Social Media Remains Governed by Traditional Rules
Kurtis Jewell and more than 1,700 of his current and former co-workers at Aaron’s Inc. claim their jobs were so pressure-packed they could not take lunch breaks, in violation of the Fair Labor Standards Act, 29 U.S.C. Sections 201-219.
Protecting Retirement Plan Assets From Creditors
Question: I have a significant balance in my employer’s 401(k) plan. Upon my upcoming retirement, I intend to roll over the funds in my employer’s plan to an individual retirement account (“IRA”) which will pass to my children upon my death. Will the assets in my IRA be exempt from my creditors during my lifetime and from my children’s creditors after my demise?
NBA Point Guard’s Father Wishes His Home Court for Suit was in Chicago
Ordinarily, when partnerships or employment relationships end abruptly, and a partner or employee leaves disgruntled, no weapon is more important than a well-drafted, up-to-date non-compete agreement. But consider the case of Ronnie Chalmers, father of standout Miami Heat point guard Mario Chalmers.
Treating S Corporation Stock Purchases as Asset Purchases
Question: I am the owner of an S corporation which is purchasing another business operated by an S corporation. I have been advised that I am better off for both tax and liability reasons structuring the transaction as a purchase of the assets of the target corporation rather than a purchase of the stock of the target corporation. However, the target corporation has some licenses and other assets which are not readily transferable making it more beneficial to acquire the target corporation’s stock. Are there any options available to me to avoid the consequences of a stock purchase?