News & Analysis as of

Personal Property

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

Income, from Whatever Exchange, Mine, or Fork Derived: The Basics of U.S. Cryptocurrency Taxation

In this first of (we hope) many posts on the interesting and myriad tax issues arising in the world of cryptocurrency and blockchain technology, we focus on the very basic U.S. federal income tax consequences of...more

Decoding the Tax Cuts and Jobs Act – Part II: IRC § 1031 and Tax Deferred Exchanges Take a Haircut

by Garvey Schubert Barer on

BACKGROUND - On February 21, 2014, then House Ways and Means Committee Chairman Dave Camp (R-Michigan) issued a discussion draft of the “Tax Reform Act of 2014.” The proposed legislation spanned almost 1,000 pages and...more

Court Held That A Testator Was Partially Intestate And Did Not Leave His Real Property To His Niece Under His Will

by Winstead PC on

In In re Estate of Neal, Larry Ronald Neal executed a will in which he bequeathed his personal property to his niece, Valorie Jean White, and omitted a devise to his daughter. No. 02-16-00381-CV, 2017 Tex. App. LEXIS 10541...more

The Impact of the Tax Cuts and Jobs Act on LIHTC Investments

The Tax Cuts and Jobs Act contains changes impacting the LIHTC Program. While the low-income housing tax credit program emerged largely unscathed, the reduction in corporate tax rates will reduce equity pricing. ...more

Tax Reform – Like-Kind Exchanges: Steps for Aircraft Owners to Consider Before the End of 2017

President Trump just signed into law the most significant tax reform legislation since 1986. This legislation, formerly known as the Tax Cuts and Jobs Act (“the Act”), impacts aircraft owners directly. Beginning in 2018,...more

Prenuptial Agreements - Who Needs Them?

A prenuptial agreement is a contract between prospective spouses before they marry, which governs certain issues in the event of divorce or death, such as property division, spousal support, and rights of a surviving spouse....more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more

Three Reasons Why Giving Your House to Your Children Isn't the Best Way to Protect It From Medicaid

You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it....more

Another Foolish Inconsistency – This Time For Broker-Dealers

by Allen Matkins on

Yesterday’s post chided Glass, Lewis & Co., LLC for its inconsistent positions on majority rule. Today’s post tackles a foolish inconsistency in the California Codes. Section 25217(c) of the California Corporations Code...more

NC Business Court On Conversion Of Electronic Data

by Brooks Pierce on

The Defendant in SQL Sentry, LLC v. ApexSQL, LLC, 2017 NCBC 105 was alleged to have copied the Plaintiff's software program which was designed to make "resource intensive T-SQL queries. . . in the Microsoft enterprise...more

Podcast Episode 12 - When the Government Pays for the Moving Van with Ms. Lisa Harrison

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. ...more

The Importance of Medical and Financial Powers of Attorney and Healthcare Directives for Young Adults: a Q&A with PK Law Estate...

by Pessin Katz Law, P.A. on

The Importance of Medical and Financial Powers of Attorney and Healthcare Directives for Young Adults: a Q&A with PK Law Estate Planning Attorney Cheryl Jones. Q: Why do young adults need Financial Powers of Attorney and...more

Ontario seeks to reduce red tape with changes to the Personal Property Security Act

by DLA Piper on

The Ontario government introduced Bill 154, the Cutting Unnecessary Red Tape Act, 2017 on the 14th of September. The Bill, which makes amendments to over 125 Ontario public acts, received Royal Assent on November 14, 2017....more

In Bankruptcy, a Lease Isn't Always a Lease

by Ward and Smith, P.A. on

In In re Price, the United States Bankruptcy Court for the Eastern District of North Carolina recently explored the difference between a “true” lease of personal property and “disguised” financing. Creditors should take heed...more

Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the...more

Residency and Personal Property Opinion Vacated

by Steptoe & Johnson PLLC on

Based upon the agreement of the parties, the United States District Court for the Southern District of West Virginia vacated and withdrew the memorandum opinion previously issued by the Court in Shank v. Safeco Ins. Co. of...more

Judicial Guidance about "Perfection by Possession" under Australia's Personal Property Securities Act

by Jones Day on

The Federal Court of Australia has provided judicial guidance about what constitutes taking possession by seizure under the Personal Property Securities Act 2009 (Cth) ("PPSA"). Knauf Plasterboard Pty Ltd v Plasterboard West...more

Look! Up in the Sky! It’s Sibling Lawyer!

by Downey Brand LLP on

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

Sale of Fractional Aircraft Shares Not Taxable Under New York Law

by Benesch on

New York’s Department of Taxation and Finance recently released an Advisory Opinion concluding that the sale of fractional aircraft shares are not taxable under state law. New York tax law imposes sales and use tax on retail...more

Must A Broker-Dealer Be Licensed As A Personal Property Broker?

by Allen Matkins on

Is your California securities broker-dealer a licensed personal property broker? Does it need to have such a license to make loans to its customers? Anyone reading California Corporations Code Section 25217(c) would...more

Yes, your 18-year-old does need estate planning!

by Thompson Coburn LLP on

A common misperception is that estate planning is only for the old or the wealthy. Often, estate planning becomes urgent, something done quickly due to an upcoming trip or in response to a health scare. Estate planning,...more

Ninth Circuit Allows Leases To be Stripped in Section 363 Sale

by Ballard Spahr LLP on

Courts consistently have held that the sale of real property under the Bankruptcy Code cannot "strip off" the leasehold interests in that property. Until now, only one case held to the contrary and was generally considered an...more

Client Alert on Secured Transactions Law in Azerbaijan - New Law on Secured Transactions with Movable Property in Azerbaijan

by Dentons on

In late May 2017 the President of the Republic of Azerbaijan signed the new Law on Secured Transactions with Movable Property. The law was prepared based on the UNCITRAL Model Law on Secured Transactions. ...more

If It Doesn’t Say So, It Aint So: Michigan Supreme Court Holds For-Profit Schools Entitled To Property Tax Exemption

by Fraser Trebilcock on

A unanimous Michigan Supreme Court decision this week will have big implications for for-profit schools and colleges – and even for-profit laboratories, research and development facilities, and test centers. On Monday,...more

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