Publications

Modern families are complex and can consist of unmarried couples, married same-sex couples or couples in second marriages. These families may encounter unique estate planning challenges and may not always enjoy the same legal advantages, spousal rights, and tax benefits as others. For instance, couples who do not take the formal step of marriage under […]

Senior Counsel Robert M. Langer and Michael A. Kurs of Pullman & Comley have co-authored an article titled, “The Federal Trade Commission and the U.S. DOJ Antitrust Division during the Biden Administration Have Significantly Ramped Up Antitrust Enforcement: Non-Antitrust Lawyers Beware!” in the Connecticut Bar Association’s Connecticut Lawyer Magazine. The article discusses the efforts of the Federal Trade Commission […]

Greetings, Court Fans! It’s the first Monday of October, which means The Nine are back in action, and so are we. As we have for the past two decades or so, we’ll be summarizing each of the Court’s decisions throughout October Term 2023. But since the opinions won’t start to roll out until around December, […]

Ownership of real property in multiple states can raise many estate planning issues. How the property is titled (i.e., whether the property is owned directly or through an entity, such as a trust or a limited liability company, may have a dramatic impact on the settlement of your estate and the taxes due. Fortunately, there […]

Senior Counsel Robert Langer and Alundai J. Benjamin of Carlton Fields, P.A. co-authored an article titled, “The FTC’s 2022 Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 and its Potential Impact Upon Little FTC Acts” in the American Bar Association Antitrust Law Section’s Antitrust Magazine. The article discusses the potential significance of the apparent […]

Imagine owning your family lot for decades, only to suddenly learn that, without your knowledge or permission, a house is being built on it. Upon realizing what has happened, you rush to the lot. Much to your surprise you see not only a $1.5 million house being built on your property, but learn the lot […]

A special kind of irrevocable trust, known as a qualified personal residence trust (or QPRT), may enable you to transfer your residence to your children (or others) at a significantly reduced value for tax purposes, yet allow you to continue to live in the residence for as long as you wish. Setting Up a QPRT […]

Wiggin and Dana’s Insurance Practice Group has published a recent Insurance Update. We are pleased to offer these periodic updates, with summaries of recent cases and legislation or regulations of interest, as well as the Group’s recent activity. To view our newsletter, please click the PDF link below.

Last Thursday, the U.S. Department of Justice (“DOJ”) sued Space Exploration Technologies Corporation (“SpaceX”), accusing the aerospace company of discriminatory hiring practices against refugees and people granted asylum in the U.S., in violation of the Immigration and Nationality Act (“INA”), which prohibits citizenship status discrimination at all stages of the hiring process including recruiting, screening […]

The Second Circuit recently issued an opinion that may move up the timeline for class action lawsuits following data breaches and help chart a course for plaintiffs seeking to establish that they have standing to sue immediately following such breaches. The court also reached several conclusions that will be critical points to consider for companies […]

On August 16, 2023, the Federal Trade Commission announced that it has settled, via a proposed consent order, a pending antitrust investigation into a proposed acquisition in which a private equity firm, Quantum Energy Partners (“Quantum”), was integrally involved with natural gas producer EQT Corporation (“EQT”).[1] The conduct remedies include Quantum agreeing to relinquish seats […]

Each year, Wiggin and Dana LLP and LeadingAge Connecticut collaborate to produce a comprehensive summary of new Connecticut laws affecting providers of services for the elderly. The 2023 Legislative Summary reports on a number of new legislative requirements affecting nursing homes, assisted living communities, residential care homes, home care, senior housing, PACE, and health care […]

The family beach house, ski condo, lake cottage, or other vacation property is often cherished for the lifelong memories created and the traditions upheld. Understandably, many people want to keep these properties in the family for generations to come, with the intent of creating meaningful family traditions and history, strengthening family ties, and preserving a parent’s […]

On August 9, 2023, the Biden Administration finally issued a long-anticipated Executive Order targeting outbound investments in sensitive sectors in China, Macau and Hong Kong.  The same day, the Treasury Department (“Treasury”) issued a corresponding Advance Notice of Proposed Rulemaking (“the ANPRM” or “Proposed Rule”) describing the contours of proposed implementing regulations.[1] The EO, entitled […]

Clients interested in assisting a family member financially can consider making an intrafamily loan. To be respected as a loan, rather than a gratuitous transfer, certain formalities should be followed. Here, we outline those formalities. What is an intrafamily loan? Although current tax law allows for the exclusion of gifts up to $13.99 million for […]

