Thursday, December 29, 2016

Thursday, December 22, 2016

Jennings, Strouss & Salmon Expands Business Restructuring and Reorganization Practice with the Addition of Fay Waldo Bidlack



PHOENIX, Ariz. (December 22, 2016) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that Fay W. Bidlack has joined the firm as an associate in the firm’s Business Restructuring and Reorganization department, where she will continue to focus her practice on restructuring, bankruptcy, creditor rights, loan enforcement, business transactions, and business disputes and litigation.
Prior to joining Jennings Strouss, Bidlack practiced for six years with a Scottsdale law firm, and served as in-house counsel with marketing company.
“We are pleased to welcome Fay to the firm,” stated John C. Norling, Managing Attorney of Jennings, Strouss & Salmon. “Her legal knowledge and experience, along with her professional involvement in industry organizations, are of great value to the firm and its clients.”
In addition to her legal experience, Bidlack has been recognized as an influential woman in the industry. She has been selected as a “Rising Star” by Southwest Super Lawyers for the past three years. Additionally, in 2013, Bidlack was listed as one of Arizona Business Magazine’s “Five Most Influential Women under 35 in Business,” and she was chosen as a “Turnaround of the Year Finalist” by the Turnaround Management Association (TMA), in 2012.
With respect to being Jennings, Strouss & Salmon’s newest attorney, Bidlack stated, “I’m honored to join a firm with such a great reputation, and excited about the enhancement and expansion of my practice that will result from collaborating with attorneys in many of the firm’s other areas of practice.”
Bidlack is currently serving as President of the Arizona Chapter of the TMA. She is the youngest person in the global organization’s history to be elected to the position. She is also a director and chair of TMA’s Programming Committee, and is a member of the Scottsdale Bar Association.
Bidlack earned a J.D. cum laude from Arizona State University’s Sandra Day O’Connor College of Law, and a B.A., with a focus in Spanish and Philosophy from Edgewood College, where she received the distinction of summa cum laude. Bidlack completed her last semester of college at the Universidad Publica de Navarra in Pamplona, Spain.

About Jennings, Strouss & Salmon, P.L.C.
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for over 70 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; automobile dealership law, bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~
Contact:  Dawn O. Anderson | danderson@jsslaw.com| 602.495.2806

Friday, December 9, 2016

Proposed Overtime Rule Will Not Go Into Effect December 1, 2016


By: Jennings, Strouss & Salmon, P.L.C. Labor & Employment Law Attorneys

A Federal Judge in Texas has issued a nationwide injunction blocking the Department of Labor's new overtime rule that would have affected more than 90,000 Arizona workers. The rule was set to go into effect across the country on December 1, 2016.

The Department of Labor sought to update the overtime rules to "keep up with our modern economy" by raising the salary threshold (below which all workers must receive overtime pay) from $455 a week to $921 a week or $47,892 a year. The rule was challenged in two lawsuits - one by the U.S. Chamber of Commerce and the other by more than twenty states - in an attempt to delay the effective date or completely stop the new overtime rule altogether.

In a 20-page decision, U.S. District Court Judge Amos L. Mazzant ruled that the plaintiffs stood a significant chance of ultimately prevailing in the case and that they would suffer serious financial harm if the rule was put into effect as scheduled. The court held that the Obama administration overstepped its authority by, among other reasons, raising the salary threshold as high as it did.

The rule was expected to affect more than 4 million workers across the country.

Arizona employers with questions about the current overtime laws should speak with a qualified employment law attorney.

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Employers have many options for hiring labor and employment legal representation; however, unlike Jennings, Strouss & Salmon, few encompass the reputation, history, experience, and full-service functionality under one roof.

Minimum wage and overtime issues under the Fair Labor Standards Act create unique challenges for employers. We offer creative solutions and swift litigation support. From internal compliance audits to Department of Labor investigations, we guide clients through the maze of regulations to ensure they comply with the ever changing laws, and defend clients facing wage and hour litigation in both individual and collective claims.

Our labor and employment attorneys are also experienced at handling the wide-range of employment issues that challenge businesses, big and small. They regularly assist clients in hearings before numerous administrative agencies, such as the EEOC, OSHA, NLRB, OFCCP, U.S. Department of Labor, Arizona Civil Rights Division, and the Arizona Department of Economic Security. In addition, our labor and employment attorneys are skilled litigators, defending clients in all types of lawsuits brought before state and federal courts (both trial and appellate). They also assist our clients in resolving disputes through negotiation, mediation, arbitration, early neutral case assessment and other alternative dispute resolution techniques.

