What happens if when you die, an original copy of your will cannot be located? That was the issue in the recent BC Supreme Court decision Thierman Estate v. Thurman. The deceased (Mr. Thierman) left a copy of his will in a dresser drawer in his bedroom. However, at the time of his death, the original was nowhere to be found. The evidence indicated that Mr. Thierman had received an original copy of his will after it was mailed to him by his lawyer, that he had likely deposited his original will in his safety deposit box shortly after receiving it, and that he also accessed his safety deposit box shortly before his death. The court had to decide whether Mr. Thierman destroyed his will with the intention of revoking it, or if he simply misplaced it.
Monthly Archives: June 2013
On May 16, 2013, Maryland Governor Martin O’Malley signed into law H.B. 1515. The bill includes revisions to the state’s gas tax that will become effective on July 1, 2013. This law will replace the current flat gasoline tax rate of 23.5 cents per gallon to a rate that is indexed to increase with inflation. It also includes set future gas tax increases that are contingent on whether Congress passes the Marketplace Fairness Act of 2013 (the “Fairness Act”) or a similar act.
Carl Grassi will be discussing ESOPs this Saturday, June 15th, on The Michael Gibbons Radio Show. The program airs on 1420 AM WHK from 1:00 p.m. to 2:00 p.m. every Saturday. The goal of the show is to help the business owners and/or managers create value and growth in their businesses.
Business Restructuring and Bankruptcy Alert: Restructuring Options for Continuing Care Retirement Communities
The financial crisis of the late 2000’s, the resulting recession and the tepid recovery have created a challenging environment for continuing care retirement communities (“CCRCs”). While a low interest rate environment during the past few years has made debt service easier, the primary factor in the recession—the decline in housing prices—has created a significant challenge for many CCRCs. Unable to meet occupancy targets and the related credit agreement covenants, many CCRCs are forced to restructure their balance sheets and operations, downsize, or both. A recent prepackaged bankruptcy by a CCRC illustrates one non-traditional, but highly effective, restructuring option.
Arnstein & Lehr Chicago Partner William J. Anaya authored an article titled “New Wine in Old Bottles? Something Old and Something New in Environmental Due Diligence Standards – ASTM International Proposes Due Diligence Standards.” The article discusses how the ASTM is currently in the process of modifying current standards of material disposal for the fifth time since 1993. Mr. Anaya also discusses what is on the horizon for proposed changes to material disposal.
To read the article in full, please click here.
Arnstein & Lehr Miami Associates Samuel M. Sheldon and Steven M. Appelbaum recently secured a trial victory before Judge Robert Mark of the U.S. Bankruptcy Court for the Southern District of Florida. In the case, the plaintiffs asserted adversary claims seeking non-dischargeability of debts arising from the clients’ alleged fraudulent concealment of latent defects in a condominium unit sold to the plaintiffs by our clients. Following the presentation of the plaintiffs’ case, they moved for judgment on partial findings. The court granted their motion, finding that the plaintiffs had failed to prove that our clients knew of any latent material defects, and entered final judgment in the clients’ favor.
Arnstein & Lehr Chicago Partner Justin L. Weisberg chaired the Engineers Joint Contract Document Committee (EJCDC) Meeting in Portland, Oregon, ending his one-year tenure as the chair of the organization. This week, the organization approved a comprehensive narrative on the construction family of documents for publication and continue to develop a national form for Public Private Partnership agreements that is anticipated to be released in 2014.
Arnstein & Lehr Fort Lauderdale Partner Lori Adelson spoke at a CREW (Commercial Real Estate Women) event on June 6, 2013 in Fort Lauderdale. Ms. Adelson was one of three women on a panel discussing legal/tax/ADA real estate changes.
The consumer watchdog, Choice, recently reported on the emerging practice of using trade marks as ‘nutritional branding’. Choice examined over 200 products branded using ”natural” or “healthy” on the packaging, and found that many of these products contained preservatives, sugar or high levels of salt. – See more at: http://www.gadens.com.au/publications/Pages/Use-of-%e2%80%98healthy%e2%80%99-brands-legal-issues.aspx#sthash.GtttM1oH.dpuf More…