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Latest News

Elizabeth Lally Appointed to Inaugural NABT Foundation Board

Spencer Fane attorney Elizabeth Lally was recently appointed to the inaugural board of the National Association of Bankruptcy Trustees (NABT) Foundation.

John Browning Earns Texas Bar’s Luke Soules Award

Spencer Fane attorney John Browning was recently recognized with the Luther (Luke) H. Soules III Award for Outstanding Service to the Practice of Law by the Litigation Section of the State Bar of Texas.

Mary Bacon Named as Vegas Inc’s 40 Under 40 Honoree

Spencer Fane attorney Mary Bacon was recently honored with the 40 Under 40 award by Vegas Inc. This award “highlights the emerging business and community leaders who have risen to the challenge of these changing times and are paving the way for what’s next.”

Joshua Dickinson and Kyle Klucas Provide Insight into ‘Consumer Debt’ and ‘Misrepresentation’ in Identity Theft Cases

Spencer Fane attorneys Joshua C. Dickinson and Kyle Klucas co-authored an article for ACA International on identity theft related to Fair Debt Collection Practices Act (FDCPA) cases.

Spencer Fane Continues Growth of Labor and Employment Group with Addition of Talented Associate

Spencer Fane LLP is pleased to announce James Korte has joined the Labor and Employment practice group in the firm’s Denver office.

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Latest Publications

Back to the Past: NEPA Rule Changes Restore Provisions

On April 20, 2022, in the first leg of a two-phase process, the Council on Environmental Quality (CEQ) issued its final rule amending its regulations for implementing the National Environmental Policy Act (NEPA).  To be effective May 20, 2022, the amendments restore provisions that were in effect for forty-two years before being modified in 2020 by the Trump administration. These “Phase 1” changes focus on the (a) purpose and need of a proposed action, (b) an agency’s NEPA procedures for implementing the rules, and (c) the definition of “impacts’ and “effects.”

Using a Nevada Incomplete Grantor Trust as Part of a Business Exit Strategy

This article provides an overview of the tax-saving benefits pre-sale planning has for business owners in the context of using a Nevada Incomplete Non-Grantor Trust (NING) as part of a business sale. A NING is an irrevocable trust designed to reduce or eliminate potential state income taxes and capital gains taxes upon the sale of a business. Additionally, these trusts offer excellent asset protection for sellers. Generally, NINGs are used by business owners living in high-income-tax states who seek to minimize or eliminate their state income taxes. The NING exists as a form of tax arbitrage to save business owners the cost of state income and federal gift taxes but still permits future asset control by the settlor.

OSHA to Publicize Employers’ Injury and Illness Data Under Proposal, Announces Separate Enforcement Focus

With a stated goal of increasing transparency and preventing workplace injuries and illness, employers across a wide spectrum of industries need to be aware of two separate recordkeeping and reporting efforts by OSHA.  On April 5, 2022, the agency outlined a new enforcement initiative for employers failing to submit 300A annual electronic submissions as required under 29 CFR 1904.41.  OSHA’s new enforcement priority comes on the heels of the agency’s March 28, 2022, proposed rule that would significantly alter the manner and methodology of workplace injury and illness reporting.

Family Trust Companies

Nevada law provides an efficient way for successful families to manage their business and family affairs for multiple generations by using a Nevada Family Trust Company (NFTC or FTC). Nevada Revised Statutes Chapter 669 (NRS 669) allows families to create an NFTC to serve as a private fiduciary as part of the family office. The NFTC is a unique organization utilized to manage and hold family assets through corporate entities and associated trusts. The private trust company offers significant estate planning and asset protection advantages for a family office. An FTC provides increased privacy, flexibility, and control compared to traditional commercial trustee services. A private trust company also fosters intangible benefits like promoting family leadership, cultural and business succession, and family cohesion when dealing with family business interests.

This article outlines the necessary requirements to establish an NFTC and examines the core features and benefits an FTC offers clients.

SEC to Require Disclosure of Climate-Related Risks and Greenhouse Gas Emissions, Citing Investor ESG Demand

Publicly traded companies will be required to disclose climate-related risks to investors under a newly announced U.S. Securities and Exchange Commission (SEC) proposed rule.  On March 21, 2022, the SEC announced proposed rule amendments regarding disclosure of climate-related risks and impacts from greenhouse gas emissions (GHG).  Citing the growing demand from investors regarding environmental, social, and governance (ESG) issues, and what the SEC calls “fragmented and inconsistent” disclosure requirements, the SEC’s proposed rule amendments will be issued in the Federal Register in the coming weeks for public comment.

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Latest Events

WorkSmarts Half-Day Seminar: Compliance Strategies to Foster Growth in the Workplace

Spencer Fane attorneys Paz Haynes, Helen Holden, Julia Vander Weele, Sue Willman, and Randi Winter will present at an upcoming virtual seminar covering a variety of labor and employment-related topics.

The World of Coal Ash 2022

Spencer Fane attorney Karen D. Olson will present on May 18, 2022, at the World of Coal Ash (WOCA) event hosted by the American Coal Ash Association and the University of Kentucky Center for Applied Energy Research. She will also moderate several sessions on groundwater and environmental issues.

The Fundamentals of Estate Planning and Probate

Spencer Fane attorney Mindy Ward will provide an overview of the estate planning process during the Professional Advisor Seminar Series.

Greg Ash to Present at AICPA Employee Benefit Plans National Conference

Spencer Fane partner Greg Ash will present at the Annual Employee Benefit Plans National Conference hosted by the Association of International Certified Professional Accountants (AICPA).

Salary Schedules and the Equal Pay Act

Spencer Fane attorneys Joe Hatley and Sam Jackson will present an upcoming webinar covering salary schedules and employees’ pay in school districts.

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