Estate and Elder Law

Recent Posts

EEOC Final Rule Clarifies Age Discrimination in Employment Act Defense
Posted on 10 Apr 2012 by Williams Mullen

BY: DAVID C. BURTON & REBA MENDOZA On March 29, 2012, the Equal Employment Opportunity Commission ("EEOC") issued a final rule amending the Age Discrimination in Employment Act ("ADEA") regulations in the wake of the United... Read More

Williams Mullen: Wealth Transfer Planning in 2012: Perfect Storm of Opportunity
Posted on 24 Apr 2012 by Williams Mullen

BY: FARHAD AGHDAMI 2012 may present the single greatest opportunity for wealth transfer planning in recent memory. A $5.12 million gift tax exemption, combined with low interest rates and historically low valuations for many asset classes, creates an... Read More

Williams Mullen: Corporate Spin-Off and a New Retirement Plan Did Not Violate Employees’ Rights Under ERISA: Nauman v. Abbott Laboratories
Posted on 22 Feb 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW The U. S. Court of Appeals for the Seventh Circuit has affirmed [ enhanced version available to lexis.com subscribers ] a trial judgment against a class of former employees of Abbott Laboratories ("Abbott"... Read More

Williams Mullen: Civil Suit Challenging North Carolina Medicaid Appeal Procedures
Posted on 21 Feb 2012 by Williams Mullen

BY: MARCUS C. HEWITT A civil suit recently filed in North Carolina could affect who decides appeals of agency decisions related to the North Carolina Medicaid program, which could in turn affect the difficulty of appealing agency decisions by the Division... Read More

Williams Mullen: McCravy v. Metropolitan Life Insurance Co.: Recognizing A Broader Scope for ERISA’s Equitable Remedies
Posted on 20 Jul 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court's decision in CIGNA Corp. v. Amara... Read More

Williams Mullen: IRS Grants Extension of Time to Make Late Portability Election
Posted on 19 Mar 2012 by Williams Mullen

BY: JOHN H. TURNER, III & JEFFREY D. CHADWICK In December 2010, Congress created a new right of "portability" between spouses,to remedy the circumstance in which spouses were unable or unwilling to engage in estate tax planning. For deaths... Read More

Williams Mullen: Retirement Plans’ Fiduciaries Are Found Liable to Plans for $36.9 Million: Tussey v. ABB, Inc.
Posted on 4 May 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Tussey v. ABB, Inc. , No. 2:06-cv-04305 (Western District of Missouri, March 31, 2012) [ enhanced version available to lexis.com subscribers ], a class action case brought by present and former employees of... Read More

Williams Mullen: Fiduciary Not Liable For Money Damages in Action to Recover Death Benefits: Stocks v. Life Insurance Company of North America
Posted on 30 Mar 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW A federal district court recently applied the U. S. Supreme Court's decision in CIGNA Corp. v. Amara (2011) [ enhanced version available to lexis.com subscribers ], in a practical setting that illuminates... Read More

Williams Mullen: Seventh Circuit Allows Retaliation Claim By Complaining Plan Participant
Posted on 15 Oct 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW The U. S. Court of Appeals for the Seventh Circuit revived a former employee's retaliation lawsuit against his employer even though his claim was based on an informal, unwritten inquiry about his retirement... Read More

Medical Malpractice Reforms Favor Long Term Care Industry, Could Result in a Flurry of Lawsuits Before the Reforms Take Effect
Posted on 17 Aug 2011 by Williams Mullen

BY: ELIZABETH D. SCOTT & JONATHAN R. BUMGARNER On July 25, 2011, the North Carolina House voted to override Governor Perdue's veto and approve a broad overhaul of North Carolina's medical malpractice laws. Ratified Senate Bill 33 expands... Read More

Williams Mullen: Eleventh Circuit Rules That Home Depot Plan Fiduciaries Did Not Breach Their Duties Related to the Plan’s Company Stock Fund: Lanfear v. Home Depot, Inc.
Posted on 4 Jun 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit... Read More

Williams Mullen: EEOC Final Rule Clarifies Age Discrimination in Employment Act Defense
Posted on 19 Apr 2012 by Williams Mullen

BY: DAVID C. BURTON & REBA MENDOZA On March 29, 2012, the Equal Employment Opportunity Commission ("EEOC") issued a final rule amending the Age Discrimination in Employment Act ("ADEA") regulations in the wake of the United States... Read More

Williams Mullen: Virginia Enacts Trust Decanting Statute
Posted on 13 Jun 2012 by Williams Mullen

BY: FARHAD AGHDAMI & JEFFREY D. CHADWICK On April 4, 2012, Governor McDonnell signed Senate Bill 110 into law, which allows trustees to exercise the power to distribute trust income or principal to or for the benefit of a beneficiary by distributing... Read More

Williams Mullen: Gift and Creditor Protection Planning with Virginia’s New Self-Settled Spendthrift Trust Statute
Posted on 6 Jun 2012 by Williams Mullen

BY: FARHAD AGHDAMI & JEFFREY D. CHADWICK On April 4, 2012, Governor McDonnell signed Senate Bill 11 into law, which permits the creation of "self-settled spendthrift trusts" in Virginia. A self-settled spendthrift trust is an irrevocable... Read More

Williams Mullen: Matching Contribution Feature Subjects 403(b) Plan to ERISA
Posted on 16 Jul 2012 by Williams Mullen

BY: CATHERINE M. MARRIOTT & NONA K. MASSENGILL Tax-exempt entities that sponsor IRC Section 403(b) plans typically operate their plans to avoid the application of ERISA. ERISA will not apply if the plan can satisfy a safe harbor exemption. Central... Read More