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March 1-15, 2007

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March 1-15, 2007

March 1-15, 2007

Court Reverses Order To Create $65.5 Million Constructive Trust
Attorneys and bank trustee had been found in breach of fiduciary duty in charitable estate planning 

Indemnification Clause Does Not Protect Service Provider from Liability
Court says indemnification protects against third party claims, but not against provider’s negligence unless clear 

Which Audubon Society Is the Right Audubon Society?
Court forced to determine beneficiary of will when competing groups fight for money

Ready Reference Page No. 99
Can’t Get No Satisfaction?

Revised Uniform Commercial Code clarifies some of the rules

Issues Notes

  • Discuss the issues and Ask the Editor, April 26

To the Point

Our Chamber officers are not following the bylaws. The bylaws state that a nominating committee should be appointed and a slate of names be submitted for voting by the membership. This was not done last year. The president called individuals she and the VP felt would be good on the Board. No directors or members voted. Recently, other bylaws have been disregarded. What is your advice?

Lessons from Litigation

  • Fired employee convicted for hacking computers
  • Court refuses to cy pres bequest again
  • Prosecutor reprimanded for plea bargain contributions

Tax Matters

  • Deductions denied without substantiation

Employment Law

  • Michael Jordan: employee or contractor?
  • Title VII does not cover claims on sexual orientation
  • Whistleblower reinstated and awarded attorneys’ fees
  • Fired founder may collect unemployment comp

Say That Again

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