When choosing a brand name or slogan, an often-overlooked consideration is the strength of potential trademark protection. Whether a fresh-faced entrepreneur starting a new business or a seasoned marketing expert, anyone who creates a brand must contemplate the degree of protection afforded to that mark. To obtain protection under U.S. [...]
Federal law enforcement agents have tremendous power to investigate a wide variety of cases. Whether from the FBI, DEA, IRS, or SEC, these agents use many different tools to gather information. A commonly-used tool by these agents is an unscheduled, surprise visit to a person’s home or work. This is [...]
By: Charles T. Wiggins The U.S. Customs and Border Patrol (CBP) has the right to inspect the contents of your electronic devices—iPhones, iPads, laptops, etc.—upon entry to the United States. Even if you are a U.S. citizen. That means that CBP has a right to look at every e-mail, text, [...]
By: Kevin M. Helmich, Esq. Naming a trust as a beneficiary of an IRA is quite complicated. If you do it wrong, you can trigger total distribution of the retirement account within 5 years of the date of death. This would accelerate the recognition of income on the retirement account. With [...]
By Amy P. Slaman Probate is necessary when assets are titled in the deceased person’s name and the asset is one that does not automatically transfer on death through a beneficiary or pay-on-death designation. Many people think having a Last Will & Testament (or a “Will”) means probate court will [...]
By Terrie Didier, Esq. In general, parties have 30 days from the date an adverse decision is rendered (date of filing, not signing or recording) to appeal from final orders. But the time in which to seek appellate review of a corrected, amended, or modified order is not always simple. [...]
by Terrie Didier, Esq. 2/26/2019 QUESTION: What are my rights if an insurer refuses to provide me residential property insurance due to adverse underwriting information? ANSWER: By statute, the insurer must provide the applicant specific information regarding the reasons for the refusal to insure. If the reason for the refusal [...]
The Fifth Circuit Court of Appeals recently held that the Tax Court’s ruling upholding an IRS Appeals Board decision to deny a face-to-face hearing before enforcing levies against a taxpayer was not an abuse of the Tax Court’s discretion. In Muir v. Commissioner, No. 18-60336 (5th Cir. Feb 15, 2019), [...]
In its opinion in Bitetzakis v. Bitetzakis, Case No. 2D17-4822 (Fla. 2d DCA Feb 1. 2019), Florida’s Second District Court of Appeal recently held that an individual signing a will must strictly comply with the signature requirements of section 732.502, Florida Statutes, for the will to be recognized as valid [...]
The Tax Cuts and Jobs Act (“TCJA”), made changes to Internal Revenue Code Section 529. Section 529 created so called “529 Plans” or “qualified tuition plans” for taxpayers to shield growth in college savings from further income taxes. However, the old Section 529 did not allow for private elementary [...]
