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.
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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.
Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future, as resurgences may occur at any time in different parts of the country. In preparation for future infections, there are proactive steps businesses can take.
There are policy changes and new procedures that companies—including family offices—should consider when reopening amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country. But companies cannot change policies in a vacuum. Instead, they must clearly and effectively communicate these changes to employees, customers, and the public. There are a few ways to make effective communication happen and ensure higher rates of compliance around new procedures.
In the face of a Global Pandemic and the economic and social volatility of 2020, principles of resilience and recovery were in the forefront of our thinking about wealth management and generational succession. Throughout history, these principles have been at the core of wealth creation and wealth transfer. Capacity to identify change, respond to challenges, take action and learn from experience have been essential to sustain wealth across generations.
Planning for future generations is the greatest gift family businesses can give, particularly during times of uncertainty. Transferring assets while they have a low value is a technique that is used to lock-in or freeze those low values in anticipation the asset will one day significantly increase in value. There are estate tax planning techniques that can be implemented which transfer the greatest amount of value from an estate while using the least amount of exemption.
Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic. As cases have surged in new parts of the country, businesses have been forced to reassess their operational plans in both the near- and long-term. Owners and executives are paying close attention both to customer and employee safety. And businesses must be mindful of potential legal ramifications of their decisions.
After pursuing a career in the skies - at 19, he was the youngest licensed jet transport pilot - and as a tech investor, Stockton Rush turned his curiosity and passion for exploration into OceanGate, a company that builds deep ocean submersibles and offers researchers and citizens alike a chance to take an expedition of a lifetime. We heard his pioneering story about innovation, design, and a desire to push boundaries in exploration of some of the world's deepest ocean sites.
As a clearer picture of each U.S. presidential candidate’s platforms emerges, many have yet to consider how a potential change in leadership may impact their current estate tax and income tax. This guides provides a thorough outline and comparison of both Biden’s and Trump’s tax platforms and includes possible impacts to high-income earners, high net worth individuals, and families. To help mitigate the tax impacts, several key strategies are brought into focus.
COVID-19 has pushed many healthy businesses into a distressed position where they find themselves needing to raise financing, restructure debt, or sell the business to survive. For private equity funds with dry powder—available cash—on hand, a strategic investment in those businesses are under consideration. However, an acquisition of a distressed business is often more challenging than a traditional Mergers and Acquisitions transaction from both a deal and tax perspective.