For assistance with any of your labor and employment needs, please contact one of our experienced labor and employment attorneys:

John J. Egbert - johnegbert@jsslaw.com - 602-262-5994
Chris M. Msaon - cmason@jsslaw.com - 602-262-5817
Lindsay G. Leavitt - lleavitt@jsslaw.com - 602-262-5825
Otto S. Shill - oshill@jsslaw.com - 602-262-5956
John "Jack" Sestak, Jr. - jsestak@jsslaw.com - 602-262-5827
A Federal Judge in Texas has issued a nationwide injunction blocking the Department of Labor's new overtime rule that would have affected more than 90,000 Arizona workers. The rule was set to go into effect across the country on December 1, 2016.

The Department of Labor sought to update the overtime rules to "keep up with our modern economy" by raising the salary threshold (below which all workers must receive overtime pay) from $455 a week to $921 a week or $47,892 a year. The rule was challenged in two lawsuits - one by the U.S. Chamber of Commerce and the other by more than twenty states - in an attempt to delay the effective date or completely stop the new overtime rule altogether.

In a 20-page decision, U.S. District Court Judge Amos L. Mazzant ruled that the plaintiffs stood a significant chance of ultimately prevailing in the case and that they would suffer serious financial harm if the rule was put into effect as scheduled. The court held that the Obama administration overstepped its authority by, among other reasons, raising the salary threshold as high as it did.

The rule was expected to affect more than 4 million workers across the country.

Arizona employers with questions about the current overtime laws should speak with a qualified employment law attorney. - See more at: http://www.jsslaw.com/news_detail.aspx?id=521#sthash.h8QoM33T.dpuf
A Federal Judge in Texas has issued a nationwide injunction blocking the Department of Labor's new overtime rule that would have affected more than 90,000 Arizona workers. The rule was set to go into effect across the country on December 1, 2016.

The Department of Labor sought to update the overtime rules to "keep up with our modern economy" by raising the salary threshold (below which all workers must receive overtime pay) from $455 a week to $921 a week or $47,892 a year. The rule was challenged in two lawsuits - one by the U.S. Chamber of Commerce and the other by more than twenty states - in an attempt to delay the effective date or completely stop the new overtime rule altogether.

In a 20-page decision, U.S. District Court Judge Amos L. Mazzant ruled that the plaintiffs stood a significant chance of ultimately prevailing in the case and that they would suffer serious financial harm if the rule was put into effect as scheduled. The court held that the Obama administration overstepped its authority by, among other reasons, raising the salary threshold as high as it did.

The rule was expected to affect more than 4 million workers across the country.

Arizona employers with questions about the current overtime laws should speak with a qualified employment law attorney. - See more at: http://www.jsslaw.com/news_detail.aspx?id=521#sthash.h8QoM33T.dpuf
A Federal Judge in Texas has issued a nationwide injunction blocking the Department of Labor's new overtime rule that would have affected more than 90,000 Arizona workers. The rule was set to go into effect across the country on December 1, 2016.

The Department of Labor sought to update the overtime rules to "keep up with our modern economy" by raising the salary threshold (below which all workers must receive overtime pay) from $455 a week to $921 a week or $47,892 a year. The rule was challenged in two lawsuits - one by the U.S. Chamber of Commerce and the other by more than twenty states - in an attempt to delay the effective date or completely stop the new overtime rule altogether.

In a 20-page decision, U.S. District Court Judge Amos L. Mazzant ruled that the plaintiffs stood a significant chance of ultimately prevailing in the case and that they would suffer serious financial harm if the rule was put into effect as scheduled. The court held that the Obama administration overstepped its authority by, among other reasons, raising the salary threshold as high as it did.

The rule was expected to affect more than 4 million workers across the country.

Arizona employers with questions about the current overtime laws should speak with a qualified employment law attorney. - See more at: http://www.jsslaw.com/news_detail.aspx?id=521#sthash.h8QoM33T.dpuf

Wednesday, December 7, 2016

Patrick F. Welch Featured in La Reforma


While attending the Arizona Mexico Commission / Comision Sonora Arizona Summit in Hermosillo, Sonora, JSS attorney, Patrick Welch, was interviewed in Spanish by Mexico City's major newspaper La Reforma as part of an article highlighting the Summit and the importance of Arizona-Mexico trade and investment.

