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Business Organization Constitutional Law Wills, Trusts, & Estate Planning

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Litigating trust matters in the federal courts (U.S.): A jurisdiction primer

by Charles E. Rounds, Jr. on

The diversity jurisdiction of the federal courts generally does not extend to state probate matters. However, this so-called “probate exception to federal diversity jurisdiction” does not apply to trust disputes. See...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

New Delaware Unclaimed Property Decision Further Complicates Landscape

by McDermott Will & Emery on

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

Florida Spendthrift Trust Protection Withstands Constitutional Challenge [Florida]

by Charles (Chuck) Rubin on

Louis Steinmetz signed a personal guaranty of a $350,000 loan made to an LLC. The LLC defaulted on the loan....more

The Founding of Damon Key Leong Kupchak Hastert (1963-2013)

by Robert Thomas on

Founded in Honolulu in 1963 by Frank Damon, a Hawai‘i-born descendant of missionaries from New England, and Henry Shigekane, the son of Japanese immigrants, Damon & Shigekane pioneered new territory by crossing ethnic lines —...more

A Misleading Article in the Wall Street Journal (Weekend Investor) Suggesting that Social Security is a Funded Pension Plan.

by Charles E. Rounds, Jr. on

Two U.S. Supreme Court cases long ago confirmed that Social Security is an unfunded federal welfare program. One writer at the Wall Street Journal has apparently yet to get the message. ...more

Social Security Legally Is Just a Government Welfare Program

by Charles E. Rounds, Jr. on

It all comes down to political risk versus market risk. Social security legally is merely a government welfare program masquerading as a quasi-private funded defined benefit pension plan. Social security bestows no legally...more

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