One of the tools that companies have to protect themselves includes employee agreements and contracts. These documents can prevent people from disclosing confidential information or working with the competition in the event of a job change. When both parties comply with the terms of these contracts, there may be little cause for concern. However, if an employee does leave one company to work for a direct competitor, for example, legal disputes can arise. In order to resolve these situations, oftentimes the case will head to court where employment contracts and new job positions will be scrutinized. We have seen this …
Estate Planning for the 18 Year Old
When my son, Sam, celebrated his 18th birthday, I gave him (surprise!) his very own set of estate planning documents. They were not as popular as, say, a Land Rover, but they were definitely at the top of “my” list. Why? Because he was now an adult and I was now persona non grata. My son’s 18th birthday terminated many legal rights that I had previously taken for granted. He was now an adult. I could no longer consult with his doctor due to HIPAA regulations (although the billing office had no such qualms). I was unable to endorse Grandma’s …
Steve McHugh Honored by Choices in Community Living
For over a decade, attorney Steve McHugh served on the Board of Directors of Choices in Community Living, a nonprofit agency that provides lifelong person-centered, community-based residential options and other services for people with developmental disabilities. Steve was honored at a special retirement ceremony and received a plaque from Executive Director Tom Weaver for his dedicated service.
Looking to reorganize your business? Focus on decisions
Any time a company is struggling to pull in a profit, stay competitive or achieve its goals, business owners may very well consider reorganization. This action can shake things up and potentially reveal problems that were hidden or causing avoidable setbacks, but it can also significant upset the daily and short-term capabilities of a company. With this in mind, it should be clear that reorganization should not be done on a whim or without a strategy in place. There are many different approaches to consider and it can be crucial to assess the changes and potential fallout that can be …
Sam Warwar Pens Dayton Bar Briefs Article on Charitable Giving
Tax Attorney Sam Warwar penned an article that appeared in a recent edition of Dayton Bar Briefs, a publication of the Dayton Bar Association. The article addressed charitable giving and using closely held stock to make a charitable gift. To read the article, click here.
Anti-trust laws and preventing monopolies
Merging with or acquiring another business can be a critical step in any company’s growth. However, they are complex and intricate processes that don’t just happen overnight. It can take considerable planning, valuation and negotiation to get to the point where a merger or acquisition can be considered and/or approved. Even at this point, there is the potential for the deal to be denied if the Federal Trade Commission believes it could violate antitrust laws that prevent monopolies. Most mergers do not raise any red flags. According to the Department of Justice and the FTC, just 5 percent of merger …
Are there grounds to challenge a business contract?
Contracts can be one of the most important tools protecting your company right now. These legal documents are crucial in establishing expectations, defining roles and setting boundaries that can prove to be critical in just about any industry. However, a contract is only as strong as its terms. This means that if you are party to a contract that has unenforceable terms, the entire agreement itself may be voided. There are many different reasons why a contract or certain clauses may be deemed invalid. They can be challenged if they are: Inherently unfair to one party Illegal or include violations …
New Law Requires 501(c)(4) Organizations to File with the IRS
On December 18, 2015, President Obama signed The Protecting Americans from Tax Hikes Act (the “Act”). The Act contains a requirement that 501(c)(4) social welfare organizations file a notice with the IRS. Prior to the Act, 501(c)(4) organizations could, but were not required to, submit a Form 1024 requesting tax-exempt status from the IRS. The new notice requirement applies to 501(c)(4) organizations that are created after December 18, 2015 and to certain organizations existing on that date. New organizations are required to file the notice with the IRS no later than 60 days after the organization is created. For other …
The Importance of “Wrap” Documents – A Key to ERISA Compliance for Group Health and Welfare Plans
To ensure compliance with ERISA’s documentation and disclosure rules for health and welfare plans (medical, dental, vision, group term life insurance, and disability insurance plans), the plans must be set forth in written plan documents that meet specified content requirements. Although employers receive insurance policies or certificates of coverage from insurers or third party administrators, these documents rarely specify the named fiduciary, the procedures for amending the plan or the allocation of responsibilities for the operation and administration of the plan among the employer, the insurer, and the third party administrator. ERISA also requires employers to provide to each employee …