Late last year, Congress and the President enacted sweeping new tax legislation that fundamentally affects the family both during marriage and following divorce. The Tax Cuts & Jobs Act (“TCJA”) made four key changes of which you should be immediately aware....
New Tax Act Slices Deduction for Payments and Fees on Confidential Sexual Harassment or Abuse Settlements
A deep look into the new Tax Act reveals a significant change in existing law regarding the deductibility of confidential sexual harassment settlement payments and attorney’s fees. Previously, settlement payments (for defendants) and the attorney’s fees necessary to...
When Should I Update My Estate Plan?
I recently worked with a client after his spouse passed away. Their revocable living trust had been drafted in 2000 by a competent attorney. At that time, the federal estate tax exemption was $675,000. The estate tax exemption is the amount of money that a person...
Technological Literacy: The New Normal for Legal Practice
The Minnesota Rules of Professional Conduct now require a lawyer to maintain technological literacy in legal practice. Such technological literacy is critical because lawyers are attractive, and increasingly frequent, targets of cyber criminals. To develop...
Department of Transportation Revised Employee Drug Testing Rules Effective January 1, 2018
On January 1, 2018, commercial motor vehicle drivers and those performing safety sensitive functions for cargo and passenger carriers (collectively “drivers”) regulated by the United States Department of Transportation (DOT) will now be screened for four additional...
Motor Carriers and New Electronic Logging Device Regulations
For businesses involved in the interstate transportation of goods by truck, December 2017 brings an important change – into the electronic age – as to how drivers must keep track of their working hours. For many decades the federal government limited the number hours...
Estate Planning: Check Things Twice Before Moving on to 2018 Resolutions
Estate planning may not be at the top of most people's minds during the holidays. But it is important to check things twice before moving on to 2018 New Year's resolutions. For many of us, this includes updating our estate plans, figuring out what's happening with...
2017 Estate Tax Update
From comprehensive tax reform making its way through congress, to the changes to the Minnesota estate tax, it has been an eventful year for estate planning. While tax changes are not the most exciting topic for many of our clients, it is a topic that continues to be...
Taking a Last Minute Distribution From Your IRA? Consider a Qualified Charitable Distribution
Most of our clients have at least a portion of their savings in IRAs. Those that do not often have savings in a 401k, which will likely be converted to an IRA upon retirement. Both 401k and IRA plans allow a person to put money away tax free. However, when money is...
2017 Snowbird Update
There have been significant well publicized estate planning legislative updates in 2017, including the increase in the Minnesota estate tax exemption amount and the proposed repeal of the federal exemption. Two lesser-known changes impact one of Minnesota’s most...
2017 Year-End Estate Planning Checklist
As the end of the year approaches and with the holiday season in full swing, estate planning isn’t typically at the top of most people’s wish lists. Nevertheless, it is important not to move on to 2018 new year’s resolutions without tying up the loose ends from the...
Happy Holidays from Lommen Abdo
Beware of Economic Waste Doctrine in Wisconsin and Its Potential to Limit Recovery in Breach of Contract Cases
The United States Bankruptcy Court for the Northern District of Illinois recently held the “economic waste” doctrine, as applied in Wisconsin, prevented a property owner from recovering the costs to repair a structure on its property even though the court found the...
Appeals & Insurance Coverage Q&A with Kay Nord Hunt:
What advantages do you see in working with an appellate advocate? [Transcript] Kay Hunt's appellate experience - handled over 600 appeals. [Transcript] How do you weigh the cost/benefit analysis of appealing a decision? [Transcript] View all of the videos from this...
Property Tax, Commercial Litigation, Construction Litigation & Property Insurance Q&A with Michael Moline:
What is your experience? [Transcript] What should I expect if my home or business is damaged by fire, hail or a storm? [Transcript] What is property damage insurance appraisal? [Transcript] View all of the videos from this Q&A by...
Case Law Update
Farmers Were Not “Farmers” for Purposes of Conservation Easement Charitable Deduction Rutkoski v. Comissioner, 149 T.C. 6 (August 7, 2017). THE PARTIES: Mark Rutkoske and Felix Rutkoske are brothers who engaged in a farming operation through various business entities...
Minneapolis Sick and Safe Time Ordinance
SEPTEMBER 2017 UPDATE: Looking Good, Richfield! Minnesota Court of Appeals Affirms Lower Court’s Temporary Ban on Enforcement for Employers Located Outside the City of Minneapolis As we wrote about a few months ago, Minneapolis’s controversial Sick and Safe Time...
Minnesota’s Limited Liability Company Statute Changes January 1, 2018
Minnesota law regarding limited liability companies changes on January 1, 2018. On that date almost every limited liability company (LLC) formed in Minnesota under its "old" 1992 law will now fall under a new - much different - 2014 LLC law. The new law differs from...
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