Effective January 1, 2017, neither medical marijuana patients, nor their licensed caregivers, nor cooperative cannabis cultivations will be allowed to sell excess medical cannabis to dispensaries, known as Compassion Centers. Only licensed cultivators, a newly created...
PLDO Law Blog
Firm News
Be Wary of Tax Laws Concerning IRAs
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...
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."...
YOU’VE BEEN HACKED: SHOULD YOU (OR YOUR INSURER) PAY THE RANSOM?
It’s 4:00pm on a Friday. You get a text message from a colleague saying they can’t log into their email. Then others start texting you with a similar message. Your IT person reports that there’s unusual activity on your computer network and they’re having trouble...
HOW TO AVOID AN UNWELCOME SURPRISE IN YOUR BUSINESS & ESTATE PLANNING STRATEGY
In 2015, the Rhode Island Division of Taxation issued Declaratory Ruling 2015-01. The question at issue was whether a non-Rhode Island resident decedent’s interest in a multi-member LLC that owned real property was sufficient to subject the decedent’s estate to the...
CREATING A POSITIVE CORPORATE CULTURE STARTS AT THE TOP
Corporate culture is defined in many ways; however, it is generally referred to as the shared values and vision of the company that will serve to achieve short and long-term goals of the business enterprise. It is a top-down dynamic that will impact everyone in the...
THE IMPORTANCE OF A SELLER’S CONTRACTS WHEN BUYING A BUSINESS
When purchasing another business, one of the most important aspects of due diligence is reviewing the selling business’ contracts. Often the selling business’ revenue stream is tied to some type of contract. For example, it may get income through services contracts,...
“FRUSTRATION OF PURPOSE” DISCHARGES COMMERCIAL TENANT’S RENT OBLIGATION
While specificity is typically a good thing in contract drafting, sometimes, too much specificity can backfire. A commercial landlord in Boston discovered this recently when the Suffolk County Superior Court discharged rent otherwise owed by a cafe operator during the...