Virtual currency is, by most objective standards, a new asset class. The oldest virtual currency is Bitcoin, which launched in 2009. In recent years, there has been a proliferation of technologies developed on Bitcoin’s promise of distributed...
QUESTIONS AND ANSWERS ABOUT OFFSET BYPASS REFUNDS
If a taxpayer has delinquent tax debts, the taxpayer will generally not receive any tax return refunds due to him.1 The IRS will typically apply whatever refund that taxpayer is owed to a prior year’s tax debt. For example, if a taxpayer has a...
CONVERSATION WITH AN EXPERT: LARRY KATZENSTEIN
This is the first in a series of interviews between Rajiv S. Khanna, principle of The Law Offices of Rajiv Khanna, and leading practitioners across the country designed to provide personal and professional insights into various areas of the law....
OPERATOR OWNERSHIP AND CONTROL REQUIREMENTS IN REAL ESTATE JOINT VENTURES
One of the more common ways that an institutional investor (Investor) invests in real estate is by teaming up with a local operator or developer (Operator) in a joint venture (Venture) to acquire, and sometimes develop or refurbish, real estate....
WHO GETS THE FEE WHEN COUNSEL IS DISCHARGED IN A CONTINGENCY CASE—DISCHARGED COUNSEL OR SUCCESSOR COUNSEL?
When a client terminates its legal representation in a contingent fee matter without cause, and subsequently retains new counsel from a different firm, the Rules of Professional Conduct related to the division...
TRUSTS FOR BENEFICIARIES WITH ADDICTION AND MENTAL ILLNESS ISSUES (WITH SAMPLE PROVISIONS)
When thinking about their estate plans, parents typically want to treat their children equally. This is true even when a beneficiary is struggling with addiction or mental illness issues. Of concern are beneficiaries who suffer from addictive or...
WHO AM I TO SAY? A LAWYER’S DUTY TO ASSESS CAPACITY IN ESTATE PLANNING
Can you prepare estate planning documents for a client if you are not convinced that the client has testamentary capacity? Do you have a duty to later advocate for the validity of the documents? This issue is subject to some debate. The American...
WHAT LLC LAWYERS SHOULD KNOW ABOUT FORMS —TEN QUESTIONS AND ANSWERS
State-by-state statistical analyses suggest that there are presently at least 12 million US LLCs in good standing. It is reasonable to assume that at least 500,000 additional US LLCs will be formed by the end of 2022 and in every year thereafter....
ENFORCEMENT OF JUDGMENTS (WITH FORMS)
You are retained by a client to collect a debt. You first send a demand letter. It is ignored. You then commence a lawsuit. Whether the lawsuit is contested or ignored, you finally end up on that happy day of having entered a judgment against the...