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April 2019 Archives

Considerations for Estate Planning for Immigrants

Non-US citizens with property in the US face estate planning challenges not encountered by natural-born or naturalized citizens. But immigration status does not affect the importance and need for estate planning. Indeed, critical to estate planning for immigrants is obtaining sound guidance from an experienced estate planning professional.

A Skilled WV Mergers and Acquisitions Lawyer Closes the Deal

Merger or acquisition? These terms are interchangeable in everyday discourse. However, they have distinct, different legal meanings. If you are involved in such a transaction--in West Virginia (WV) or elsewhere--it is crucial to know the difference. Your WV mergers and acquisitions lawyer should command a thorough knowledge of these legal distinctions and the nuances of each. The attorneys of Jenkins Fenstermaker, PLLC are experienced and trusted advisors who guide companies through the mergers and acquisitions (M&A) process.

Avoiding and Defending Failure to Hire Claims: What You Should Know

Discrimination in the workplace can occur before a hire is even made. The laws barring workplace discrimination run the gamut of the employment process, including the pre-employment phase. Employers must be aware of what conduct is permissible and what conduct could be problematic in order to implement and follow appropriate hiring and recruiting practices. Preparation and knowledge are key in avoiding and defending failure to hire claims.

Where to Keep Estate Planning Documents: Do You Have a Love Drawer?

Thinking about the aftermath of your own death is not a pleasant activity, but it can be an act of love. Having a will and estate plan that provide for the transfer of your assets upon your death is a critical part of end-of-life planning. However, deciding where to keep estate planning documents so they will be safe and easily accessible to your loved ones is yet another key step.

Effectively Manage Deliberate Intent Claims

Employers in West Virginia (WV) face a variety of legal challenges, but those arising out of workplace injuries can be some of the most complex. An experienced WV deliberate intent defense lawyer can help businesses navigate the various laws and regulations that apply in these specific cases and improve the chances of successful resolution.

West Virginia Employment Law: Food for Thought for Mountain State Employers

Employers and those in labor management are often trained and experienced in the many federal laws governing labor and employment, but it is also wise to have current knowledge of the specific requirements of the states and municipalities in which you do business. Employers who are informed of potential and actual changes to West Virginia employment law will find themselves better positioned to prevent and defend against allegations of misconduct.

Revoking a Will in WV: The Basics

You have the best of intentions when you execute a will, wanting to ease the burden on loved ones by leaving instructions on the distribution of your estate after your death. But executing a will isn't always a matter of set it and forget it. Sometimes a change in circumstances--the passage of time, the unexpected loss of a loved one, or a change in your financial situation--can lead you to change your mind about how you want your estate distributed. Is revoking a will in WV the answer? Read on to find out.

Viewpoint Discrimination on Facebook Page--First Amendment Considerations

Facebook usage is ubiquitous; no matter who you are--an individual, a business, or a government official--the far reach of the social media giant is undeniable. Facebook appeals to many for its ability to reach people, and several Facebook products are available that benefit both individuals and organizations. Facebook's "Pages" is a product intended for use by organizations but ultimately managed by individuals. It was just such a Facebook Page that garnered attention in the 2019 Fourth Circuit decision Davison v. Randall. The case provides illumination as to whether an intangible Facebook Page can constitute a "public forum" for purposes of First Amendment analysis. The case also examines the conditions under which banning someone from such a page might constitute actionable viewpoint discrimination.

Effect of Rule 65.1 Amendment for Litigants

Amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2018. Federal Rule of Civil Procedure 65.1 (FRCP 65.1), which governs proceedings against security providers, was among the rules amended. The Rule formerly provided for proceedings against sureties, but the new Rule recognizes that a party may wish to provide security by some method other than a bond and allows direct proceedings against any "security provider." The amended rule additionally provides for service on security providers by means other than the U.S. Mail. Let's explore the potential effect of Rule 65.1 amendment on entities involved in federal court litigation.

When Does Lawful Pursuit Turn into Reckless Disregard?

On occasion, police are faced with pursuing a fleeing vehicle. When the pursuit results in an injury or, worse yet, a death, you can bet that the officer, the law enforcement agency, and the local government could be sued for reckless disregard for the safety of others. In Endicott v. City of Oak Hill, No. 17-0765 (W. Va. Nov. 2, 2018), the appellate court reviewed the analysis required to establish reckless disregard and found no question of fact: that the facts presented did not demonstrate reckless disregard.

Estate Taxes in WV: Filing a Final Estate Tax Return and Other Responsibilities

The period following the death of a family member or loved one is an emotional, stressful time. In West Virginia (WV)--and other states--the executor of the deceased's estate shoulders the additional burden of fiscal responsibilities, such as filing a final estate income tax return and sometimes estate tax returns. For anyone facing these responsibilities, it is important to learn about estate taxes in WV, the probate process, and the general responsibilities of the executor.
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