ERISA Lessons Learned from Tibble v. Edison

August 9th, 2016   •   Comments Off on ERISA Lessons Learned from Tibble v. Edison   

The Supreme Court gives sponsors of 401(k) plans a wake-up call. The Employee Retirement Income Security Act governs – as its name implies – retirement plans of your employees.  ERISA imposes a duty on fiduciaries to act in the best interest of the plan’s participants.  The term “fiduciary” under ERISA includes plan sponsors and decision… Read More

Estate Planning Newsletter – July 2016 Edition

August 9th, 2016   •   Comments Off on Estate Planning Newsletter – July 2016 Edition   

PRENUPTIAL AGREEMENT HELD INVALID BECAUSE OF LACK OF ADEQUATE DISCLOSURE   Frequently, I am asked about Prenuptial Agreements, I have clients that want to do them, or I am asked to review Prenuptial Agreements.   One of the critical requirements for a valid Prenuptial Agreement is that the parties make a full and fair disclosure of… Read More

Business Transaction Newsletter – July 2016 Edition

August 9th, 2016   •   Comments Off on Business Transaction Newsletter – July 2016 Edition   

WHEN IS A CONTRACT TOO VAGUE TO BE ENFORCEABLE?   In the case of Keltner v. Estate of Mary Lois Simpkins, the Court of Appeals found a contract was not enforceable because it was too vague.  In effect, the Court found that a future agreement to agree is not an enforceable contract.   The facts… Read More

Estate Planning Newsletter – June 2016 Edition

August 8th, 2016   •   Comments Off on Estate Planning Newsletter – June 2016 Edition   

A HISTORY LESSON FEDERAL ESTATE TAX TURNS 100 YEARS OLD   A few weeks ago, The Wall Street Journal published an article explaining the history of the Federal Estate Tax based on the fact that it turns 100 years old this year. In 1916, as World War I raged in Europe, Congress wanted to boost… Read More

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