News & Analysis as of

Trust Funds

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 7th Proposed Order and Assessment (“Order”) to Pilot Travel Centers, LLC (“Pilot”) addressing alleged violations of the Tennessee Underground...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed May 23rd Order and Assessment (“Order”) to Racetrac, Inc. (“Racetrac”) addressing alleged violations of the Tennessee Underground Storage...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Retail Motor...

The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged...more

Rivkin Radler LLP

Trust Fund Recovery Penalty & The Closely Held Business

Rivkin Radler LLP on

Depending upon what you read or, perhaps more accurately, depending upon how much you believe of what you read, you may be aware that many closely held businesses are concerned about their future. Most of these survived...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Trust Fund Eligibility: Proposed Tennessee Department of Environment and Conservation Order/Assessment...

The Tennessee Department of Environment and Conservation (“TEDC”) issued on March 18th a Proposed Order and Assessment (“Order”) to M&M Spartasmoke LLC (“M&M”). See Case No. Fed. 24-0008. The Order addresses a facility...more

Walkers

What became of forever? The rule against perpetuities' last stand in Jersey

Walkers on

Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey, the Royal Court has found the rule to form part of the underlying fabric of Jersey...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Enacts Landmark Legislation to Overhaul Affordable Housing Laws

On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance...more

Ankura

Proceeds of Crime and the Cautionary Tale of Convicted Fraudster Achilleas Kallakis

Ankura on

Recent SFO Confiscations Linked To Decade-Old Crime - On 24 November, the Serious Fraud Office (SFO) successfully confiscated £250,000 from Achilleas Kallakis, which was held as a debenture by The Queen’s Club, home of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Chattanooga Solid Waste...

The Tennessee Department of Environment and Conversation and BFI Waste Services, LLC (“BFI”) entered into a December 11th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more

Pillsbury Winthrop Shaw Pittman LLP

NCAA Proposes New Division I Subdivision Which Allows Universities to Directly Compensate Student-Athletes

Member institutions should begin preparing in earnest for direct student-athlete compensation. The NCAA president unexpectedly circulated a governance blueprint last week that would significantly alter existing Name, Image...more

Jackson Lewis P.C.

Changing of the Guard: NCAA Presents Pathway for Division I Schools to Pay Athletes

Jackson Lewis P.C. on

NCAA President Charlie Baker has advanced the idea of giving universities and colleges (with the most-resourced athletic departments) the option to pay student-athletes. The emergence of national, image, and likeness (NIL)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Aboveground Storage Tanks: An Arkansas Petroleum Storage Tank Trust Fund Reminder

The Arkansas Petroleum Storage Tank Trust Fund (“Trust Fund”) is a state statutory mechanism has been used by both underground and aboveground storage tank owners and operators for over 30 years to address petroleum leaks and...more

Kohrman Jackson & Krantz LLP

Validity of Handwritten Wills in Ohio: Insights from Aretha Franklin’s Case

During a two-day trial last summer, a Michigan jury concluded that a handwritten note penned by Aretha Franklin in 2014, found in a drawing book beneath sofa cushions in her home, holds legal validity as a will. The jury...more

Gray Reed

“Hi, I Think Your Dad is Also My Dad”: Illegitimate Heirs – Fiduciaries

Gray Reed on

Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative...more

Bowditch & Dewey

Tales from the Docket: Who Gets the Money When a Trust Fails?

Bowditch & Dewey on

In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy...more

Hissey, Mulderig & Friend, PLLC

Asbestos Bankruptcy Trusts Offer Compensation to Victims of Exposure and Families

The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more

Cozen O'Connor

Cozen Cities - October 5, 2023

Cozen O'Connor on

CHICAGO — Chicago Government’s IT Infrastructure Inefficient to the Point of “Barely” Working, Consultant Tells City Council- An IT consultant hired by City Hall to diagnose the city’s wide array of technological woes urged...more

Rivkin Radler LLP

The Trust Fund Penalty – Times May be Tough, But Don’t “Borrow” from Withheld Taxes

Rivkin Radler LLP on

It’s wonderful to be part of a successful business, especially in a strong economy. The owners are probably enjoying a more than just decent return on their investment and, in most cases, are getting along well enough. The...more

Ward and Smith, P.A.

Gimme Shelter: General Trust Planning for Future Generations

Ward and Smith, P.A. on

Some are quick to dismiss asset protection trust planning as too complex or unnecessary.  For those not in a "certain tax bracket," this type of planning may seem like an over-reach by an estate planning attorney.  There are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Polk County Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Arkansas Department of Energy & Environment - Division of...

As previously noted in a June 26th post, Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order Addressing...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a June 28th proposed Order and Assessment (“Order”) to Mac’s Convenience Stores (“MCS”) addressing an alleged violation of the Tennessee Underground...more

McDermott Will & Emery

Weekly IRS Roundup May 30 – June 2, 2023

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of May 30, 2023 – June 2, 2023....more

Cole Schotz

Mortgage and Mechanics Lien Priorities and the Section 13 Trust Fund

Cole Schotz on

States struggle to strike the right balance between assuring payments to a contractor who improves real property and a lender whose financing helps make those improvements possible in the first place....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Hazardous Waste Generators - Reminder: Arkansas Department of Energy & Environment - Division of Environmental Quality...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a May 4th email reminder to Arkansas Hazardous Waste Generators regarding the due date for remittance for Remedial Action...more

Warner Norcross + Judd

When a Non-trustee Helps Administer the Trust

Warner Norcross + Judd on

In re Esther Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished). Wendell and Esther Kratzer, husband and wife, had four children including...more

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