An accredited investor is an individual or a financial entity that has been recognized by the Securities and Exchange Commission as being sophisticated enough to handle large investments.  Under Regulation D, investors who are financially sophisticated may have a reduced need for the protection provided by certain government filings.  Rule 501 of Regulation D clearly…

Same sex couples often encounter unique estate planning issues, as their unions are not recognized in most states, and are, therefore, not legally protected. There are, however, estate planning options open to same sex couples that can provide them with the security they need.

A Finder by any other name would smell…like a Finder.  With all due respect to William Shakespeare, the SEC, in a recent no action letter, once again confirmed its longstanding position that regardless of how you dress it up, a “finder” receiving fee-based compensation for introducing investors would be required to register as a broker-dealer.…

When deciding whether to use employees or independent contractors, companies often consider cost as a deciding factor. Choosing to use independent contractors over employees appears to be a good choice, as it can decrease certain expenses, such as workers’ compensation insurance, payroll taxes, overtime pay, and minimum wage obligations. While this may be a viable…

Newly signed legislation has significantly altered the process for evaluating public school classroom teachers and building principals by including consideration of student test scores. The procedure for evaluating incompetence cases has also been changed, partially with the intention of expediting the process. A single arbitrator (rather than three) will now be required for cases “based…

Companies that combine, sell, and buy businesses use two different strategies to achieve their goals: mergers and acquisitions. While many mergers and acquisitions are harmonious, sometimes companies experience hostile takeovers, defined as those that occur without the consent of the target company. That is, an acquirer takes control of the company by purchasing its shares…

School Districts Must Pay for Private School Aides June, 2010 – A recent New York court decision has found that school districts must pay for one-on-one classroom assistance prescribed in a child’s Individualized Education Plan (IEP) even if the service is delivered in a private school setting. The case involved a student with attention deficit…

When a couple is divorcing, it is important that they do not forget their commitments to their child with special needs. Most importantly, any child support for the child with special needs should be allocated under the separation agreement to a Special Needs Trust. This will ensure that these assets will not affect the child’s…

In order to help families deal with financial burdens, Congress is considering a change to the current tax code that would provide up to a $5,000 tax credit for legal fees associated with establishing legal guardianship. This proposed tax credit would also be available for legal fees paid in connection with establishing a trust for a person with disabilities. Only the person who actually paid for the legal fees would be eligible to apply for the tax credit.

SEC Expands Executive Compensation and Corporate Governance Rules On February 28, 2010, the SEC expanded its rules regarding executive compensation and corporate governance.  These changes could have profound implications for companies of all sizes.  The amendments represent the SEC’s efforts to increase investor awareness of companies’ executive compensation practices and a desire to provide shareholders…