Court Says Daubert’s ‘Gatekeeper’ Role Favors Inclusion, Not Exclusion
Ferraro v. Convercent, Inc. This Daubert case illustrates how courts may interpret the role of “gatekeeper” differently. The dispute featured a company that provided software-based services. The defendants claimed the plaintiff’s expert was unqualified because he...
Spring cleaning? Know which records to keep
If you’re spending one of Maine’s many rainy spring days to clean up your home or office, you may want to purge yourself of some old paperwork. But before completely cleaning out your filing cabinet or deleting old files from your computer, it’s important to know what...
Court Explains Why Valuation Report Is Discoverable
Galasso v. Cobleskill Stone Products In a short but very educational opinion, a New York appellate court answered a fundamental question: Under what circumstances must a valuation report be disclosed? The crucial factors were the report’s relevance and purpose. ...
When To Update Your Estate Plan
Between 2010 and 2018 the median age in Maine increased from 42.7 to 44.9, this according to the U.S. Census Bureau. That 2.2 year increase is twice the national average and a reminder that our state’s population is aging. When you consider this fact alongside the...
How Much Can Your Business Deduct for Vehicles Placed in Service in 2019?
While people are jumping in their cars and hitting the road here in Maine for some summer adventures, you and your small business may be hitting the road in a new vehicle. If you are adding a new car or truck to your business’ fleet, the purchase could qualify for...
Appeals Court Upholds Grocery Store Buyout Ruling and Fair Value Determination
Lund v. Lund A protracted Minnesota buyout dispute involving the heirs to a local grocery store empire may have reached the end. The state appeals court affirmed most of the district court’s rulings, including the buyout order and fair value determination. The...
Is a New Individual Health Plan in Your Future?
The Affordable Care Act (ACA) requires companies with at least 50 employees to provide health benefits and pay for a good portion of the coverage's cost. But many smaller employers in Maine and across the country provide health coverage too — even if they aren’t...
Analysis Holds Up in Divorce Litigation
Hultz v. Kuhn A Maryland divorce case illustrates the difficulties an appraiser charged with valuing a small company in the divorce context may face and how he or she may prevail in court. The wife was the sole shareholder in a tree services business. The issue at...
Expert’s Inability to Defend Income Analysis ‘Is Decidedly Troubling,’ Court Says
Judges are alert to incongruities in valuations, as is clear from a recent condemnation case in which landowners hired three experts to calculate the compensation owed to them. The court excluded all experts under Daubert, and it had particularly harsh words for the...
Should Employers Allow Emotional Support Animals in the Workplace?
We love our four-legged friends here in Maine. You'll often see people bring their dog along with them on their adventures, whether that be to the beach, the lake, the mountains or even a brewery patio in Portland. Which makes sense, many of us recognize and cherish...