Family Members

News & Analysis as of

Immigration and Nationality Act 50th Anniversary Series: National Origin Quotas to Skills & Family Based Immigration

Political Theater: President Johnson and the Bully Pulpit - Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to...more

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the...more

BALCA Affirms CO’s Denial Where Beneficiary Has an Ownership Interest in Closely Held Company

The Board of Alien Labor Certification Appeals (BALCA) upheld a Certifying Officer’s denial of an Employer’s Application for Permanent Certification due to the fact that the beneficiary and her husband each had a 50%...more

2015 California Labor and Employment Legislation Update: It’s Final!

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

Estate Planning Pitfall: You jointly own property with a family member

A common estate planning mistake that many people make is to own property jointly with a child or other family member. True, adding a loved one to the title of your home, bank account or other property can be a simple...more

Recent Legislation Brings Rhode Island out of the Past and into the Present in the Area of Adult Guardianships

On July 10, 2015, Rhode Island enacted significant legislation to address the ever-growing reality of incapacitated adults (persons having attained age eighteen) who need a guardian but spend time in more than one state. ...more

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 1)

I’ve handled over 100 estate disputes, and based upon my experience the following are 5 of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. I’ll follow this...more

A New Program Provides Law Enforcement a Direct Line to Offer Domestic Violence Victims Immediate Help

October is Domestic Abuse Awareness Month and thanks to a new program, Orlando Police will now be able to call a new, dedicated hotline when they see a domestic abuse situation on the scene. The hotline will put victims in...more

August FCPA Compliance Digest

August more than made up for the relative peace and quiet of July. This month’s digest features two new FCPA settlements, an update on Wal-Mart’s spending to resolve FCPA and compliance-related weaknesses and new anti bribery...more

Securities Litigation and Enforcement Newsletter

A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

Five Legal Documents Every Family Business Should Have (and Use)

Every business is different. Certainly, every family is different. But family businesses, as a group, share certain challenges and opportunities. In order to ensure their businesses survive, thrive and grow, leaders of family...more

Large Multinational Financial Services Company Settles FCPA Charges Relating to Internships

On August 18, the SEC announced a settlement with a large multinational financial services company over allegations that the company had violated the FCPA by giving internships to family members of government officials...more

Potential Limitations on Gift Tax Strategies Coming Soon

Valuation discounts have been a significant component of estate planning for many years. By contributing assets to a family entity and gifting or selling an interest in the entity to family members, you can effectively...more

BNY Mellon and Lessons Learned In Hiring Family Members – Part II

In yesterday’s post I reviewed the Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action involving the Bank of New York Mellon Corporation (BNY Mellon) around its hiring of sons and...more

The Time to Transfer Entity Interests Is Now - Trust and Estates Update Vol. 2015, Issue 1

Upcoming IRS regulations may significantly limit and reduce planning opportunities to transfer minority interests in closely held entities to family members and increase the transfer tax cost associated with moving such...more

The Pressure of Stepping into the Family Business

First and second generation family business owners spend an inordinate amount of time focused on building and preserving their family legacy. This is hard, hard work. For starters, it means not only growing the business and...more

Latest Challenge by IRS to Family Valuation Discounts

Overview. Many sophisticated estate planning techniques include gifts, sales or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from...more

New Florida Guardianship Law Takes Effect July 1, 2015

Florida will have a new Guardianship Law effective July 1, 2015. A couple of the more interesting portions include: If a person initiates a judicial proceeding to determine an individual’s incapacity the Power of...more

Recent Trends in Succession & Estate Planning [Video]

The traditional model for business owners to pass their assets on after death to spouses, children and grandchildren is for their professional advisors to suggest a tax-efficient structure which becomes embodied in wills,...more

Be Global - A look ahead to key international employment law developments expected in 2015

In This Issue: - ASIA PACIFIC: - Australia: Gender Equality Reporting Update - China: Predicted Increase in Collective Bargaining - China: Compliance with 10% Cap on Dispatch Workers - Hong Kong:...more

What You Need to Know About DAPA

Often times, an immigrant lacking proper documentation will be the mother or father to a child who is a U.S. citizen or lawful permanent resident, and they face a number of fears about their immigration status, most notably...more

Massachusetts Enacts Parental Leave for Both Mothers and Fathers

In one of his last acts as governor, former-Governor Deval Patrick signed into law on January 7, 2015 an amendment to the previous Massachusetts Maternity Leave Law that extends eight weeks of unpaid leave to both male and...more

Friends and Family: Keeping Loved Ones Safe from Insider Trading Temptations

The holidays are in full swing, and now is the perfect time for executives to renew their determination to protect family and friends by not sharing work secrets with them, even indirectly or obliquely. Each year,...more

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

U.S. Immigration Policy Catches Up with Assisted Reproductive Technology

On October 28th, US Citizenship and Immigration Services (USCIS) issued a new policy, clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act, to include a gestational mother who (a) gave...more

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