In June of this year, the IRS published a revenue procedure that allows certain estates to make a late portability election if a timely election was not made. Rev. Proc. 2017-34. The portability election allows a decedent’s unused basic exclusion amount (known as the deceased spousal exclusion amount, or DSUE)…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
The Benefits Of Divorce (And Post-Divorce) Mediation
Many couples who are contemplating divorce or separation believe that litigation is their only option. The truth is that many couples can utilize mediation as a means of resolving their marital issues. Additionally, many couples who have been divorced but are dealing with issues which have arisen after their divorce…
Corporate Deadlock – When Shareholders Seek the Courts’ Assistance in Forcing Buy-outs
Corporate deadlock is often cited as a reason why the court should invoke its powers and order the sale of one shareholder’s stock in minority shareholder litigation. While deadlock is a legitimate reason to bring a lawsuit seeking the court’s intervention, it is not a magic bullet that will automatically…
Court Sets Forth a Formula For Employers to Avoid Liability in Disability Discrimination Claims
Employers who take proactive measures and engage in an interactive process with their employees could avoid liability in disability discrimination lawsuits. One recent case, Grau v. AHS Hospital, Docket No.: A-3959-15T1, sets forth a good model of how employers should approach an employee’s demand for disability accommodation for purposes of…
Lessons Learned from Target’s Data Breach Settlement
By now, most people are familiar with the 2013 data breach reported by Target. Described as one of the largest data breaches in U.S. history, Target acknowledged that hackers gained access to credit card and debit card data from up to 40 million of its customers. In the time since…
Executive Order to Bolster New Jersey’s Cyber Security
On June 1, 2017, New Jersey Governor Chris Christie signed Executive Order 225 directing NJ’s Chief Technology Officer to set in motion actions to deliver a more secure, efficient, and reliable information technology platform and services across the Executive Branch. Previously, each state department and agency oversaw its own information…
Understanding New Jersey’s Child Custody Arrangements
In New Jersey, there are two basic concepts of child custody. The more familiar concept is “physical” custody which refers to where and with whom the child will live. When parents share “joint physical” custody, the child lives with each parent for a certain amount of time during the year.…
Fiduciary Duties Owed by Business Owners to Their Company: A Primer on Common Causes of Shareholder Oppression Claims
Because of the fiduciary duties owed by business owners to each other, whether they are shareholders in a closely held corporation, members in a limited company, or partners in a general or limited partnership, a business owner generally is prohibited from competing with the company. This general prohibition can be…
Cybersecurity: The legal response | NJBIZ
Lindabury’s Cybersecurity and Data Privacy Practice Group Co-Chair Eric Levine spoke at the NJBIZ Cybersecurity conference on May 17th at the Raritan Valley Country Club in Bridgewater, explaining how companies can get hurt by doing the right thing when it comes to cybersecurity. “To protect any small business, you need…
Recent Changes to a Parent’s Child Support Obligation
Parents who are either currently going through a divorce or were divorced many years ago often ask “at what point do I no longer have to pay child support for my children?” It surprises some parents to learn that there has been no specific age at which time parents are…