This past June, the IRS issued a Private Letter Ruling (201623001) which impacts surviving spouses in community property states. The decedent and the surviving spouse were married in 2004 and lived in a community property state. They had a son, whom the decedent named...
PLDO Law Blog
Adam Greshowak
New Guidelines for Private Management Contracts
In a move that should help facilitate public-private partnerships ("P3s"), the Internal Revenue Service has issued new 'safe harbor' guidelines for private management contracts involving bond-financed municipal assets. Revenue Procedure 2016-44, issued August 22,...
Succession Planning: Confronting the “What’s Next” Question in a Family Business
The "what's next" stage in the family business owner's life is challenging in that decisions have to be made in terms of succession to family members or selling the business and retiring. Yogi Berra would say that when you arrive at this fork in the road, "take it."...
Changes to Rhode Island’s Medical Marijuana Laws Are On the Horizon
Without a doubt, this Fall will be a decisive period for the United States as it relates to national cannabis policy. Voters in five states, Massachusetts among them, will have the opportunity to dictate whether cannabis will be legalized for recreational use, joining...
“Inside Business – Powered Up For Success” Online Learning Center Offers Resources for Businesses
PLDO's recent launch of its online multimedia learning center, Inside Business - Powered Up For Success, is dedicated to assisting entrepreneurs, startups and business owners grow, thrive and succeed in today’s business environment. The platform is a resource library...
A “Reasonable Accommodation” Must Be Reasonable
For employers determining what constitutes a “reasonable accommodation” can often be a challenge. A very recent decision by a federal court in Connecticut highlights the fact that what constitutes “reasonable” is not without limits, and an employer is not obligated to...
Pros and Cons of RWI in Merger and Acquisition Transactions
Representation and warranty insurance (“RWI”) has been around for some time. Historically, it was most commonly used in large transactions, often involving publicly traded companies. However, in recent years it has become much more common in smaller, private, “middle...
Equal Access To Justice Act Determined To Be Inapplicable To Non-Parties
The Equal Access to Justice for Small Businesses and Individuals Act (“EAJA”) is a legislative enactment whose purpose is to “mitigate the burden placed upon individuals and small businesses by the arbitrary and capricious decisions of administrative agencies made...
DOL Releases Two Final Rules on Overtime Pay Under The FLSA
Two new final rules have been released by the Department of Labor (“DOL”) which update the Fair Labor Standards Act (“FLSA”). These rules will impact how an employer calculates paying an employee overtime under the FLSA. 1. The DOL released a final rule on September...