Kaufman and Canoles



Private Client Services Update - Capacity and Undue Influence Issues in Estate Planning - Incapacity for One Purpose Does Not Mean Incapacity for Another
In my practice, I am often faced with the difficult issue of evaluating the capacity of an older adult client. In the beginning stages of dementia, does the client have the capacity to make important decisions and sign legal documents? Another challenging situation, which frequently occurs concurrently with capacity issues, is undue influence.
By Lawrence G. Cumming and Private Client Services

Regulatory Update - October 2011
Helping the Hospitality Industry Cope with Compliance Under the Americans with Disabilities Act After the 2011 Revised Federal Regulations
By John M. Bredehoft and Robert C. Goodman Jr.

Private Client Services Update - Boilerplate Wills and Trusts Can Cause Unintended Consequences
As the variety of trust instruments available to estate planners increases, the amount of boilerplate or form language in such instruments seems to increase as well. When representing fiduciaries in trust and estate litigation, I see a surprising number of disagreements that arise from language no one likely gave much thought to when the document was drafted. A recent Virginia Supreme Court case reinforces why it is so important to review even the most mundane language of each and every instrument to make sure it accurately portrays the wishes and desires of each client.
By Private Client Services

Private Client Services Update - Use of LLCs to Own Buy-Sell Insurance
Buy-sell agreements funded by life insurance are a popular tool in planning for the succession and longevity of a business upon the death of a business owner. Through buy-sell agreements, business owners can agree to a predetermined disposition of each owner’s interest in the business upon his or her death or upon other events.
By William L. Holt and Private Client Services

Credit Union Legal Update - Fall 2011
In This Issue:
- FTC Statement of Policy Regarding Communications in Connection with the Collection of Decedents' Debt
- More Real Estate Lending Options
- Proofs of Claim Privacy Issues and Potential Breaches/Risk Alert
- Document Retention Guidelines
- Fixed Asset Waivers
By E. Andrew Keeney

Real Estate Strategies Update - A General Overview of Extended Title Insurance Coverage
Title insurance is a contract that obligates the insurer to indemnify the purchaser of the insurance (the "insured") from loss incurred due to loss of use and enjoyment of the property occasioned by the existence of liens, defects and encumbrances that are not identified as being excluded from coverage
By Amy L. Harman and Real Estate Strategies Group

Employment Law Update - Fall 2011
In This Issue:
- Screening Job Applicants Through Social Media Creates Legal Risk
- K&C Annual Employment Law Update to be Held at New Site
- Is This Outrageous Enough?
- Your Employees May Be Keeping Records Too
- Time to Update Anti-Retaliation Policies
- Wal-Mart Achieves Major Supreme Court Victory
By Labor & Employment