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Monthly Archives: August 31, 2015

NLRB Loosens Test for Joint Employer Status

In a much anticipated decision issued on August 27, 2015, the National Labor Relations Board ("NLRB" or "the Board") set forth its new and much more inclusive test for determining joint employer status (BFI Newby Island Recyclery, 362 NLRB No. 186). As a result, many employers may find them...

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Successor Liability in the Purchase of a Business: Fraudulent Transfer of Assets (Part 5 of 8)

When purchasing a business, buyers often prefer that the transaction be structured as an asset purchase rather than a stock purchase. In a stock purchase, the buyer purchases the target company as an entity, and therefore assumes the seller’s liabilities, since the company being acquired retains all...

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Asset Purchaser Could Owe Pension Plan $662K in Withdrawal Liability

On Monday, July 27, 2015, in the case of Tsareff v. ManWeb Services, Inc., the Seventh Circuit Court of Appeals (which includes Indiana and Illinois) ruled that an engineering and construction company that entered into an agreement to purchase the assets of another contractor (that was a pa...

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NLRB Declines Jurisdiction Over Northwestern Football Players’ Petition

In a surprise decision, the National Labor Relations Board ("NLRB" or "Board") has declined to assert jurisdiction over the representation petition filed by the Northwestern University football players. This means that the petition will be dismissed without the Board making a decision on whether or ...

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8 KDDK Attorneys Listed in The Best Lawyers in America 2016

Kahn, Dees, Donovan & Kahn, LLP (KDDK) is pleased to announce that eight KDDK partners have been included in The Best Lawyers in America© 2016. First published in 1983, The Best Lawyers in America has become regarded as the definitive guide...

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Act Now: IRS Expected to Issue Regulations that will Adversely Affect Wealth Transfer

The IRS is expected to issue regulations this fall that will substantially limit the use of family limited partnerships and family limited liability companies.  These entities are often used as a method to gift assets to children and other family members at discounted values, often as much as 40%. ...

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Indiana Supreme Court Finds for Adverse Possessor Who Did Not Actually Pay Taxes on Parcel

In Celebration Worship Center, Inc. v. Patrick Tucker, et. al., the Indiana Supreme Court recently interpreted the actions of a property possessor as satisfying the statutory element of paying taxes and special assessments on real property in order to uphold an adverse possession claim, wit...

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KDDK Affected by Current AT&T Outage

KDDK’s landline phone service has been impacted by the major outage affecting AT&T customers from coast to coast.  Many KDDK attorneys have AT&T mobile phone service and are therefore also unavailable via cell phone.  Fortunately, our email system has not been affected and remains fully oper...

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“Waters of the United States” Expanded Definition and its Impact on Developers and Property Owners

The expanded definition of the “Waters of the United States” (“WOTUS”) as published in the Federal Register June 29, 2015, will become effective on August 28, 2015. Per EPA, this new rule is in response to the Supreme Court opinions regarding Clean Water Act jurisdiction, and is intended to provide ...

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