The Law Offices of Robert J. Ross provides personalized legal services to address needs and concerns of our clients. Robert Ross draws upon 30 years of legal experience and his team of legal professionals to counsel and draft documents designed to avoid future conflicts and minimize long-term costs for clients.
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Persistently increasing college costs may have joined death and taxes as inevitable facts of life. Still, it is usually possible to soften the blow of escalating costs of bigger education by taking advantage of an assortment of income tax breaks provided by the federal government. The options and their ramifications for your tax bill are not as simple as they might be, so it may be prudent to get some professional advice. Given the large sums of money at stake, you do not want to leave any smart moves unmade for lack of information and timely advice.
No commentsAgreements between employers and their employees prohibiting or restricting competition by a departing employee are nothing new, but their use is growing-and not just for the highest levels of management. This trend makes it all the more important to understand the limits that courts have placed on such agreements, with a view toward balancing employers’ interests with policies favoring competition and unfettered opportunities for individuals to pursue their livelihoods. ‘While courts have sometimes struck down noncompete agreements in their entirety, occasionally they effectively have rewritten parts of an agreement, a practice known as “blue penciling,” so as to fix offending parts while retaining acceptable provisions.
No commentsGender stereotyping can lead to law suits under the Family Medical Leave Act. “Caregiver Bias”
A recent federal appeals court decision required an employer to pay overtime compensation to salaried workers due to the employer’s performance-based bonus compensation plan.“Bonus Plan May Trigger Overtime”
Adventure sports and other hazardous hobbies can lead to the loss of life insurance benefits. “Life Insurance Policy Rescinded”
A substantial verdict was awarded the victim of repeated identity theft schemes for the negligence of a credit reporting agency. “$200,000 for Identity Theft Victim”
Charitable Remainder Trusts can be a useful tax-planning tool. “Charitable Remainder Trusts”
Congress has enacted temporary changes to coverage by FDIC Insurance. “FDIC Insurance Update”
No comments“E-Mails Can Modify Contracts” informs of the possible ramifications of agreements made informally via email.
“Roth 401(k)s” discusses the differences between Roth and Traditional 401(k) plans.
“New Identity Theft rules Affect Businesses” outlines new precautions financial institutions and creditors should take to prevent abuses, and potential ramifications of noncompliance.
“Religous Land-Use Lawsuits” discusses several disputes between zoning officials and religious organizations.
“Cold Feet Cost Groom $150,000” discusses damages awarded one woman a resulting from her grooms reneged marriage proposal.
“Estate Planning for Vacation Homes” offers several strategies for preventing infighting amongst heirs over vacation properties.
“Employers and Job References” informs readers about increasing litigation over job references (both negative and positive).
“No-Show Mover Must Make Mortgage Payments” reviews recent decisions by courts regarding the application of the Carmack Amendment to the failure of a moving company to pick up belongings and damages caused.
“Economic Loss Rule Bars Misrepresentation Claim” describes application of the Economic Loss Rule to damage caused by misrepresenting the condition of the property.
“Religous Icon Removed from Condo” reviews the application of the Fair Housing Act to a condominium association rule regarding a religious symbol placed outside a doorway.
“Estate Planning: A Gift of Debt” may be an article of particular interest to clients in discussing the importance of clearly specifying in a person’s will or trust their intention for payment of debts linked to property.
“Website Terms of Use” sets forth considerations when drafting and reviewing website terms.
“Harassment Policy Violates Free Speech” which reviews a recent federal appeals court decision regarding a university’s sexual harassment policy.
No commentsIMPORTANT NOTICE TO PERSONS DOMICILED IN ILLINOIS CONCERNING ILLINOIS ESTATE TAXES IMPOSED ON ESTATES OF PERSONS WHO DIE IN YEAR 2009:
Illinois is “decoupling” from the year 2009 federal estate tax exclusion amount of $3,500,000. This may result in substantial Illinois estate taxes if your estate for tax purposes exceeds $2,000,000. We suggest that you consider early in 2009, the interaction of federal and Illinois estate tax laws on your estate planning documents with us or with another lawyer of your choice who practices in the area of estate planning.
“Business Start-Up Checklist” discusses important questions would-be entrepreneurs should ask themselves prior to starting a new business (note: the idiom “carrying coals to Newcastle” means spending an inordinate amount of energy on something useless, fruitless, or redundant - Newcastle, England was a major coal exporter).
“Age Discrimination in Employment” reviews a recent decision by the Supreme Court that puts the onus on employers to prove its policies are based on reasonable factors other than age when defending age discrimination claims.
“All in the Family–Father Wins $4 Million from Daughter“concerns a recent court decision concerning a business dispute between family members.
“Generation-Skipping Trusts” reminds us that GSTs are not only for wealthy families, and discusses various advantages and disadvantages of GSTs as part of an estate plan.
“New Nonprofit Tax Forms” describes new instructions and filing requirements for Internal Revenue Service Form 990 for nonprofit organizations.
“Careful What You Click” describes potential legal hassles involved with online agreements.
“Employer Forced to Pay Unapproved Overtime” reviews a recent case in which the court explained what efforts employers must take to avoid being required to pay employees for unauthorized overtime work.
“Like-Kind Exchanges” tax law related to real property “like-kind” exchanges.
“Protection for Parodies” discussed distinctions between parodies, trademark infringement and trademark dilution.
“Lawyer’s Approval for Acceptance of Offer” reviews the notion of “conditional acceptance” in response to contractual offers.
“Home Improvement Scams” and recommendations for avoiding them.
“Checklist of Procedures to be Followed by Corporate Officers” provides important guidance for persons acting on behalf of corporations (and other limited liability entities).
“The Power of a Power of Attorney” discusses risks associated with important powers of attorney documents.
“Is it “Work to Dress for Work?” discusses the definition of “work” under the Federal Labor Standards Act.
“Intrafamily Loans Subject to Tax Laws” discusses tax liability in connection with personal loans.
“Baseball Strikes out on Stats” discusses the use of baseball players’ names and statistics in on-line fantasy leagues.
“Real Estate Roundup” reviews recent real estate legal developments in the areas of home sale fraud and rights of tenants to condemnation awards.
“Family Responsibilities and the Workplace” discusses how employers can protect themselves from discrimination claims based on the employee’s status as a parent or caregiver.
“Small Business—Maintaining a Safe Work Place” emphasizes the importance of small business compliance with workplace safety standards.
“Misconceptions about FDIC Insurance” dispels common myths about deposit insurance if a bank fails.
“The Murky Waters of Wetland Protection“discuss developments in wetlands environmental regulation.
Other Articles :
“Computer Fraud and Abuse Act Update” discusses how companies can protect themselves under the civil provisions of the Computer Fraud and Abuse Act.
“IRS Gets Tough on Deferred Compensation” discusses developments in IRS treatment of deferred compensation.
“Excluded Heirs May Still Inherit“emphasizes the importance of updating estate plans to ensure desired inclusion—and exclusion—of beneficiaries.
“‘Arm’ Borrowers Beware!” describes adjustable rate mortgage pitfalls.
“Can You Trademark a Flavor?“provides an analysis of intellectual property rights related to product flavoring.
“Hours of Service” Under The FMLA” discusses the interpretation of “hours of service” under the Family Medical Leave Act.