A Cautionary Tale About the FMLA

By Rudman Winchell Attorney Anne-Marie L. Storey

This is a story about the potential consequences of not properly training supervisors as to FMLA rights and obligations.  It is a long and detailed story, but the details are necessary to understand how the court came to its decision.   It is also an important story because ultimately the court determined not only that the […]

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There Is No Such Thing As Custody In Maine

By Rudman Winchell Attorney Caitlyn Smith

There is a vast misunderstanding of the terms used when dealing with the rights of parents.  In Maine, the Family Court does not use the term “custody” and it hasn’t for a number of years.  The two major concepts that encapsulate that term are “parental rights and responsibilities” and “primary residence.” The phrase “parental rights […]

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Avoid Capital Gains Tax by Rethinking the Credit Shelter Trust

By Rudman Winchell Attorney Kristy Hapworth

Estate planning attorneys have traditionally employed a number of strategies designed to minimize or eliminate estate tax liability for their clients. While many of these strategies increased capital gains tax liability by forfeiting a basis step-up, with federal estate tax rates of up to 40%, capital gains tax was the preferable tax to pay. Changes […]

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TIPS FOR A MAINECARE LONG-TERM CARE APPLICATION  

By Rudman Winchell Attorney Rachel M. Trafton

In Maine, the Medicaid benefit is administered by the Department of Health and Human Services (DHHS) and is called MaineCare. MaineCare can help pay for long-term care services for individuals who are both medically and financially eligible for the benefits. The MaineCare rules regarding long-term care are complex, and they include: An asset limit for […]

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Best Practices in International Business Contracting – Part 2

By Rudman Winchell Attorney Jonathan P. Bench

            In a prior blog post, I began discussing best practices when contracting with another business that is outside of the United States. The most successful businesses forecast their potential business risks, discuss them early with their counterparts, include related provisions in their contracts addressing those risks, and then monitor the relationship on an ongoing […]

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Asset Preservation for Married Couples Using Last Wills and Testaments

By Rudman Winchell Attorney Joy A. Trueworthy

When people become chronically ill or disabled, they may need long-term care (LTC) services. Given the very high cost of LTC services, many people will apply for MaineCare (Maine Medicaid). People are sometimes surprised to learn that the application of the MaineCare rules varies based on whether the applicant is married and what type of […]

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Unusual Situations May Require Leave Time

By Rudman Winchell Attorney Anne-Marie L. Storey

Without question, employees are impacted by events occurring outside of the workplace and such events can have a direct effect on their work status, including requests for time off.   This is a reminder of just two types of those events: 1) natural disasters/public health emergencies and 2) the return to school of an employee’s child. […]

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WORK-RESTRICTED DRIVERS LICENSE-When You Can Drive to Work After Getting Arrested for Drunk Driving  

By Rudman Winchell Attorney Anthony A. Trask

In representing people arrested for drunk driving, referred to as Operating Under the Influence or OUI[i], I am frequently asked how to obtain a work-restricted driver’s license. There is a fair amount of confusion on this topic, and for good reason, because it deals with the dual proceedings associated with OUI. When someone is charged […]

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Best Practices in International Business Contracting – Part 1

By Rudman Winchell Attorney Jonathan P. Bench

            All contracts are subject to certain laws. The beauty of contracting is generally being able to choose which laws become part of the contract. An international business contract, for instance, it should generally read like a sophisticated business contract that will be performed by two domestic, English speaking parties. However, depending on the home […]

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Ten Rudman Winchell Attorneys Selected As Best Lawyers in America Representing Thirteen Practice Areas

By Rudman Winchell Attorney

Rudman Winchell Attorneys Recognized as “Best Lawyers America” for 2018   Rudman Winchell attorneys David C. King, Frank T. McGuire, William H. Hanson, Edmond J. Bearor, Hans S. Peterson, Jane E. Skelton, Christopher J. Austin, Anthony D. Pellegrini, Anne-Marie L. Storey, and Jennifer L. Eastman, have been selected by their peers for inclusion in The […]

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