Brundle v. Wilmington Trust N.A. The case involved a short-lived ESOP whose structure was unusual in that the sellers—the principal shareholders in a private security firm—agreed to sell 90% of their shares to the ESOP and exchange the remaining 10% for warrants. The warrants allowed the sellers to buy back equity in the company and  Continue Reading »

Of all the changes under the Tax Cuts and Jobs Act (TCJA), one of the biggest is the permanent installation of a flat 21% federal income tax rate for C corporations for tax years beginning after 2017. This new 21% applies equally to personal service corporations (PSCs) that were previously taxed more heavily than other  Continue Reading »

Violating the Fair Labor Standards Act (FLSA) for 461 summer camp employees is going to cost a Miami prep school almost $700,000 according to the U.S. Department of Labor (DOL). (DOL News Release 18-1191-ATL) After an investigation, the school will pay $635,269 to the camp counselors and was also assessed $47,578 in civil money penalties  Continue Reading »

The Tax Cuts and Jobs Act (TCJA) provides new and improved tax incentives for buying new and used business equipment for tax years starting in 2018. Some taxpayers may still see benefits from leasing though. When deciding which way to go, here are some important considerations. Pros of Buying The primary advantage of purchasing and  Continue Reading »

Electronically stored information (ESI), whether emails, spreadsheets, text documents, or others, is routinely requested as evidence in lawsuits. Destroying that data, or being unable to produce it during the discovery process, can result in some harsh legal penalties. Misconduct during e-discovery includes deleting, destroying, or otherwise not following court orders to preserve electronically stored information.  Continue Reading »

Small business owners are often looking for additional ways to lower their taxes. One simple and effective tax planning technique that is available thanks to the Tax Cuts and Jobs Act (TCJA) is to purchase a “heavy” vehicle, work from a qualifying home office, and keep detailed business expense records. This opportunity will be available  Continue Reading »

Does your Maine business deal with products instead of services? You need to make sure to factor in the potential liability for defective product claims. From state to state, laws regarding defective products vary, but in general, a product is considered defective if it causes injury or damage to a person as the result of:  Continue Reading »

Lally Orange Buick Pontiac GMC, Inc. v. Sandhu Although both sides in a Florida judicial appraisal action offered expert opinions on the value of a car dealership, the trial court used a valuation whose author and methodology were unknown. In rejecting the lower court’s finding, the appeals court provides a review of the principles applicable  Continue Reading »

When your company’s staff is culturally diverse, it can be tempting to require all employees to only speak English during the workday. You may be thinking it’s easier to promote unity and teamwork when everyone speaks the same language. It may not be legal though. This is a confusing area, and it is one that  Continue Reading »

In re Stericycle Financial expert testimony is critical to class actions, which are their own breed of lawsuits. What is still an unresolved issue is whether courts must perform a full Daubert inquiry at the class certification stage. A contract case illustrates the strategies the parties pursue to achieve or thwart class certification. A number  Continue Reading »