Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions...more
The Michigan Building Contract Fund Act, commonly known as the Michigan Builders Trust Fund Act (MBTFA), is well known to those in the construction industry. The provision requires that when a contractor is paid for a...more
Background on Purpose Trusts - The private discretionary trust is the most widely known form of trust where trustees are given a fund of money to manage and distribute amongst certain named or described beneficiaries who...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 7th Proposed Order and Assessment (“Order”) to Pilot Travel Centers, LLC (“Pilot”) addressing alleged violations of the Tennessee Underground...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed May 23rd Order and Assessment (“Order”) to Racetrac, Inc. (“Racetrac”) addressing alleged violations of the Tennessee Underground Storage...more
The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged...more
Depending upon what you read or, perhaps more accurately, depending upon how much you believe of what you read, you may be aware that many closely held businesses are concerned about their future. Most of these survived...more
The Tennessee Department of Environment and Conservation (“TEDC”) issued on March 18th a Proposed Order and Assessment (“Order”) to M&M Spartasmoke LLC (“M&M”). See Case No. Fed. 24-0008. The Order addresses a facility...more
Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey, the Royal Court has found the rule to form part of the underlying fabric of Jersey...more
On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance...more
Recent SFO Confiscations Linked To Decade-Old Crime - On 24 November, the Serious Fraud Office (SFO) successfully confiscated £250,000 from Achilleas Kallakis, which was held as a debenture by The Queen’s Club, home of the...more
The Tennessee Department of Environment and Conversation and BFI Waste Services, LLC (“BFI”) entered into a December 11th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more
Member institutions should begin preparing in earnest for direct student-athlete compensation. The NCAA president unexpectedly circulated a governance blueprint last week that would significantly alter existing Name, Image...more
NCAA President Charlie Baker has advanced the idea of giving universities and colleges (with the most-resourced athletic departments) the option to pay student-athletes. The emergence of national, image, and likeness (NIL)...more
The Arkansas Petroleum Storage Tank Trust Fund (“Trust Fund”) is a state statutory mechanism has been used by both underground and aboveground storage tank owners and operators for over 30 years to address petroleum leaks and...more
During a two-day trial last summer, a Michigan jury concluded that a handwritten note penned by Aretha Franklin in 2014, found in a drawing book beneath sofa cushions in her home, holds legal validity as a will. The jury...more
Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative...more
In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy...more
The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more
CHICAGO — Chicago Government’s IT Infrastructure Inefficient to the Point of “Barely” Working, Consultant Tells City Council- An IT consultant hired by City Hall to diagnose the city’s wide array of technological woes urged...more
It’s wonderful to be part of a successful business, especially in a strong economy. The owners are probably enjoying a more than just decent return on their investment and, in most cases, are getting along well enough. The...more
Some are quick to dismiss asset protection trust planning as too complex or unnecessary. For those not in a "certain tax bracket," this type of planning may seem like an over-reach by an estate planning attorney. There are...more
As previously noted in a June 26th post, Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas...more
The Tennessee Department of Environment & Conservation (“TDEC”) issued a June 28th proposed Order and Assessment (“Order”) to Mac’s Convenience Stores (“MCS”) addressing an alleged violation of the Tennessee Underground...more
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of May 30, 2023 – June 2, 2023....more