2014
Showing 609–624 of 740 results
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The BDIT – A trust with a twist
February / March 2014
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 995
Abstract: The beneficiary defective inheritor’s trust (BDIT) is a powerful estate planning tool that allows enjoyment of the benefits of a traditional trust without giving up control over the property. BDITs are particularly effective for assets that have significant appreciation potential or that are entitled to substantial valuation discounts. And, when designed as a “dynasty” trust, a BDIT can provide benefits for future generations without triggering transfer taxes or exposing the trust assets to creditors’ claims. This article offers an example of how a BDIT works. A sidebar discusses how to ensure that it can withstand an IRS challenge.
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Back to Basics – Beware of M&A rules of thumb
February / March 2014
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 433
Abstract: Lenders often finance mergers and acquisitions, and sometimes after the buyer and seller have agreed on the selling price and terms. But it’s important to always inquire about the due diligence that a buyer has performed. Too often, the parties are eager to close, so they sidestep the formal valuation process. Instead, they may rely on industry rules of thumb to negotiate price. This article describes how such rules can be oversimplified, ambiguous or outdated.
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What tone does management set? Ethics starts at the top of the organizational chart
February / March 2014
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 506
Abstract: Unethical behavior at the top of any organization — commonly referred to as the “tone at the top” — is among the factors that lead to fraud. That’s because attitudes about ethics flow down the organizational chart. This article lists types of misconduct that can destroy an organization and explains how to identify best practices.
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Looking at financials differently
February / March 2014
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 694
Abstract: A lender conducting due diligence who only reviews past financial statements is not seeing the full road ahead — and that road might be littered with hazards. This article explains that an inquiry should start with a risk assessment involving the industry, economic conditions, sources of collateral and business operations. It then involves using certain key metrics to evaluate the financial statements. A sidebar notes that a profitability analysis should extend beyond the top and bottom of the income statement to certain individual line items.
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10 facts borrowers should know about health care reform
February / March 2014
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 903
Abstract: The cost of health insurance is the biggest concern small businesses face, according to a recent study. Part of the problem is that few businesses fully understand how the Affordable Care Act works. This article offers 10 useful facts that can be passed along to borrowers. It describes which types of employers may have particular obligations, along with tax credits that some companies can apply for.
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COMPLIANCE ALERT – Upcoming compliance deadlines:
February / March 2014
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 124
Abstract: This article lists some key tax reporting deadlines for February through April.
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2013 vs. 2014 retirement plan limits
February / March 2014
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 98
Abstract: This brief chart highlights numerous retirement plan limits.
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Retirement plan spousal beneficiary designations – IRS ends automatic revocations on legal separation
February / March 2014
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 416
Abstract: Plan sponsors have to deal with change of beneficiary forms many times. In some cases, those changes are made because the participant is either legally separated or divorced. And for plans that have automatic revocation provisions, the IRS has clarified that these provisions can’t be triggered by legal separation. This article explains the IRS’s position.
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How much is too much? Salary deferrals in multiple retirement plans
February / March 2014
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 805
Abstract: When employees change employers, they may be eligible to defer compensation in more than one qualified retirement plan. The IRS sets the individual limit employees may defer as pretax or Roth contributions each calendar year to all of their employer-sponsored plans. But the specific rules vary a bit depending on the type of plan. This article summarizes the rules for employees who participate in multiple retirement plans.
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ERISA fiduciaries: A case law update
February / March 2014
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 1063
Abstract: Many individuals are involved in operating a qualified plan. Some are considered fiduciaries and others act under the direction of a fiduciary. This is an important distinction that all plan sponsors should understand. This article reviews a couple of recent cases that shed some light on who is and isn’t a fiduciary.
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The missing link? Tenth Circuit weighs in on keyword advertising
February / March 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: The battle over the trademark implications of Google’s AdWords advertising program has been playing out in the courts for years. But a recent appeals court ruling may have dealt a death blow to the hopes of mark owners fighting to prevent competitors from using their marks as keywords to trigger-sponsored ads. This article explains why the court agreed with the district court that no likelihood of confusion existed in this case. 1-800 Contacts, Inc. v. Lens.com, No. 11-4114, 11-4204, 12-4022, July 16, 2013 (10th Cir.)
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Bam! Pow! Smash! The demise of a comic book artist’s copyright
February / March 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 619
Abstract: The heirs of an artist who had created several comic book heroes served various entities of the publisher with notices purporting to exercise statutory termination rights under the Copyright Act. The publisher claimed that the heirs had no termination rights because all of the drawings were “made for hire” for the company. The question was whether this was true, since it would entitle the employer to be the author for purposes of copyright ownership. This article looks at the appeals court’s application of the “instance and expense test” to make this determination. Marvel Characters, Inc. v. Kirby, No. 11-3333-cv, Aug. 8, 2013 (2nd Cir.)
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Learning a tough lesson on how to write patent descriptions
February / March 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 509
Abstract: In one recent case, the holder of a patent on some modified enzymes learned a tough lesson on how to write a patent description. The U.S. Court of Appeals for the Federal Circuit determined that the plaintiff’s 2000 application didn’t adequately demonstrate that, by the filing date, it had invented and possessed the particular variant enzymes that it claimed almost a decade later. The case shows that it’s not enough to list the various claims one hopes an invention will end up with; it’s necessary to show current possession of such an invention. Novozymes A/S v. DuPont Nutrition Biosciences APS, No. 2012-1433, July 22, 2013 (Fed. Cir.)
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Patent obviousness analysis fails with Federal Circuit
February / March 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 925
Abstract: One company holding a design patent for “the ornamental design for a slipper” sued another for patent infringement. The district court found the patent invalid because the design was obvious from prior art. But the Federal Circuit found that that court had made multiple errors in its obviousness analysis. This article describes those mistakes, while a sidebar notes that the appeals court also found fault with the district court’s judgment that the patent was invalid because the design was primarily functional rather than primarily ornamental. High Point Design LLC v. Buyer’s Direct, Inc., No. 2012-1455, Sept. 11, 2013 (Fed. Cir.)
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IFRS update: FASB may be changing course
February / March 2014
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 317
Abstract: The Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) are nearing completion of their 11-year-old convergence project, ironing out differences between U.S. Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Still, significant differences remain, and the SEC continues to express reservations about adopting IFRS in the United States. This article summarizes recent events.
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A job for professional skeptics – Auditor questions benefit companies — and their stakeholders
February / March 2014
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 426
Abstract: Public company executives often have long-standing and amicable relationships with their auditors. So it’s easy to forget that an auditor is a “public watchdog,” with ultimate allegiance to shareholders, creditors and the investing public. This article discusses the Public Company Accounting Oversight Board’s Staff Audit Practice Alert describing auditors’ obligation to exercise professional skepticism throughout the audit process.