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Even the most well-run, retirement plans can be the target of an excessive fee claim, which can cost millions of dollars to defend and/or settle. Being prepared and taking the necessary steps—including obtaining fiduciary liability insurance—can help reduce the claims, mitigate the exposure, and protect against potentially devastating loss of personal assets.

Minority owners of a business face unique challenges. With limited or no control over the management and governance of a business, minority owners can be unfairly left in the cold or squeezed out. However, deliberate preparation and negotiation at the initial stages of the business can set up minority owners with the necessary tools and formation agreement to eliminate or reduce many of these difficulties and even avoid future conflict.

Unlike businesses with a single controlling owner or several owners, a 50/50 business by its very nature is ripe for disagreement between its owners. Owners of a 50/50 business will need to proactively consider how to handle disagreements when setting up their business venture and drafting their operating agreement, shareholders agreement, or partnership agreement. In a 50/50 arrangement, there are ways owners can negotiate and draft the company’s governing documents to anticipate four common areas of disagreement.

Work is evolving in response to the COVID-19 pandemic. As a result, organizations need to recalibrate their compensation approach to ensure program goals and objectives align with this new reality. Learn what key considerations organizations should take as they review and update their compensation philosophy, programs, and practices. A checklist is also provided to help prepare for a compliant and stress-free enrollment season.

Year-end tax planning is always challenging, but the coronavirus pandemic has added a whole new layer of complexity to the equation for individuals, families, and businesses across the nation. The potential tax ramifications are significant. There are a number of tax developments to consider for the current tax year.

Year-end planning presents abundant opportunity to consider and optimize tax strategies. For the executives who have faced tremendous demand to lead companies through dynamic shifts during a year of historic change and disruption, it is important to be particularly mindful of tax implications that may arise from equity-linked compensation. As the year draws to a close, three top-of-mind questions are answered.

Business divorces are often messy. The reasons vary—personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. When majority owners seek advice of the company’s attorney to formulate a plan to force out a minority owner, the company expects this advice to be covered by the attorney-client privilege. But in Illinois, minority members of LLCs may be able to obtain copies of communications between the LLC’s managers and its attorneys.

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. But when there is a disagreement or dispute, it can create a situation where someone is looking for ways to force out owners of non-controlling shares and seek the advice of the company’s attorney to formulate a plan. For an Illinois LLC and their majority members, there are steps that can protect otherwise privileged communications from disclosure to minority members in advance of and during litigation.

Solving disputes among business partners and owners in a privately held business can quickly become complicated matters that end up calling for access to an LLC or corporation’s privileged communications. Only in rare circumstances can there be access to those privileged communications. Most courts apply a fact-intensive test that is difficult to satisfy. A closer look at the rule explains how it applies to Illinois corporations and business entities organized in other jurisdictions.