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Civil Litigation

Civil Litigation: Beware the ‘Badges of Fraud’ this tax season

Since the 1913 ratification of the Sixteenth Amendment to the U.S. Constitution granting Congress the “power to lay and collect taxes on incomes,” taxpayers have been pitted against the government as to their accurate assessment and collection. Nearly a century’s ...

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Civil Litigation: What to expect when the unexpected happens

Since you are reading The Daily Record, I will presume that you are probably one of the more responsible people in your family. You plan ahead. You already completed a Health Care Proxy. You have discussed or written your preferences for end of life treatment with your family.

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Civil Litigation: The case of a mutually assured dissolution

Six pharmaceutical sales representatives decided to form a corporation, Stonetek. Each of the six shareholders owned 16.67 percent of Stonetek’s stock. Their Shareholders Agreement provided that a shareholder’s stock could be redeemed at book value, which would be periodically updated.

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Civil Litigation: Court gives guidance on improper solicitation of clients

In a unanimous decision, the New York State Court of Appeals ruled that, under certain circumstances, a business seller may give active assistance to a new employer’s efforts to pitch its business to former clients without incurring liability for improperly soliciting business.

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Civil Litigation: Statute of limitations on exposure cases

As the potentially catastrophic health impacts from exposure to myriad chemicals, construction materials and other products becomes more evident, questions often arise as to when the statute of limitations accrues for exposures that may have occurred decades ago.

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Civil Litigation: State passes Bill of Rights for domestics

New York’s Domestic Workers Bill of Rights will take effect Nov. 29. The law is the culmination of a six year organizing campaign by Domestic Workers United, an organization of nannies, housekeepers and elderly caregivers in New York.

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Civil Litigation: Protect limited partners’ investments

In this post-meltdown era, the news media and case reporters are full of stories about lawsuits by investors alleging fraud, breach of fiduciary duty and other misconduct by the people who managed their now-worthless investments.

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