Articles

Contract Exculpatory Provisions In The Time Of Covid

| October 09, 2020 | Articles

Force Majeure, impossibility, impracticality, frustration of purpose, and other contract hot button issues, as presented by Brad Hamilton for the CBA Business Law Institute. By Brad Hamilton 1. FORCE MAJEURE force majeure (fors ma-zhər) [Law French “a superior force”] (1883) An event or effect that can be neither anticipated nor controlled; esp., an unexpected event… Read more »

The Optimized CLAT: A Compelling Income Tax Deduction Vehicle Hiding In Plain Sight

| September 02, 2020 | Articles

In a year in which charities fear donations will be down, charitable lead annuity trusts (CLATs) encourage gifting to charities and provide generous wealth transfer benefits. By leveraging the current all-time low 7520 rate and using an Optimized CLAT, charitably inclined clients have a unique opportunity to eliminate annual income taxes, provide for charity, and transfer enormous wealth, free of gift and estate taxes.

INSIGHT: It’s Time to Address the Gender Divide in Law

| August 25, 2020 | Articles

The unconscionable actions and rantings that led up to the murder of the son of a New Jersey federal judge show the sad underbelly of gender discrimination in law. U.S. District Judge Alia Moses and Nicole Westbrook, a litigator with Jones & Keller, say the current construct of the legal profession feeds anti-feminist thinking, but it can change. Learn how we can constructively move toward an expedited and effective judicial process based on the facts of a case, not the gender of the attorneys trying or presiding over the case.

INSIGHT: Fighting the Equalizing Effects of Remote Arbitration

| June 09, 2020 | Articles

Remote arbitration during Covid-19 can put litigators at a disadvantage, if not done well. In Bloomberg Law Insights, Nicole Westbrook, a trial instructor and attorney at Jones & Keller, says some sort of remote arbitration will most likely last after the pandemic and offers tips on how litigators can fight its equalizing effects to achieve client goals.