2015
Showing 561–576 of 732 results
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Second trip down the aisle? Update your estate plan to reflect your second marriage
March / April 2015
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 880
Abstract: For those in a second marriage, or planning another trip down the aisle, estate planning can be complicated. Besides both the current and the former spouse to consider, there may be children from both marriages. This article explains that one should start the estate planning process by taking an inventory of assets. Then, trusts can provide flexibility in determining how and when wealth will be shared with beneficiaries — but taxes also should be considered. Meanwhile, a sidebar points out that an irrevocable life insurance trust provides instant wealth for children while allowing other assets to be left to one’s spouse.
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Defending a claim made under the Equal Pay Act
March / April 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: After a discrimination claim was filed by a female attorney in her employer’s law department, the EEOC began a three-year investigation into the employer’s pay practices. It then filed a complaint, alleging that female and male nonsupervisory attorneys received unequal pay for performing equal work. But, as this article explains, both the district and appeals courts found the EEOC’s claims to be too general in nature. Still, the case indicates why it’s important for employers to maintain detailed job descriptions that account for the differences among their various positions. E.E.O.C. v. Port Authority of New York & New Jersey, No. 13-2705-CV, Sept. 29, 2014 (2nd Cir.)
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Age Discrimination in Employment Act – Superintendent’s comments propel case to trial
March / April 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 648
Abstract: When a school principal’s contract wasn’t renewed, he claimed age discrimination, citing statements by the superintendent suggesting age-based animus. At trial, the superintendent (who was older) claimed that he had made all of these comments with respect to his own job, not the plaintiff’s position. The district court agreed, but the Sixth Circuit reversed. This article explains why — noting that it’s important to instruct and remind management to avoid age-related comments even when the words in question aren’t directed solely toward an individual employee. Scheick v. Tecumseh Public Schools, No. 13-1558766, Sept. 2, 2014 (6th Cir.)
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Respect the record – Retaliation case turns on documentation
March / April 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 828
Abstract: A woman who suffered from Crohn’s disease was provided accommodation regarding bathroom access and sick leave, but she was eventually terminated for performance and attendance issues. After her claim of unlawful discrimination failed in the district court, she asserted that these issues, cited at trial, were pretextual because they weren’t stated in the contract nonrenewal notice. But the appeals court held that there was no law requiring employers to list each and every reason for termination, and was satisfied with the documentation of her performance that her employer had provided. As this article says, the lesson of this case is fairly straightforward: The record matters. Collazo-Rosado v. University of Puerto Rico, No. 13-1641, Sept. 2, 2014 (1st Cir.)
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What can go wrong? ADA decision shows importance of interactive process
March / April 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: A hairdresser at a nursing home sometimes had to push residents in wheelchairs from their rooms to the beauty parlor. After she had a surgical procedure, her ability to do this was limited. But the facility’s administrator told her that they didn’t allow employees to work under restrictions, and denied her request for an accommodation of having other employees push the wheelchairs. As this article discusses, the district court sided with the nursing home, but the appeals court reversed, finding that the record on whether pushing the residents was an “essential function” of being a hairdresser was unresolved — and that the administrator’s comments could be found to be evidence of disability-based discrimination. A sidebar discusses an earlier case that went the other way. Kauffman v. Petersen Health Care VII, LLC, No. 13-3661, Oct. 16, 2014 (7th Cir.) Basith v. Cook County, No. 00-1656, March 6, 2001 (7th Cir.)
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Dealer Digest – Use SEO to get e-head
March / April 2015
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 425
Abstract: This issue’s “Dealer Digest” provides four tips for improving a website’s search engine optimization capability. It mention’s a trade association’s doubts about the methodology the Consumer Financial Protection Bureau uses to determine finance companies’ compliance with fair lending laws. And, it notes the recent trend of strong dealership M&A activity.
