Rule 26 of the Federal Rules of Civil Procedure provides that parties "may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense [...]," but may not obtain discovery of electronically stored information from sources that...
PLDO Law Blog
Adam Greshowak
Proposed Changes to the Physician Self-Referral Law
Health care providers should be aware of a proposed rule recently issued by the Centers for Medicare & Medicaid Services (CMS) that expands the regulations governing physician self-referrals, (the "Stark Law"). The Stark Law prohibits a physician from making...
Private Foundation or Charity? Cracking the “Code” on 501(c)(3) Organizations
If you have been involved in the not-for-profit sector, particularly that subsect of the industry involving federally tax-exempt organizations under 501(c)(3) of the Internal Revenue Code, then you have probably come across well-intentioned colleagues using the words...
Do you have a record retention policy?
Hopefully you read the article Deflate Gate: A Key Lesson for Businesses in our August edition of Business Matters. The article discussed "litigation holds" and the need to preserve information relevant to a lawsuit; as well as the potential penalties for failing to...
Changes In The Wind for Retirement Benefits – Possible
Last spring the United States House of Representatives by an over whelming majority passed the most significant changes to the IRA/401(k) laws since their original passage in the mid 1970’s. If signed into law these changes will: allow part-time workers who work less...
RI Creates New Tax Credit for Small Business Investment Companies
The Rhode Island General Assembly recently created a new program designed to promote private funding for Rhode Island small businesses. The program creates a tax credit for Small Business Investment Companies (“SBIC”) that invest in eligible Rhode Island businesses....
Estate Planning Ideas in a Low Interest Rate Environment
With the Fed’s recent interest rate cut and more interest rate reductions likely on the way, this may be a good time to take advantage of the low interest rate environment to transfer assets to your beneficiaries with minimal tax consequences and significant benefits...
New Rhode Island Law Limits Non-Compete Agreements
Rhode Island recently joined a growing list of states with laws limiting the ability of employers to use non-compete agreements in the workplace. Employers often insist that employees sign non-compete agreements which would restrict an employee’s ability to work in...
Supreme Court Rules States Cannot Tax Trust Income Solely Based on Beneficiary’s Residence
In N.C. Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court issued a unanimous decision on June 21, 2019 holding the State of North Carolina may not tax a beneficiary on the income of a trust merely because the beneficiary resides...