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Proposed IRS Regulations Go After the Family Limited Partnership

If your client operates a business through a Family Limited Partnership, professional responsibility requires that you apprise them of possible changes on the horizon that could substantially affect these entities' tax exposure.

This is big news for high net-worth families who have successfully utilized the Minority Interest Discount to reduce estate taxes for the next generation. But how do you break the news to your rich clients?

In-House Lawyer's Intro to Trade Secrets

When it comes to intellectual property, everyone talks patents. Trademarks, copyrights, and other bits of intellectual property are scattered about. Even attorneys can sometimes fall into the trap of knowing just enough to be dangerous to themselves.

Less known is the trade secret. Trade secret law mostly gets invoked in the context of employment law. Almost everyone has signed a lengthy employment contract that stipulates in prolix language that the employee will not divulge valuable trade secret information to third parties. But what key factors should in-house lawyers be aware of when it comes to this lesser known aspect of intellectual property?

Is Obesity a Protected Disability Under the ADA?

As America's waistline has gotten bigger, so too have the number of lawsuits that have asked the very important question: is obesity a qualifying disability under the Americans with Disabilities Act? Well, the short answer is no, but the more lawyerly answer is "yes, practically."

Below we get into the weeds of obesity and its relationship with the Americans with Disabilities Act.

Will Passage of Prop 64 Affect CA Employers' Drug Policies?

California voters will get a chance to finally legalize the adult possession and consumption of marijuana within this state, joining the ranks of D.C., Oregon, Washington, and a few other jurisdictions this coming November 8th. This, despite marijuana still being listed as a banned substance under the federal Controlled Substances Act.

You may be wondering how the passage of Prop 64 will affect California employers' rights to vigilantly control drug policies. Likely, not much.

Employee Theft Is Rampant: 5 Signs It's Happening

By some accounts, about 75 percent of employees steal from their employers. As in-house counsel, you might find yourself in the uncomfortable position of having to advise your client as to why some numbers aren't matching up. Could it be that someone in the company is walking out with the goods? Could be.

How to Avoid Workplace Background Check Violations

You've likely heard about big-time companies that have felt the sting of the FCRA knife. Workplace background check violations are serious issues employers shouldn't ignore.

Below, we provide a quick overview of The Fair Credit Reporting Act. We also cover some steps you can take as in-house counsel to best protect your company from the new federal cloud passing over corporate clients.

OSHA's Multi-Employer Citation Policy: Intro for In-House Lawyers

In-house attorneys are generally aware that workplace safety can be one of the most pressing concerns for a business client, but they might be less familiar with the implications of OSHA's Multi-Employer Citation Policy.

If you're wondering, what is OSHA's Multi-Employer Citation Policy? Then you're in luck. This quick overview is for you.

How the General Counsel and CFO Should Work Together

These days, being the GC of a company isn't quite the cush job everyone imagined it to be. As commerce has gotten increasingly global, legal teams that operate on the company dime are finding themselves busier than they had ever anticipated. The world waits for no one.

That means that in-house counsel should really leverage power at the top. And since the CEO is often gone or aloof, the next best buddy a general counsel can have is the CFO.

Should Employers Restrict Political Speech at Work?

Are you for Hillary or Trump?

Yeesh, let's step back from that minefield for a moment and consider what it could do for company morale -- and stability. Many companies can be lax about what conduct should and should not be restricted within a workplace environment, including political speech. We all invariably start talking about politics at work, even if we know better. But should we? And more importantly, should employers watch their lax policies? The solution is probably the easiest compromise in the world.

In early April, the Treasury Department and IRS released new proposed regulations under Section 385 of the Internal Revenue Code. They have been called “sweeping” and “dramatic” by tax experts and partners at major firms across the board — terms not usually associated with IRS regs. And they come as a bit of a surprise, having only been hinted to in earlier Treasury rule-making notices.

The new Section 385 regulations are so broad that they “fundamentally redefine the extent to which an intercompany instrument will constitute debt, irrespective of whether that group is inverted and who in the group issues it,” as Kevin M. Cunningham, managing director of KMPG in the International group, explains in a new Special Report for Thomson Reuters Checkpoint. (Disclosure: Thomson Reuters is FindLaw’s parent company.) Here’s what in-house counsel need to know.