Litigation

FAKE NEWS OF THE DEMISE OF DOMESTIC ASSET PROTECTION TRUSTS: Takeaways From Toni 1 Trust v. Wacker (2018)

BAD FACTS Good fences make good neighbors, except in Montana. Donald Tangwall and William Wacker, both residents of Montana, were not good neighbors. Tangwall sued Wacker in 2007.  Wacker then counter-sued Tangwall, which started a legal war that would last over ten years. Wacker won the first battle and obtained a significant money judgment against […]

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The Business Judgment Rule: Protect Your Management Decisions

Most people – even lawyers – choose to do business in some corporate form, rather than individually, in order to protect personal assets from business liabilities. The most common forms of business entities are corporations and limited liability companies. The choice of entity often depends on which entity offers the best tax attributes for the

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Piercing the Corporate Veil: An Ounce of Prevention Is Worth A Ton

Every person has skin and bones that protect their body from bumps and bruises from the outside world. A corporation or other business entity is no different. In short, a corporation (or limited liability company or partnership) is a legal “person.” The corporate body is supposed to protect the owners from bumps, bruises and liabilities

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THIRD CIRCUIT ISSUES WARNING ABOUT COMPUTER-GENERATED WILLS AND TESTAMENTS

THIRD CIRCUIT ISSUES WARNING ABOUT COMPUTER-GENERATED WILLS AND TESTAMENTS No one wants to pay more than necessary for essential estate planning documents, such as a last will and testament or power of attorney.  These documents can be attained easily at retail office supply outlets or online through legal storefronts like legalzoom.com for as little as

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Remedy For Oppression of Minority Shareholder in Louisiana

“Power tends to corrupt and absolute power corrupts absolutely.”  Lord Acton There is no guaranty that a business partner with a controlling interest will always act in the best interest of other non-controlling owners.  Conversely, rest assured that someone at this very moment is suffering some level of “squeeze” from a majority owner of a

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REMEDY FOR ABUSE OF POWER OF ATTORNEY IN LOUISIANA

“A wise man should have money in his head, but not in his heart.”  Jonathan Swift Although there are no absolute guarantees that long term financial plans will be carried out exactly as directed, a new law in Louisiana now provides much-needed protection to family members, in the event that they fall victim to financial abuse

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VICTIM OR THE CRIME (An Age Old Story of Undue Influence)

“There are various attributes of life – such as… awareness, growth, autonomy, will.  It is possible to kill or attempt to kill one of these attributes without actually destroying the body.  Thus, we may “break” a horse or even a child without harming a hair.”  M. Scott Peck, People of the Lie    BORN TO

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