By Ralph A. Castelli, Jr.
Many times, lawyers find themselves in the role of translator. Clients come to us frustrated because they’ve gotten caught up in “the system” and they don’t understand all of the guidelines and documents put before them.
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By Thomas V. Trainer
Sending your child off to college or out into the working world is a proud yet nerve-wracking experience. Your 18 year-old is legally an adult, but he or she is still your baby. However, because your child is an adult, you can no longer make decisions on his or her behalf simply because you are the parent.
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By Joseph P. Buttiglieri
With advancements in medical care, families are faced with more complicated decisions concerning loved family members than ever and many are landing in probate court. Probate litigation is on the rise and it can be extremely stressful to people who suddenly find themselves battling family members.
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By Ronald S. Nixon
The Red Flags Rule is a fraud prevention measure that requires certain businesses to create and follow written procedures to identify, detect, and respond to warning signs (i.e. “red flags”) of identity theft. The Federal Trade Commission has delayed the rule several times, most recently in a press release on May 28, 2010. The press release also identified some potential changes in the scope of the rule as well as the types of businesses to which it would apply.
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By Stuart Sinai
More dangerous than Somalian pirates and Madoffian Ponzi schemes are CMOs, CDOs, CLOs, ARS, CDS, and SIVs. These “securities” are still weapons of choice of our Wall Street gangs (and too often our Main Street gangs).
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By Ralph A. Castelli, Jr.
Last year changed the way many families and individuals do business. Many of our behaviors are now different, including our approach to work.
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By Thomas L. Boyer
Using independent contractors instead of employees seems as good as striking gold in the backyard. With independent contractors you are not required to pay social security tax, Medicare tax, workers’ compensation premiums, federal unemployment tax and state unemployment tax. Moreover, you do not pay health insurance premiums, life insurance premiums, disability insurance premiums, sick days, vacation, or holidays. Independent contractors also cannot be organized by labor unions. What’s not to like? Is this the best thing since sliced bread? Maybe not.
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By Andrew J. Goldberg
For many people who want guidance in starting their own business, franchising can be a great alternative. However, becoming a franchisee requires analysis of many issues, a few of which are discussed in this article.
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By William B. Acker
Federal law has just extended and increased the availability of a federal income tax credit for certain buyers of a principal residence. These important changes could make it easier for you or someone in your family to buy or sell a home. The changes offer new opportunities under recently expired rules.
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By Ralph A. Castelli, Jr.
2009 put many businesses and families into a holding pattern. But Americans will not be immobilized for long. Many are cautiously optimistic about a New Year and the hope it could bring.
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By Andrew J. Goldberg
As 2009 draws to a close, Kemp Klein has been monitoring issues that will come to the fore in 2010.
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By Bonnie L. Beutler
A “green” building is constructed, maintained or operated in accordance with energy-efficient performance standards established by various industry groups.
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By Gloria M. Chon and Cynthia L. Umphrey
If you want to provide generations of your descendents with estate tax and creditor protected assets, you may now do so.
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By Thomas L. Boyer
The most common misconception concerning overtime is whether an employee is exempt from being paid overtime.
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By Amy A. Stawski
For most people, a divorce is an emotionally-charged event. But the decision whether to file for divorce needs to be a rational one because there’s a lot riding on it.
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By Ralph A. Castelli, Jr.
It seems as if real estate development and business loans have quickly been replaced by foreclosures and lending restrictions. While this presents new challenges for some, others are positioned to take advantage of real estate deals and sales on overstocked inventories.
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By Thomas J. O’Connor
Some businesses are getting pressure from their best customers to enter into receivable financing arrangements that look like a guaranty of faster payment. This practice, being forced by the customer’s bank, is yet another pounding on auto suppliers and there is evidence that it is spreading to other industries as well.
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By Ronald S. Nixon
A fraud prevention regulation, the Red Flags Rule requires “creditors” and “financial institutions” with “covered accounts” to create and follow written procedures to identify, detect, and respond to warning signs (in other words, “red flags”) of identity theft in their businesses.
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By William B. Acker
Businesses and individual debtors seeking to restructure or escape from debt obligations should carefully consider their income tax consequences. Debtors may be surprised to learn that when debt is reduced, the amount of the reduction is considered “ordinary income” for federal income tax purposes. Fortunately, that debt forgiveness income can be excluded from a debtor taxpayer’s income for federal and state tax purposes in certain situations.
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