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Government Contracts: Alert - November 12, 2009

On November 30, 2009, the Supreme Court will hear oral argument in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, a qui tam action brought under the False Claims Act (FCA) and appealed from a Fourth Circuit decision. The Court will use the case to resolve a split among the circuits over the scope of the FCA's "public disclosure" bar. A decision affirming the Fourth Circuit could increase qui tam litigation against any organization that does business with, or receives federal money through, federal, state and local governmental entities – and would further expand the reach of the FCA to any state or local program involving the use of federal funds.

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Private Wealth Services: Newsletter - November 2009

There has been considerable debate on Capitol Hill this year over the taxation of a Carried Interest in the context of a Private Equity Fund (PEF). At the same time, there has been public discussion of the role that the private equity industry will have in our economic recovery. In the realm of estate planning, PEF Principals possess unique opportunities to shift the performance of their interest in a PEF to future generations – potentially resulting in very significant estate tax savings. This article will review the basic PEF structure, describe the nature of a Principal’s interest in a PEF and indentify wealth transfer techniques that should be considered by a Principal.

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Private Wealth Services
Newsletter - Summer 2008
 
In this Issue...
 
More About Our Private Wealth Services Group
 
May 22, 2008
 

Bruce S. Ross

Ross joins the firm as a partner. He is a nationally recognized trial lawyer with more than 30 years experience litigating trust, estate and conservatorship cases. He has appeared pro hac vice in several states to handle such litigation and has consulted on international succession cases in a number of countries, including Switzerland, Israel and Australia. He is a Certified Specialist in Estate Planning, Trust & Probate Law (California Board of Legal Specialization).

Ross is a Past President (2006-2007) of the American College of Trust and Estate Counsel (ACTEC); an

Academician in the International Academy of Estate and Trust Law; and the author of the definitive two-volume California Practice Guide: Probate (published in 1986 and supplemented annually), published by The Rutter Group, a division of Thomson West Publishing. For the last two years, he has been listed in Worth Magazine as one of the country’s Top 100 Private Wealth Lawyers.

Ross is ranked by Chambers & Partners in the top tier in wealth management in the western region. He has been in Best Lawyers in America for more than 10 years.

bruce.ross@hklaw.com



Sean Higgins

Higgins joins the firm as a partner. His practice focuses on complex trust, estate and conservatorship litigation; trust and estate administration; and estate planning. He has been named a 2007 “Rising Star” by Southern California Super Lawyers Magazine; teaches Wills and Trusts as an adjunct professor at Chapman Law School in Orange County, California; and has passed the Legal Specialization Examination for Estate Planning, Probate and Trust Law, the principal step toward Legal Specialist certification by the California Board of Legal Specialization.

sean.higgins@hklaw.com



Linda Rottman

Rottman joins the firm as senior counsel. She practices in the area of trust and estate litigation and is experienced in other complex litigation matters. She is listed in the Daily Journal’s “2007 Top 100 Women Litigators in California” and “2007 Top 10 Verdicts (5th largest) in California.”

linda.rottman@hklaw.com



Vivian Lee Thoreen

Thoreen joins the firm as an associate. She focuses her practice on complex trust, estate and conservatorship litigation and has substantial experience in guardianship matters. Thoreen has been named a 2007 “Rising Star” by Southern California Super Lawyers Magazine and is a member of the Board of Governors of the Southern California Korean American Bar Association. She is conversant in Korean.

vivian.thoreen@hklaw.com


Jonathan Park

Park joins the firm as an associate. He works on all aspects of trust and estate litigation, including pre-litigation fact review, preparation of pleadings, document discovery, motion preparation and trial support. Park is a member of the Korean American Bar Association of Los Angeles. He is conversant in Korean.

jonathan.park@hklaw.com



Tony Yu

Yu joins the firm as an associate. He practices in the area of estate planning and litigation. Yu is a member of the Boards of Directors of both the Taiwanese Chamber of Commerce of Orange County and the Taiwanese American Lawyers Association. He is fluent in Mandarin and Taiwanese.

tony.yu@hklaw.com




All will be based in the Los Angeles office but will also work out of the San Francisco office and such other
Holland & Knight offices across the country as client needs demand.

Holland & Knight LLP

633 West Fifth Street, 21st Floor
Los Angeles, CA 90071
213.896.2400
213.896.2450 Fax

50 California Street, Suite 2800
San Francisco, CA 94111
415.743.6900
415.743.6910 Fax

About Holland & Knight’s Private Wealth Services Practice

Recognized by our peers as best Private Wealth practice in the country,* ours is also the largest group of private wealth lawyers of any firm. Our skill and commitment have earned us the position of trusted advisors, helping our clients stay ahead of changes in tax laws, market conditions and family business situations. While the specifics may differ, change impacts individuals, families, family businesses, nonprofit organizations and fiduciaries.

One benefit of our approach is the national perspective we bring, which is critical for effective asset protection and management. Another benefit is the collective experience of the largest group of trusts and estates lawyers in the United States. Our group has more Fellows in the American College of Trust & Estate Counsel (ACTEC) than any other law firm in the country, and a number of our lawyers have been recognized as among the best in their fields in national and industry publications.

Holland & Knight’s Private Wealth Dispute Resolution group that Bruce Ross co-chairs with Charles Gibbs of New York represents corporate and individual trustees, executors, administrators, guardians, and conservators and beneficiaries, and has resolved a wide range of trust and estate disputes, including litigation over alleged breaches of fiduciary duty, self dealing and conflicts of interest, petitions for instructions, for reformation, and for removal of fiduciaries, as well as will and trust contests. We counsel clients and, when appropriate, litigate all cases raising estate, trust and conservator issues.

*Best Lawyers in America 2007 and Chambers & Partners 2007

Articles

From Test Tube to Testate: Redefining Children and Issues in Today’s Estate Planning Documents by Ellen Schiffer Berkowitz

As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations, visitation rights, and often the basic parental rights of heterosexual and same-sex couples. This article addresses the ever-changing definition of children and issues in the context of estate planning and inheritance.

Click Here to view the article.

Upcoming Programs

Skills Training for Estate Planners CLE Progam – Drafting Marital Formulas and Trusts

Date: July 23, 2008

Location: New York Law School, 57 Worth Street, New York, NY 10013-2960

Holland & Knight Speaker: Joshua Husbands

Sponsored by the American Bar Association Section of Real Property, Trust and Estate Law, the 2008 Skills Training for Estate Planners CLE Program will be held July 21-25, 2008, at New York Law School in New York City. Joshua Husbands of Holland & Knight’s Portland, Oregon, office will serve on the program faculty. Mr. Husbands’ presentation, Drafting Marital Formulas and Trusts, will be given on July 23.

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