Consistent with this administration’s stated antitrust priorities, both the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) have made recent proposals that, if enacted, would significantly expand the scope of merger review in the United States. First, the FTC has proposed a major expansion to the information to be included in […]

Clients often ask us how to plan for educational expenses for their children or grandchildren. According to the College Savings Plans Network, at an inflation rate of 6%, it will cost about $276,954.00 to send a child who is currently a toddler to an in-state, public college for four years, inclusive of tuition, fees, room, […]

  “This irrevocable trust no longer meets our needs, what options do we have?” This is a question that clients periodically ask. A recent Pennsylvania Supreme Court case, In re Trust Under Deed to Walter R. Garrison, illustrates a trend among states to grant greater flexibility to modify or terminate irrevocable trusts. In re Trust […]

Private foundations, also known as “family foundations,” can serve strategic wealth planning goals for high-net-worth individuals while also serving charitable goals. However, private foundations require oversight and annual reporting, and administering a private foundation may be more onerous than it first appears. In this publication, we discuss the key requirements and recommended practices associated with […]

On June 29, 2023, the Federal Trade Commission (“FTC”) published the final version of its revised “Guides Concerning the Use of Endorsements and Testimonials in Advertising”[1], hereinafter (“Guides”). For the purposes of the Guides, it is important to note that endorsements and testimonials are treated identically.[2] The revised Guides contain a number of significant changes […]

Greetings, Court Fans! We’re back with our final Update of OT22, covering a trio of decisions involving standing and challenges federal agencies’ authority: We’ll start with Biden v. Nebraska (No. 22-506) and Department of Education v. Brown (No. 22-535), two challenges to the Biden Administration’s student-loan forgiveness plan. In 2022, Secretary of Education Miguel Cardona […]

Greetings, Court Fans! We’re back today with summaries of four of the Court’s decisions from the last week of its OT22 term: We’ll be back tomorrow in what should be our last Update of the term to talk about a trio of cases involving standing and challenges to administrative agencies’ authority, specifically in the context […]

Partner Daniel Goren and Counsel Sean Koehler authored an article published in Issue 33 of Export Compliance Manager titled, “Largest-ever penalty ushers in new era of BIS enforcement.” Dan and Sean discuss the Department of Commerce’s Bureau of Industry and Security (BIS) decision to impose a $300 million civil penalty — the largest standalone administrative penalty in BIS history […]

Every month, the IRS publishes “applicable federal rates” (AFRs) and a § 7520 rate. These are the rates prescribed by the IRS for use by taxpayers for various intra-family transactions and estate planning vehicles. Importantly, these rates have steadily increased over the last few years. The July 2023 AFRs have been released. The current short-, […]

Greetings, Court Fans! In this installment, we bring you summaries of two cases that address accommodations for religious beliefs and practices without invoking either the Free Exercise or Establishment clauses of the First Amendment. In 303 Creative LLC v. Elenis (No. 21-476), a 6-3 Court held that the Free Speech clause of the First Amendment […]

Greetings, Court Fans! As promised last week, we’re back today with a summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College (No. 20-119), where a 6-3 Court held that Harvard’s and the University of North Carolina’s race-conscious admission policies violated the Equal Protection Clause. Given the case’s importance—to say nothing […]

Greetings, Court Fans! Today, the Supreme Court’s OT2022 term came to a close, with the issuance of its last three decisions: We’ll have more thorough coverage of these and all the rest of this week’s decisions soon, including a special Update thoroughly analyzing yesterday’s opinions in Students for Fair Admission, Inc. v. President and Fellows […]

Greetings, Court Fans! Today, on what is likely the penultimate day of the term, the Court issued three decisions, including one of the most watched cases of the term: That leaves just two cases before this term comes to a close, which we expect the Court will issue tomorrow: 303 Creative, LLC v. Elenis (No. […]

The Private Client Services team is pleased to share Part II of the “Estate Planning with Digital Assets” series. In the first part of this two-part series (click here to read), authors Vanessa Maczko and Beth Scharpf outlined terminology and concepts that estate planners must address with their clients to facilitate the ownership and transition […]

Following up on an advisory we published a year ago on LGBTQ+ Family Estate Planning (click here to read), and as many celebrate Pride Month during June, we offer this update on recent developments in state and federal laws that may have meaningful implications on estate planning strategies for LGBTQ+ individuals and couples. First, by […]