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Although public companies are most often the targets of shareholder claims and class-action suits, not-for-profit and private entities are not immune from litigation. As a director, you could be named personally in claims of fraud or financial mismanagement from which the entity’s indemnification provisions and business structure cannot always prot...

For many individuals and families of wealth, there comes a time when they decide to engage in philanthropy in a larger, perhaps more strategic manner. This often occurs as their relationship with wealth matures, and they realize they have an opportunity (or perhaps feel an obligation) to go beyond writing checks to worthy organizations and move tow...

The rules of the game in estate planning have changed. No longer can planners be so focused on the estate tax liability. They now must be equally focused on income taxes. In the past, taxpayers were willing to give up a step-up in basis at death in order to reduce or eliminate estate taxes. That is often no longer a good trade. With a smaller diffe...

Now that school is back in session, it’s important for students to take stock of what they know as they embrace a new year of learning. It’s also a good time for investors to assess the events of the summer and make sure they are well-positioned for the future. In Jeff Mortimer’s latest Investment Update he reviews the events of t...

Families pursue impact investing for a variety of reasons, including as a way to engage younger family members in the broader philanthropic and investment activities of a family to foster continuity in the stewardship of assets across generations. Before incorporating impact investments into their portfolios, families should define the overall cont...

Performance results over the past ten years make a strong case for higher allocations to private investments. Investors concerned with earning a return on their portfolios that will support their spending needs should look closely at the results and investment policies of this group and consider crossing the “15% frontier” in their own ...

Cloud-based applications, also known as Software as a Service (SaaS), offer significant benefits. They are highly affordable, require minimal IT involvement, have no hardware requirements, and offer great flexibility. Yet there can be significant risks to a firm if it does not review vendors carefully. Unfortunately, security controls vary signific...

Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper ...

A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the ta...

As an employer, you may receive a notice from a health insurance Exchange that an employee has applied for coverage and is eligible for a premium assistance tax credit. These Exchange notices—and its relationship to the assessment of employer shared responsibility tax penalties under the Affordable Care Act (“ACA”)—have gene...

The United States presidential election season has certainly been emotionally charged and, in many ways, unlike any we’ve seen in recent history. For many, Hillary Clinton represents the continuation of Democratic policies currently in place under the Obama administration. Donald Trump, on the other hand, represents the potential for a shift ...

As has been the case for several years, the actions of central banks dominate the investment landscape. In the years following the financial crisis, extraordinary monetary policies from central banks around the world, including our own Federal Reserve (Fed), have had an outsized impact on most asset classes. And now, as we say farewell to another s...

The revolution of the “information age” has created tremendous advantages and helped accelerate innovation, but it has also brought with it new risks—namely cyber attacks. While the corporate attacks get most of the media attention, do not forget that individuals—especially the high net worth—need to be vigilant about cyber security. The good news ...

For decades, families seeking advice on how to invest their hard-earned capital were forced to endure “beauty contests” where potential advisors attempted to demonstrate their supposedly-unique skills and/or access to information. More often than not, it seemed families would choose an advisor only to inevitably experience disappointmen...

News reports show large-scale data breaches are on the rise and affecting large retailers and even consumer credit organizations. There are numerous categories of cyber crime, but the ones that affect the most victims include identity theft, credit card fraud, and social networking scams. However, there are actions you can take to better protect yo...