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The GST Trust Tax Trap

The issues faced by trust and estate lawyers sometimes include complex tax analysis. One of those issues arises when an irrevocable trust skips a generation with trust assets going directly to grandchildren. That event may trigger a tax that is known as the federal generation-skipping transfer (GST) tax. The GST tax can be partially avoided   Continue Reading »

Ruling Raises Questions About OSHA Worksite "Controlling Employer" Policy

An interesting legal development in Texas might prove significant for construction companies and other employers within the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit – and any other jurisdiction that follows its view. The ruling should also encourage employers in other jurisdictions to challenge their circuit court’s rulings on “multiemployer/controlling employer”   Continue Reading »

Passing an Exam Necessary for Licensing is Both an Essential Function of the Job and Required to be a Qualified Individual Under the ADA

Yasas Rodrigo was a resident in Carle’s Family Medicine Residency Program. Rodrigo was unable to pass the Step 3 testing required to continue in the Residency program. Rodrigo initially withdrew from the program when he was unable to pass Step 3 rather than being terminated from the program. However, he subsequently requested an accommodation to   Continue Reading »

Utilizing the Appointment of Guardians ad Litem as a Defense Tool to Effectuate Settlement in Cases Involving Minor Plaintiffs and/or Minor Beneficiaries

Cases involving catastrophic injuries to minors, whether through birth trauma, motor vehicle collision, or any other alleged mechanism of negligence, can carry extremely high exposure due to the effect the injuries may have on the minor during the rest of his or her life. Especially in cases where liability is in question, litigants should be   Continue Reading »

Making Hotels Safer For Their Guests

Hotel guests have high expectations of luxury with respect to the services and products they receive during their stay at a hotel.  In particular, they have high expectations about the quality of their room and the customer service provided to them.  Hotel guests also expect excellent hotel safety and security.  But no matter how luxurious   Continue Reading »

Illinois Court Revisits Attorney-Client Privilege between Insurer and Insured

An issue that often arises in insurance coverage litigation is the extent to which an insured can shelter communications with its attorneys from an insurer which may have a defense duty or may be liable for paying a third party claim. A recent appellate decision means that insurers may not obtain attorney-client communications from their   Continue Reading »

Risk Management: Avoiding Unnecessary Litigation in the Enforcement of Sign Codes

INTRODUCTION Signs used by citizens to convey messages to the public are generally regulated by local town codes and ordinances. Restrictions on the use of such signs can create constitutional issues that municipalities must be wary of when enforcing the provisions of their particular code. Sign use restrictions in an Arizona town’s code were recently   Continue Reading »

I Hear You Knocking, But You Can’t Come In

By the time you hear the media knocking on your door, it is too late to develop a crisis communication plan. Keeping the door closed is not an option. What is your plan for addressing media and other inquiries resulting from a catastrophic accident or other event? Media attention to your company and your response   Continue Reading »

Johnson and Bell

Johnson and Bell