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6 steps for choosing the right DMS system
March / April 2015
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 598
Abstract: A dealership management software (DMS) system is critical to successful operations. It’s the engine that helps dealers efficiently manage inventory, accounting, customer relationship management, sales, financing and back office functions. But there are many DMS solutions available, ranging from expensive high-end systems with dynamic and complex functionality to less robust and less costly ones that are adequate for many smaller dealerships. This article offers six steps to help a dealer choose the right system.
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Accounting considerations – Getting your arms around goodwill
March / April 2015
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 664
Abstract: Goodwill — also known as “blue sky” — is an intangible asset, a commodity that isn’t easily quantified. Goodwill typically appears on a balance sheet following a merger or acquisition when one company acquires another company for a price higher than the fair value of its assets. With so many dealers consolidating their businesses over the last year, now is a good time to revisit the nature and accounting treatment of goodwill. This article describes that treatment and notes that dealerships today are able to spend less time and money on goodwill testing than in past years, because of accounting changes introduced in 2014.
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Is a subprime auto loan bubble ready to burst?
March / April 2015
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 838
Abstract: Automobile lending in the U.S. is booming, recently reaching the highest level since well before the Great Recession. But digging deeper into the numbers reveals one potentially disturbing trend: a sharp rise in the number of subprime auto loans being made — especially among auto finance companies. Are fears of a bursting subprime auto loan bubble overblown? This article discusses the arguments for and against. A sidebar offers a few tips for keeping legitimate subprime lending from becoming predatory.
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Construction Success Story – Improving job-site logistics puts project on fast track
March/April 2015
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 434
Abstract: This issue’s “Construction Success Story” features a concrete subcontractor who noticed that he was repeatedly falling behind schedule on his projects. His financial advisor suggested that he re-examine his job-site logistical practices to see whether he could find more streamlined ways of working. She also urged him to research the principles of efficient job-site management. Following her advice, the subcontractor saw big improvements over the ensuing six months.
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5 ways contractors can reduce their insurance premiums
March/April 2015
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 530
Abstract: Most contracts, as well as simple common sense, dictate that contractors carry various forms of business insurance. Still, there’s no reason to pay unnecessarily high premiums just to obtain adequate coverage. This article offers five ways contractors can reduce costs without sacrificing the quality of their policies.
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Detect the defects – Six Sigma can help take customer service to the next level
March/April 2015
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 664
Abstract: One approach that contractors can consider for achieving stable and predictable process results is “Six Sigma” — a disciplined, data-driven methodology for improving any business process, but particularly useful in improving customer service by identifying “defects” at every stage of a construction project. This article discusses how to execute a Six Sigma program, including five stages involved in improving existing business processes.
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Is an ESOP a good fit for your construction company?
March/April 2015
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 854
Abstract: One approach to succession planning that has received quite a bit of attention for some time is the employee stock ownership plan (ESOP). But do these arrangements fit the distinctive aspects and challenges of a construction business? This article explains how ESOPs work and their considerable tax advantages. But there are also disadvantages — and, as a sidebar explains, ESOPs can affect bonding capacity in both positive and negative ways.
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How to disable disability fraud – Predictive analytics and forensic tools are critical
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 535
Abstract: The government isn’t the only organization that needs to worry about disability fraud. Many employers provide private disability insurance policies and self-employed individuals often purchase private disability coverage. Fraud perpetrators can file false claims under any of these types of policies. This article describes techniques that experts have for detecting such fraud.
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Option pricing models help experts calculate DLOMs
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 513
Abstract: The valuation of noncontrolling interests in a business can come up in many legal contexts. A critical step is determining an appropriate discount for lack of marketability (DLOM). One way to make that determination is to use option pricing models, which base the discount on the cost of an option to sell shares in the subject business. This article discusses three models experts frequently use: Chaffe, Longstaff and Finnerty.
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Secrets of solid copyright infringement damages
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 663
Abstract: Copyright damages can be some of the most complicated calculations damages experts make. Copyright holders generally are entitled to recover actual damages suffered as a result of infringement — measured by market value or lost profits. But, as this article explains, while the market value approach is relatively straightforward, most experts use the lost profits approach, which involves multiple elements that vary depending on the case’s circumstances.