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Gift tax payments must be included in decedent’s estate 

Published: May 9, 2012

Tags: gift tax, QTIP trust, Qualifying Terminable Interest in Property trust, taxation

Gift taxes paid by the donee trustees of a Qualifying Terminable Interest in Property (QTIP) trust should have been included in the transferor’s gross estate for purposes of calculating federal estate tax, the 9th Circuit has ruled in affirming judgment.

Federal agencies: FCRA is constitutional 

Published: May 9, 2012

Tags: Congress, Consumer Financial Protection Bureau, consumer protection, credit reporting agencies, Department of Justice, Fair Credit Reporting Act, Federal Trade Commission, Supremem Court

WASHINGTON – In a joint brief filed in a Pennsylvania district court case challenging the Fair Credit Reporting Act, three federal agencies have urged the court to find the law constitutional.

Female worker can sue over same-sex touching 

Published: May 8, 2012

Tags: hostile environment, Title VII

A female corrections worker could maintain a Title VII hostile environment claim based on an allegation that her female supervisor repeatedly brushed against her breasts, the 2nd Circuit has ruled in reversing a summary judgment.

EEOC transgender ruling could allow gay bias claims 

By: Kimberly Atkins
Published: May 8, 2012

Tags: employment discrimination, gender bias, sexual orientation, Title VII, transgender bias

WASHINGTON – The recent ruling from the Equal Employment Opportunity Commission holding that transgendered workers can bring employment bias claims under Title VII is a “game changer” in employment discrimination law, and could lead to claims under the Act based on sexual orientation.

IOM: FDA needs better drug monitoring system 

Published: May 8, 2012

Tags: drug safety, FDA, PLIVA v. Mensing

WASHINGTON – The Institute of Medicine has urged the Food and Drug Administration to adopt a more comprehensive system of monitoring drugs on the market so that the agency can better react to post-market safety issues.

Putting client testimonials to work for your practice 

Published: May 7, 2012

Tags: client, marketing, testimonial

The matter’s resolved, your work is done and the client is happy. But don’t flip to the last page before you consider asking your client for a testimonial about your service.

With a testimonial, your client’s enthusiasm can benefit more than your morale.

Gay man may sue for interference with inheritance 

Published: May 7, 2012

Tags: estate planning

A gay man may be able to sue the sister of his deceased life partner for intentionally interfering with his expected inheritance, the California Court of Appeal has ruled in reversing a dismissal.

Protective sweep in domestic call was constitutional 

Published: May 7, 2012

Tags: Fourth Amendment, search and seizure

Police responding to a domestic violence call didn’t violate the Fourth Amendment when they conducted a protective search of the suspect’s home after securing his arrest outside and accounting for the safety of all his potential victims, the 4th Circuit has ruled in reversing a suppression order.

Written notice sufficient to preserve TILA rights 

Published: May 7, 2012

Tags: consumer protection, Regulation Z, rescission, statute of limitations, Truth in Lending Act

Home borrowers preserved their rescission rights under the Truth in Lending Act when they provided their lender with written notice within three years of closing their loan, the 4th Circuit has ruled in reversing a dismissal.

Lawyers await ‘Padilla’ retroactivity ruling 

By: Kimberly Atkins
Published: May 5, 2012

Tags: immigration, ineffective assistance of counsel, Padilla v. Kentucky, retroactivity, Sixth Amendment, Supreme Court

WASHINGTON – Two years after the U.S. Supreme Court’s landmark ruling that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, the justices are poised to decide just how far back that constitutional protection extends.