See the piece here.
While attending the Arizona Mexico Commission / Comisión Sonora Arizona Summit in Hermosillo, Sonora, JSS attorney - See more at: http://www.jsslaw.com/news_detail.aspx?id=520#sthash.nOnSTdI6.dpuf
While attending the Arizona Mexico Commission / Comisión Sonora Arizona Summit in Hermosillo, Sonora, JSS attorney - See more at: http://www.jsslaw.com/news_detail.aspx?id=520#sthash.nOnSTdI6.dpuf
While attending the Arizona Mexico Commission / Comisión Sonora Arizona Summit in Hermosillo, Sonora, JSS attorney - See more at: http://www.jsslaw.com/news_detail.aspx?id=520#sthash.nOnSTdI6.dpuf

Thursday, December 1, 2016

Notes on Post-Election Transfer Tax Planning


By: Jennings, Strouss & Salmon, P.L.C.
Prior to the election, we were advising our estate planning clients regarding the bleak prospects of reduced valuation discounts under the IRC §2704 proposed regulations and the potential rollback of the Unified Credit under what many had assumed would be a Democratic administration. My how times have changed. Now we are re-evaluating our various preelection strategies to determine which might still be viable if the Trump administration makes good on its campaign promise of repealing estate taxes. It should be noted that both the Trump tax proposal and the House Republicans “Better Way” plan advocate repeal of the “death” tax. But the provisions governing the repeal seem to differ somewhat. The Trump version would repeal estate taxes, but does not mention GST or gift taxes, whereas the House plan would repeal estate taxes and GST, but does not mention gift taxes.

The Trump tax plan would also impose a capital gains tax on appreciated assets (excluding small businesses and family farms) that are held until death, and are valued at over $10 Million (although it is unclear whether that capital gains tax would be imposed at death or upon subsequent disposition of those assets by the heirs of the estate in the form of a carry-over basis as to those assets). The House plan retains the current basis step-up at death concepts. How these substantial differences are reconciled in the final bill can only be guesswork.

Meanwhile, the 2704 proposed regulations have received much comment and criticism from the business and tax professional community, and, according to most commentators, will likely not get finalized in their proposed form or, perhaps, in any form, in the near future.

Even if Congress and President Trump can reach agreement on the transfer tax repeal or reform, there is no assurance that the Senate can get sufficient votes for cloture under its rules, or that the bill can get through the Senate under the budget resolution or reconciliation legislation exception with less than the required sixty votes. Enactment may take some time and the effective date of the final provisions may be phased in, thus mitigating any benefits of that repeal or reform for transfers that occur prior to full effectiveness of the repeal or reform.

Finally, even if full repeal of the federal transfer taxes is effectuated, those or similar tax regimes may be revived sometime in the future. Any plans implemented before the repeal may, or may not, result in tax savings under any such revived tax regime.

Some of the pre-election planning for clients included proposed inter-family gifts or other transfers. Some clients were motivated to make gifts before the Section 2704(b) regulations could materially alter available discounts. Others had important goals beyond tax savings. Making decisions in a changing environment is always challenging, and each family must consider its own goals in making them. Here are some factors that we suggest you should consider:

1. The perceived value of any and all non-tax benefits arising under the plan, including, perhaps, asset protection, business succession, or asset management issues;
2. The additional costs to be incurred in the implementation of the plan;
3. The annual maintenance and compliance costs and inconveniences relating to the plan;
4. The expected term or duration of the plan;
5. The amount of anticipated disruption or distortion in family relationships associated with the plan; and
6. The impact of any state inheritance or estate taxes to which the client might be exposed.

The decision of whether to proceed with, modify or abandon pre-election planning is not simple and certainly requires individual analysis on a client by client basis. We intend to continue to monitor and analyze these developments, and, particularly, the impact upon estate planning projects that are currently underway. For our clients who do not already have some sort of planning in process, we suggest that you review your current estate plan and consider whether it still reflects your wishes and meets your current needs. If you would like our assistance with that review, please contact us.

Disclaimer: This communication is for informational purposes only, and is not intended to substitute for the reader obtaining and acting upon tax advice that is specific to the circumstances of the taxpayer as obtained from the taxpayer’s own professional.
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The Tax, Estate Planning and Probate attorneys at Jennings, Strouss & Salmon, P.L.C. have decades of experience in successfully advising businesses, business owners and high wealth individuals in structuring transactions to achieve optimum business and tax results, and in defending them in audits and court proceedings before federal and state taxing agencies.

Rich Smith - rsmith@jsslaw.com - 602.262.5972
Bill Clarke - wclarke@jsslaw.com - 602.262.5886
John Christian - jchristian@jsslaw.com - 602.262.5805
Jack Rudel - jrudel@jsslaw.com - 602.262.5951
Otto Shill - oshill@jsslaw.com - 602.262.5956
Paul Valentine - pvalentine@jsslaw.com - 602.262.5940