One of the powerful tools available to Utah estate planners is the domestic asset protection trust (DAPT). This article briefly explores what a DAPT is, how it differs from other irrevocable trusts, how it came to be in Utah and how to avoid common DAPT pitfalls in practice. What is a domestic asset protection trust? A DAPT is an irrevocable
The Hundred Years War between England and France is one of history’s most notorious conflicts. The war began in 1337, continued for 116 years – I’m assuming historians called it the Hundred Years War because that sounds better – and sowed death and destruction across Europe. Throughout the decades, one side claimed to have vanquished the other on numerous occasions,
“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state
“Take just a few more minutes and a little closer look at what you come across in your day-to-day. It could be the next big, ‘stupid’ idea.” There’s no such thing as a stupid idea … or, as I like to say, “No judgments during brainstorming.” In the world of class actions, one well-executed idea can make an entire career.
During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical
Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
“It is worth noting that the language of an executed and lawful written agreement is important to the determination of the parties intended consent.” It has been long settled in Tennessee that non-written contract modification agreements may be given effect notwithstanding written provisions strictly prohibiting the same. Lancaster v. Ferrell, 397 SW2d 606, 611-612 (2011). During WWI, Tennessee courts followed
In Kilby v. CVS Pharmacy, the California Supreme Court attempted to clarify the meaning of the “suitable seating” requirement in the Division of Labor Standards Enforcement wage orders. It specifically states that, “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court decided Kilby in response to
As a litigator, there may be times in your practice when a witness is not available or unwilling to come to court to testify. Typically you would take the witness’ deposition and attempt to introduce it pursuant to Rule 804 of the Tennessee Rules of Evidence, as the declarant is unavailable. However, there may be times that you are unable
One of the powerful tools available to Utah estate planners is the domestic asset protection trust (DAPT). This article briefly explores what a DAPT is, how it differs from other irrevocable trusts, how it came to be in Utah and how to avoid common DAPT pitfalls in practice. What is a domestic asset protection trust? A DAPT is an irrevocable
The Hundred Years War between England and France is one of history’s most notorious conflicts. The war began in 1337, continued for 116 years – I’m assuming historians called it the Hundred Years War because that sounds better – and sowed death and destruction across Europe. Throughout the decades, one side claimed to have vanquished the other on numerous occasions,
“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state
“Take just a few more minutes and a little closer look at what you come across in your day-to-day. It could be the next big, ‘stupid’ idea.” There’s no such thing as a stupid idea … or, as I like to say, “No judgments during brainstorming.” In the world of class actions, one well-executed idea can make an entire career.
During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical
Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
“It is worth noting that the language of an executed and lawful written agreement is important to the determination of the parties intended consent.” It has been long settled in Tennessee that non-written contract modification agreements may be given effect notwithstanding written provisions strictly prohibiting the same. Lancaster v. Ferrell, 397 SW2d 606, 611-612 (2011). During WWI, Tennessee courts followed
In Kilby v. CVS Pharmacy, the California Supreme Court attempted to clarify the meaning of the “suitable seating” requirement in the Division of Labor Standards Enforcement wage orders. It specifically states that, “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court decided Kilby in response to
As a litigator, there may be times in your practice when a witness is not available or unwilling to come to court to testify. Typically you would take the witness’ deposition and attempt to introduce it pursuant to Rule 804 of the Tennessee Rules of Evidence, as the declarant is unavailable. However, there may be times that you are unable
