Mediation and Arbitration have their limitations when it comes to trust disputes. by Charles E. Rounds, Jr. on 4/1/2012 Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more
MSC Order List: March 21, 2012 by Warner Norcross & Judd - Appellate Practice... on 3/23/2012 The Michigan Supreme Court reversed the Court of Appeals in Morgan v. General Motors and reinstated the decision of the Workers’ Compensation Appellate Commission, reasoning that the Commission was correct when it held that...more
Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm... by Charles E. Rounds, Jr. on 1/1/2012 Though the trust is a judge-made creature of equity, the last eighty years have seen numerous rounds of uniform legislation codifying various aspects of the law of trusts, beginning with the Uniform Principal and Income Act...more
The Expenditure of Attorney Fees to Remove a Conservator Does Not, on its Own, Constitute Financial Elder Abuse by Sedgwick LLP on 11/7/2011 The California Court of Appeal (Second Appellate District, Division Seven), in an unpublished decision, recently upheld a trial court order sustaining a demurrer to a cause of action for financial elder abuse. The complaint...more
LAW SCHOOLS NO LONGER ADEQUATELY EQUIP THEIR STUDENTS TO THINK LIKE LAWYERS: THE UNINTENDED CONSEQUENCES OF DECONTEXTUALIZING... by Charles E. Rounds, Jr. on 11/1/2011 The process of paralegalizing the American legal academy is now complete. It was inevitable. A course in Contracts does not a complete lawyer make. The curricular marginalization of two of the other critical enforceable...more
Asset Protection and The Title To Your Home - Common Mistakes by IKE DEVJI on 9/6/2011 A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more
Asset Protection FOR CPAs by IKE DEVJI on 8/1/2011 One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more
Asset Protection Basics For Accountants by IKE DEVJI on 7/26/2011 One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more
In-House Law Clinics versus Doctrinal Instruction by Charles E. Rounds, Jr. on 6/30/2011 It is the conventional wisdom among today’s academics that law students are better off participating in clinical programs administered in-house by the law schools than taking traditional courses in agency and trust law....more
How to Pick an Asset Protection Lawyer - Due Dilligence Questions by IKE DEVJI on 6/10/2011 Article with key due diligence questions to help consumers and their advisors determine exactly who and what an Asset Protection planner is, how to avoid amateurs and common mistakes and how to pick the best help in a complex...more
New California Estate-Trust Case Recovery Of Attorneys' Fees After Settlement Martinez v. LA Metro Trans by David Tate on 6/9/2011 New California estate-trust case summary regarding the recovery of attorneys' fees after a statutory section 998 settlement offer, Martinez v. LA Metro Transportation....more
Nonprofit Board Standard of Care, Risk Management, and Audit Committee Responsibilities Updated 05/19/2011 by David Tate on 5/19/2011 A detailed paper updated May 19, 2011 discussing nonprofit board standard of care, risk management, and audit committee responsbilities, including the California Nonprofit Integrity Act....more
Physicians as Investment Fraud Targets by IKE DEVJI on 2/15/2011 In uncertain times people derive a false sense of comfort doing in business with a personal or social contact or a member of their own religious or ethnic community. That comfort level is unfortunately replacing required...more
Hall v. Kalfayan: Estate Attorney Owes No Duty to Non-Client, Potential Beneficiary When Testamentary Instrument Has Not Been... by Sedgwick LLP on 12/11/2010 There have been a number of decisions addressing the issue of when it is that an estate-planning attorney owes a duty of care to a non-client in connection with the drafting of a testamentary instrument. In Hall v. Kalfayan,...more
Privity and the Role of Limited Letters in Legal Malpractice Actions by Ruskin Moscou Faltischek on 11/29/2010 In a significant decision this summer, Schneider v. Finmann, 15 NY3d 306 (2010), the Court of Appeals loosened the privity requirements in legal malpractice actions. Specifically, in Schneider, the Court of Appeals held for...more