Elder Law & Estate Planning

Aging without Children

The demographics of aging are shifting, and the number of single, childless seniors is growing.  Baby boomers, now entering retirement, are much more likely to be childless than previous generations. Some estimates run higher than 25 percent. In addition, more couples have opted to live together outside marriage. Add to that the fact that women tend to outlive men, and it’s obvious that an increasing number of seniors will be on their own.

Corporate & Securities

Qualified Small Business Stock Remains Eligible For 100 Percent Gain Exclusion

A tax incentive associated with qualified small business stock (QSBS) was extended for 12 more months as stipulated in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 signed by President Barack Obama into law on Dec. 17.

The act contains a temporary exclusion for 100 percent of the gain accepted by non-corporate investors from the sale of qualified small business stock that was acquired after Sept. 27, 2010 and before Jan. 1, 2011 for QSBS held for beyond five years.

Special Education Advocacy

Special Education: The Budget Dilemma

In response to the recent article “Special Education for Schools a Delicate Balancing Act,” a partner at the law firm of Littman Krooks LLP has stated: “It is imperative for lawmakers to understand the ramifications of cutting back funds for special education.  The IDEA and Part 200 of the Regulations of the Commissioner of Education…

Corporate & Securities

Investment Banks Under Fire For Reneging Employee Compensation

In two separate incidents, FINRA recently punished two firms for reneging compensation from their employees. Arbitration found that both Barclays and Merrill Lynch had unfairly decided not to pay employees in the midst of recent mergers and collapses.

Barclays was forced to pay one investment banker $715,000, plus a 4 percent interest change and trial fees, after Lehman Brothers collapsed. The banker had a compensation agreement when he worked for Lehman Brothers, which Barclays attempted to renege upon their acquisition of the firm.

Elder Law & Estate Planning

Federal Court Awards Retroactive Direct Tuition Relief

On February 1, 2011, a Manhattan Federal Court Judge rendered a decision in D.A. v. New York City Dept. of Education, 09 Civ. 5097 (S.D.N.Y. Feb 1, 2011) that reaffirmed a family’s right to seek and obtain “direct” tuition funding for a private school education where the family proves that the local school district failed to provide a free and appropriate public school education (FAPE) to the student.

Corporate & Securities

FINRA Asks For Details When Broker-Dealers Fire Employees

Experts believe that disputes over U-5 termination forms will increase due to a new set of FINRA directives. FINRA’s Regulatory Notice 10-39 warns member firms to be more detailed when completing U-5 forms after firing employees. The notice focuses on a section of the form that asks why an employee is being fired and says…

Corporate & Securities

Congress Revamps Whistleblower Incentive Program

The U.S. Congress has greatly expanded incentives for whistle-blowers in the financial industry by creating a $451 million fund for reward payments. Prior to the new plan, regulators decided how much to pay insiders for evidence of wrongdoing, which led to only $160,000 in payouts over the last two decades. Despite this, over 90 percent…

Corporate & Securities

Summary of the SEC’s Request for Comment to the Proposed Changes to the “Accredited Investor” Standard Under the Securities Act of 1933

On Tuesday, January 25, 2011, the Securities and Exchange Commission (the “SEC”) issued a release announcing the proposed new language of the net worth standard for “accredited investors” under the Securities Act of 1933 (the “1933 Act”).  The proposed amendments will align the standards for determining whether an investor is an “accredited investor” under the…

Corporate & Securities

Goldman/Facebook – New Media Invokes Old Laws

Media reports on January 18 indicate that Goldman Sachs has halted its private placement of Facebook stock due to ‘regulatory concerns’ with respect to the enormous publicity the transaction has received in both traditional press and new media. It is a cornerstone of the private placement exemption that no ‘publicity’ is utilized in the transaction…

Special Needs Planning

Learning What Benefits are Available for Children With Disabilities

Supplemental Security Income, or SSI, provides monthly payments for children with disabilities who are under 18 who meet the government’s definition of disability, and who have little or no income and resources.  The amount of SSI that the child will receive varies by state.  To qualify, the household’s total income and resources must be below a certain amount, and the child cannot earn more than a certain dollar amount each month.