Federal Appellate Court, 4th District, Affirms District Court as to Violation of ERISA but Allows Offset of Debt Forgiveness in Determining Damages
Walsh v. Vinoskey This case was an appeal from the well-publicized district court case regarding the violation of ERISA regarding the sale of stock by the company owner to a company ESOP. The appellate court affirmed that the district court did not err, finding that...
Social Media Marketing: The Latest Trends and Services You Need to See
Once upon a time, consumers generally expected a clear line of demarcation between advertising and editorial content. While holdouts remain — especially from older generations — younger audiences who came of age during or after the advent of social media often have no...
One-Third Partner in Real Estate Sued to Have the Partnership Dissolved Then Asked to Vacate His Dissolution Assertion, Which the Appellate Court Denied
Guttman v Guttman Bruce Guttman (Bruce), Phillip Guttman (Phillip), and Judith Douglas (Judith) are siblings and co-equal general partners of the Guttman Family Limited Partnership (the partnership), which owns real estate in Los Angeles. Bruce sued to dissolve the...
Remote Work Policies Can Bring Up Some Thorny Issues
You and your valued employees who work far from headquarters can encounter two administrative issues that possibly neither of you contemplated when the remote-working arrangement was agreed to: What happens to health benefits if there are no providers in your plan's...
A Louisiana Appeals Court Decides That the Trial Court Abused Its Discretion in Choosing the Method of Determining Damages
Dettenhaim Farms, Inc. v. Greenpoint Ag, LLC This decision of the appeal court of Louisiana took up the alleged damages of the soybean crop and the trial court’s findings on the matter. The appeal court found that the trial court abused its discretion when it chose an...
Spotlight on a Critical Anti Fraud Tool: Risk Assessments
Fraud risk assessments have been shown to prevent occupational fraud and limit losses for victimized organizations. According to "Occupational Fraud 2022: A Report to the Nations," published by the Association of Certified Fraud Examiners (ACFE), these tools have...
Weigh the Pros and Cons Before You Hire Part-Timers
The number of part-time jobs in the United States has generally increased over the past few decades. As of June 2022, there were approximately 25 million part-time workers. Although some part-time employees would prefer a full-time position, many people choose to work...
5th Circuit Court of Appeals Upholds Tax Court Finding That Taxpayer Gifted a Percentage of Partnership Interests and Not a Fixed Amount
Nelson v Commr., 2021 “Mary P. Nelson and James C. Nelson appeal the Tax Court’s denial of their petition for a redetermination of a deficiency of gift tax issued by the commissioner of Internal Revenue for the tax years 2008 and 2009. For the following reasons, we...
Evaluating KPIs
How would you feel about taking a cross-country road trip without knowing the amount of gas in your tank, engine temperature, or oil pressure? That's why you have an instrument panel on your vehicle's dashboard. Your business can have a dashboard, too, that features...
Court Grants Insurance Company’s Motion to Dismiss Plaintiff’s Complaint That It Suffered Covered Loss of Income Due to COVID-19 Restrictions
Equity Planning Corp. v. Westfield Ins. Co. Case Digest COVID-19-related damages cases are making their way through state and federal courts. Plaintiffs typically are businesses that have suffered economic losses because of various mandatory shutdowns. They file...