Report from Counsel, Author at Ross Law Firm Ltd.

Fall 2009 Report from Counsel here!

03/24/201308/18/2009 by Report from Counsel

Gender stereotyping can lead to law suits under the Family Medical Leave Act. “Caregiver Bias” A recent federal appeals court decision required an employer to pay overtime compensation to salaried workers due to the employer’s performance-based bonus compensation plan.“Bonus Plan May Trigger Overtime” Adventure sports and other hazardous hobbies can lead to the loss of … Read more

New Identity Theft rules Affect Businesses

08/17/202007/30/2009 by Report from Counsel

Faced with the reality that identity theft continues to cause billions of dollars in losses for individuals and businesses each year, the Federal Trade Commission (FTC) has issued “Red Flag Rules” that are intended to fight the problem by requiring businesses to implement procedures designed to detect and respond to identity theft.

Estate Planning for Vacation Homes

08/17/202007/26/2009 by Report from Counsel

Whether it is a palatial estate where Rockefellers and Vanderbilts would feel at home or a rustic cabin in the woods complete with an outhouse, a family vacation home often carries sentimental value that doesn’t show up on financial ledgers. That is all the more reason why owners of such homes should plan for the … Read more

Cold Feet Cost Groom $150,000

08/17/202007/26/2009 by Report from Counsel

Sometimes even the best laid marital plans go astray. Usually when that happens, litigation does not ensue, but there are precedents for a cause of action for breach of a contract to marry. In one such recent case, a jilted bride-to-be recovered a substantial jury verdict from her fiancé after he called off the planned … Read more

Religous Land-Use Lawsuits

08/17/202007/26/2009 by Report from Counsel

The land-use portion of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) was enacted to prevent discrimination by the government against the use of real property by religious organizations. On its face, the wording of the statute may appear to apply to circumstances that arise infrequently, but many churches and other religious institutions have used the RLUIPA to get their way in zoning standoffs with local governments.

Roth 401(k)s

08/17/202007/26/2009 by Report from Counsel

It has become more common for employers to offer not only conventional 401 (k) retirement plans, but, since they became available in 2006, also Roth 401(k) plans.

For 2009, an employee can put away a total of up to $16,500 in a 401 (k) plan. If the employee is at least 50 years old or will be before the end of the year, the maximum contribution rises to $22,000 because of a “catch up” contribution of up to $5,500. The total contribution may be allocated between 401(k) and Roth 401(k) accounts. In fact, the prevailing view is that it is a good idea to have some money in both types of plans because doing so will yield benefits from a diversified exposure to taxes.

E-Mails Can Modify Contracts

08/17/202007/26/2009 by Report from Counsel

We send e-mails so casually and with such informality, even in the business environment, that it is easy to forget that they may carry significant legal consequences. It is only prudent to bear in mind that even e-mails written in the most conversational style may create legal obligations no less binding than a more conventional written agreement laden with legalese and signed with all formalities.

If a business wants to entirely avoid the possibility of having e-mails treated as binding amendments to existing contracts, the best approach is to be as clear and direct as possible on the subject by including language in contracts to the effect that e-mails do not count as signed writings for purposes of any contract amendments.

Federal Privacy Rule Projects Health Information

06/01/201604/28/2009 by Report from Counsel

Recently, the first-ever federal privacy standards to protect individuals’ health-care information went into effect. The mandate for these standards, collectively known as the Privacy Rule, was in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Privacy Rule gives individuals access to their medical records and greater control over the use and disclosure … Read more

Debtors and Creditors

06/01/201604/28/2009 by Report from Counsel

Personal Guarantees Nondischargeable Stanley and his wife, Kay, owned and operated a travel agency. To facilitate the business of selling airline tickets, the agency entered into an agreement with an airline ticket broker. The broker acted on behalf of airline carriers, issuing tickets and collecting payments from travel agents. The travel agency maintained a trust … Read more

Highlights of The New Federal Tax Act

06/01/201604/28/2009 by Report from Counsel

On May 28, 2003, the Jobs and Growth Tax Relief Reconciliation Act of 2003 became law. Much of this federal tax law applies only to the years 2003 and 2004, after which provisions in the 2001 Tax Act will again become effective. Nonetheless, the Act contains some significant changes for individuals as well as businesses. … Read more