Kaufman and Canoles



Employee Benefits Update - Spring 2014
- Appeals Court Ruling Raises Pension Liability Issues for Private Equity Funds
- Avoid DOL Audit Hassles and Penalties by Wrapping Up Welfare Plan Compliance
- IRS Audits Focusing on Staffing Agency Per Diem
- Employee Benefits Landscape for Same-Sex Couples Still Uncertain
By ESOPs & Employee Benefits

International Business Advisory - An International Investor's Legal Guide to Business in Virginia
We are pleased to present the third edition of our International Investor’s Legal Guide, which we trust will brief you on some of the most important legal issues affecting an international business investing in Virginia. Blessed with one of the world’s finest deep-water ports, with motivated and trained workers and with business-oriented local governments, Virginia is an excellent choice for locating your U.S. operations. We hope that this publication will serve to make your understanding of our state and community more complete.
By Charles V. McPhillips and International

International Business Advisory - Consequential Developments Under International Sales Law
The United States is one of 80 countries that have adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG governs the formation and interpretation of sales contracts between companies with places of business in separate CISG countries. Although there are many similarities in the legal rules established under the CISG and our homegrown Uniform Commercial Code, there are also some important differences and occasionally some surprises.
By Charles V. McPhillips and International

TILA - RESPA An Overview Presentation - NAFCU Compliance School
Andy Keeney presented TILA - RESPA An Overview to the NAFCU Compliance School on March 13, 2014.
By E. Andrew Keeney and Lender Representation

Private Client Services Update - Good News for Professional Service Providers
Behind every cloud there is a silver lining. The principles behind Treasury Regulation §1.469-2(f)(6) that prevented professionals who owned their offices from using the real estate to either generate passive losses or passive income to offset passive losses now has a new twist. With the addition of the 3.8% Net Investment Income or “Obamacare” tax on passive income, rental income from many real estate investments is now subject to an additional tax. However self-rental income from a property owned by professionals and leased to themselves for their business is not subject to the tax.
By Ellis H. Pretlow, Robert C. Goodman Jr. and Private Client Services

Transfer on Death Deeds: Additional Probate Avoidance Planning
Effective July 1, 2013, the Virginia legislature adopted Virginia Code Sections 64.2-621, et seq. which authorized the creation of transfer-on-death (“TOD”) deeds. Under the new law, an owner of real property (identified as a “transferor”) may execute a TOD deed which will transfer his or her property to one or more beneficiaries effective at the time of the transferor’s death. The TOD deed does not otherwise affect the tranferor’s rights to the property during his or her lifetime. Additionally, the transfer at death occurs outside of the probate process.
By Philip L. Hatchett and Private Client Services

Employment Law Update - Winter 2014
It is very important for employers to properly determine whether individuals in their workplace are employees or would more properly be classified as volunteers, independent contractors, or owners.  This is because many of the federal laws prohibiting discrimination and otherwise establishing employee rights may not apply if the person in question is not an employee.
By Labor & Employment