Category: Attorney Blog

INSURANCE MATTERS

  Don’t waste the insurance you’ve already bought.                   Through the years, certain client problems seem to come across my desk now and again, and then not again for a long time.  Recently, there seems to have been a spate of situations in which clients have lost coverage, or almost lost coverage, under insurance […]

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CHANGES IN THE TAX LAW Spousal Support No Longer Tax Deductible

One of the more complicated and uncertain aspects of divorce is how much spousal support, also called alimony, a party will have to pay.  Maine law does provide some guidance, but not a great deal. 1 The law presumes that there will be no general ongoing spousal support if the marriage lasted less than ten […]

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SPOLIATION OF EVIDENCE AND THE DUTY TO PRESERVE – WHAT YOU NEED TO KNOW

If you own a business, or find yourself in a situation where you may have evidence related to a potential dispute, you may have a duty to preserve that evidence. It is important to understand your obligations and the steps you should take. The obligation to preserve evidence arises when (1) you have notice that […]

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New DOL Opinion Letter Addresses FMLA Question

On April 12, 2018, the federal Wage and Hour Division (WHD) of the DOL issued its first opinion letters since 2009.  One of the letters addressed an issue under the FMLA.  The question posed by the employer was whether a non-exempt employee’s use of a 15-minute rest break every hour for a serious health condition […]

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What is a Phase I Environmental Site Assessment and When Should I Get One?

Recently we assisted a client looking to purchase a commercial industrial site that leased heavy equipment. Prior to completing the transaction, the buyer got a Phase I Environmental Site Assessment (ESA). A Phase I ESA is an investigation of a subject property by an environmental professional that reviews current and past history of the property, […]

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New IRS Rules Regarding Partnership Audits (including LLCs), Part II

This blog is part two of three regarding the new IRS BBA Rules that went into effect on January 1, 2018. Background: The new IRS “BBA Rules” reduce the partnership audit burden on the IRS by placing an increased burden on the current partners to both: (1) satisfy tax deficiencies for prior tax years and […]

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To Gift or Not to Gift

One of the many federal tax changes in 2018 is that the annual gift tax exclusion amount has increased from $14,000 to $15,000. This change is actually due to inflation rather than the Tax Cuts and Jobs Act of 2017 signed into law this past December. What does the exclusion amount really mean? The exclusion […]

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How Not to Use Surveillance in an FMLA Situation

A recent decision from the US District Court in Idaho provides some useful reminders of what can constitute interference and retaliation under the FMLA. As our readers know, it is a violation of the federal FMLA to interfere with, restrain, or deny the exercise or attempted exercise of FMLA rights by an employee.  Courts have […]

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Marijuana’s Legal Limbo Poses Challenges for Municipalities

On November 8, 2016, Maine voters approved a ballot question legalizing possession and use of marijuana by persons 21 and older, and to allow commercial cultivation and sale of marijuana, subject to state and local regulation.  The new law, the Marijuana Legalization Act, took effect January 30, 2017, but the Legislature imposed a moratorium on […]

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Why is a deposit so necessary to a purchase and sale agreement?

Several times clients that are purchasing real estate have asked, “Do I really need to give a deposit?” The parties say “This is a friendly transaction, is it really necessary to give the seller a deposit when entering into a purchase and sale agreement?  There are actually several good reasons for requiring a deposit with […]

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