Kaufman and Canoles

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Private Client Services Update - No Longer a Need to Rush to the Funeral Home
There are at least two Virginia cases where disputes have arisen and litigation has resulted over the question of where a person should have been buried.
By Robert H. Powell III and Private Client Services

Private Client Services Update - Revoking Irrevocable Trusts
Although Virginia has now operated under the Uniform Trust Code (“UTC”) for several years, there are potentially useful changes that many professionals who deal with trusts have not yet realized.1 The new statute made some material changes that, under the right circumstances, may allow a client to modify or even terminate a trust that was supposed to have been “irrevocable.”
By W. Hunter Old and Private Client Services

Title Insurers are Entitled to Recovery Under a Virginia Settlement Agent Surety Bond
Too frequently, title insurance companies receive a notice of claim from an insured lender or borrower asserting that a settlement agent failed to record a deed of trust, failed to include the proper legal description, failed to obtain a necessary release of lien, etc.
By Brian O. Dolan and Christopher R. Papile

Private Client Services Update - The Special Opportunities for Disclaimers in 2010
For families of decedents dying in 2010, while there is no federal estate tax, disclaimers can be a especially useful tool.
By Robert C. Goodman Jr., Sarah E. Messersmith and Private Client Services

The Young Lawyer's Dilemma Part 2: Gaining Perspective
The Federal Lawyer recently published R. Johan Conrod's article, 'The Young Lawyer's Dilemma Part 2: Gaining Perspective.'
By R. Johan Conrod Jr.

Employment Law Update - Summer 2010
In this Issue:
- Employment Practices Affected by Federal Health Care Reform
- Agency Reps Provide Tips to Attendees of the 26th Annual Employment Law Update
- Sex[t]ual Harassment - Do Employers Need a Text Messaging Policy
- HIRE Act Provides New Hiring Incentives
- 26th Annual Employment Law Update: Featuring an All New Health Care Reform Presentation
By Labor & Employment

District Court Upholds ESOP Stock Cash-Out Feature for Terminated Employees
Tharaldson Motels, Inc. ("TMI") is a holding company that owns and operates hotels in 36 states. TMI adopted an ESOP in 1998, which, by the end of 1999, had acquired 100 percent of TMI's stock. Prior to 2005, the governing plan documents required plan participants who terminated employment to elect either an immediate cash distribution or a reinvestment of their stock balance in a stable value account; the plan did not allow participants to retain their balances in TMI stock after termination of employment.
By Richard C. Mapp III