LLCs have several key characteristics that make them a better kind of business entity for most owners. If you are a member or manager of a New Hampshire limited liability
Cunningham on LLCs: liability shields
Forced Third-Party Releases: A Debate on How Mass Tort Claims are Handled
Can the bankruptcy court force non-consensual third party releases? The United States Bankruptcy Court and the United States District Court, both for the Southern District of New York, come to
EEOC Updates Rules Governing Workplace Covid Screening, Protocols
New guidance narrows employers’ ability to screen employees. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance and this article summarizes the key topics
Know the Law: Let’s Move This Along – Accelerating Limitations Periods in Trust Administration
Q: How can trustees reduce the limitations periods for challenges to the trust instrument or the trustee’s administration? A: In probate litigation, there are two primary challenges a beneficiary will
Independent Schools, Tax-Exempt Status, and Title IX Implications of Recent Federal Court Decisions
Brian B. Garrett and Linda S. Johnson discuss Independent Schools, Tax-Exempt Status, and Title IX Implications of Recent Federal Court Decisions in this webinar. If you would like to view
Independent Schools, Tax-Exempt Status, and Title IX: Implications of Recent Federal Court Decisions
A federal district court in Maryland recently held that a Maryland independent school’s 501(c)(3) tax-exempt status constitutes federal financial assistance, thereby requiring the school to comply with Title IX. Just as
Extensive Examination and Overhaul of Federal Merger Review and Antitrust Enforcement
On July 9, 2021, President Biden signed an “Executive Order on Promoting Competition in the American Economy” (EO) directing, among other things, that the Federal Trade Commission (FTC) and the
Know the Law: The SECURE Act and Supplemental Needs Trusts
Q: A child of mine has special needs, and I previously created a Supplemental Needs Trust for her benefit. What should I consider in updating my estate plan in order
Managing Legal Risks Arising From Co-worker Romances
In the wake of #MeToo, many companies have policies prohibiting, and sometimes requiring disclosure of, romantic relationships. Earlier this year, Jeffrey Zucker resigned as President of CNN acknowledging that he
Know the Law: Separating Business Assets and Real Estate
Q: I am looking to purchase a building in which to operate my business. Should I use a separate entity to own the building? A: In most situations, yes. Holding
NIL – Why You Should Care
Last month marked the first anniversary of the U.S. Supreme Court’s watershed decision, NCAA v. Alston, which opened the door for student-athletes to profit off their name, image, and likeness,
Know the Law: What Does It Mean for a Business Entity to “Check the Box”?
Q: What does it mean for a business entity to “Check the Box”? A: The phrase “Check the Box” refers to eligibility of certain business entities to elect how they
What To Do if an OSHA Violation Arrives
Accidents happen. It can happen to even the most safety-minded employers. An employee falls from a ladder and breaks a bone. A worker is injured on a piece of machinery.
IRS Announces New Retirement Plan Pre-Examination Program
The Internal Revenue Service announced last week that it was piloting a pre-examination retirement plan compliance program beginning this month. This program involves the IRS notifying an employer by letter
What’s Mine is Maybe Yours: Spotting IP Chain of Title Issues in M&A Transactions
Intellectual property (“IP”) is a key business asset that provides important rights and competitive advantages. In the merger and acquisition (“M&A”) context, IP is often given special consideration when negotiating
Know the Law: Regulatory Compliance and Liability for Oil Storage Tanks
Q: I recently purchased land with an aging oil storage tank on it. What liability do I have if it is leaking? A: Strict compliance with all applicable environmental laws