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Recent Blog Posts
5 Reasons to Avoid a DIY Trust
A trust is an excellent legal tool that can help safeguard your assets, your health, your family, your privacy, and more. It is an entity that can assume ownership of your property to protect it from creditors, taxes, publicity, and other threats.
Trusts involve three people:
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The grantor sets up the trust.
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The trustee manages the trust and its assets.
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The beneficiary receives the assets or benefits from the trust.
Trusts are best created by an experienced Connecticut estate planning attorney. In today’s do-it-yourself era, however, some estate planners attempt to create their own trusts through AI or software programs. This contains several pitfalls that can spoil the effectiveness of a trust. Here are five reasons to avoid setting up a trust on your own.
How Do Non-Economic Damages Work in Connecticut?
Most personal injury claims are to compensate the victim for money that he or she spent. A person who broke his leg from slipping and falling, for example, might demand compensation for lost wages if he has to take time off work. He might also claim compensation for medical expenses, including pain medication. These are referred to as economic damages because they are compensating the victim for financial losses.
Less common, however, are non-economic damages. These refer to non-financial losses incurred by the claimant. In this article, we will explore how non-economic damages work in Connecticut and how to contact an experienced Connecticut personal injury attorney.
What Are Non-Economic Damages?
Sometimes, a person who suffers an injury may experience emotional or psychological injuries that are harder to assess than broken limbs and flesh wounds. Therefore, it can be harder to claim compensation for such damages, which may include:
Understanding Noncompete Contracts After FTC Challenges
In 2024, the Federal Trade Commission (FTC) tried to ban most noncompete agreements in the U.S. These contracts stop employees from joining competitors or starting similar businesses for a certain time after the employee stops working for a company. The FTC believes that noncompete contracts hurt workers and limit competition.
This new rule aimed to cancel most existing noncompete contracts and block new ones, except in a few cases. This move stirred up legal battles, especially from businesses that see these contracts as vital to protecting their secrets and staying competitive. If your company uses noncompete contracts, you need a Connecticut business lawyer in your corner.
Are Noncompete Contracts Currently Valid?
The U.S. District Court for the Northern District of Texas recently ruled against the FTC's attempt to ban noncompete agreements. The court found that the FTC had overstepped its authority by trying to create a rule that was too broad and without enough justification.
4 Defenses Against Hostile Takeovers in Connecticut
A hostile takeover is when a corporation is acquired against the wishes of the company’s board of directors or management. There are different ways to perform a hostile takeover, all of which require complicated legal maneuvers.
An individual or company called the acquirer may want to execute a hostile takeover for a few reasons:
- Because the target company is undervalued and may therefore be profitable for the acquirer
- Because the acquirer wants ownership of the target company’s technology, product, brand, or other asset
- Because the acquirer wants to make changes in the company
In 2022, Elon Musk performed a hostile takeover of Twitter by first purchasing nine percent of the company’s shares and then issuing a generous tender offer to Twitter’s general shareholders. The company tried using the poison pill strategy, which will be explained below. However, because Musk’s offer was so much higher than the company’s value, Twitter’s board risked being sued by shareholders if it blocked the acquisition.
Can a Connecticut Trench Collapse Trigger a Personal Injury Claim?
A recent trench collapse at a Connecticut work site resulted in the tragic death of an employee. The company in charge of the job had prior violations relating to trench safety. OSHA investigated the incident, determining that at least five employees had been exposed to dangerous conditions.
Construction site accidents and fatalities are not uncommon; the industry has higher injury rates than most other professions and has experienced more total deaths than any other industry since 2008. Construction workers who survive their careers on the job site can also expect mobility problems, respiratory issues, and an increased risk of hearing impairment. Trench collapse can cause severe injuries or even death, yet these accidents are largely preventable.
Injuries sustained from a trench collapse in Connecticut are usually compensated under workers’ compensation. In some cases, a claim against a third party whose negligence contributed to the accident can also be filed. An experienced attorney can help identify negligent third parties and hold them accountable for the accident and resulting injuries.
If I Have Alzheimer's, Can I Still Make an Estate Plan?
Being diagnosed with Alzheimer’s can be frightening. You may have serious fears about what is to come. The time to start making any plans you can make is now. Alzheimer’s is a progressive disease, meaning it gets worse as time goes on. It is important to act now to ensure that you have all your nursing home financial planning, powers of attorney, and other estate planning documents completed before you experience a loss of capacity. In Connecticut, you must have what is called testamentary capacity in order to create a will or a trust. This capacity must exist at the time you execute these documents. A Metro New York Area estate planning attorney can help assess your current ability to finalize these important documents. You need a lawyer who is experienced in the evolving field of elder law.
What is Testamentary Capacity?
Testamentary capacity is the minimum standard a person must meet to create a will or trust. You must be able to establish three facts:
Preventing Pregnancy Discrimination Claims
Pregnant women who work are afforded a lot of legal protections in Connecticut. An employer who fails to provide reasonable accommodations to pregnant workers or fires a pregnant worker without good cause unrelated to her pregnancy may face costly litigation. However, accommodating a pregnant employee who has a lot of restrictions or needs to take a long leave of absence due to complications can be difficult, especially for small companies with few employees. It is best for employers to have policies in place before the need to accommodate pregnant workers arises. A knowledgeable Metro New York Area employment law attorney can help you create set, lawful policies and navigate any situations that may arise.
Understanding Your Obligations Toward Pregnant Employees
As an employer, you must provide reasonable accommodations for pregnant employees who need them. For example, if a pregnant woman’s doctor has instructed her to eat small meals every few hours due to severe nausea, a reasonable accommodation may be allowing her to have snacks at her desk or to take short breaks to eat throughout the day. You cannot require her to provide medical documentation of her need for accommodation.
Common Types of Construction Accidents in Connecticut
Construction accidents can be devastating. Workers who are injured in construction accidents are often unable to return to their jobs due to the catastrophic nature of their injuries. Severe burns, spinal cord injuries that cause paralysis, traumatic brain injuries, and loss of limb are all fairly common results of construction site accidents. These accidents often happen because safety regulations have been ignored. If you have been injured in a construction site accident, you may be entitled to significant compensation. The compensation you are owed could include lost future wages, medical expenses, and ongoing care costs. A Greenwich, CT construction site accident lawyer can fight to make sure you receive the full amount of compensation you deserve.
Construction Site Accidents That Happen Frequently
Most construction site accidents could have been prevented. Often, workers are injured because management decided to cut corners on safety measures. Some of the most common types of construction site accidents include:
When is a Head Injury Considered Catastrophic?
Head injuries can range from fairly minor to catastrophic. Some types of head injuries sustained in accidents can be life-altering. Traumatic brain injuries may impact a person’s cognitive or physical ability for the rest of her life. Some people who have suffered these injuries will require permanent round-the-clock care in a skilled nursing facility or from a home health aid. Others will never be able to return to their careers or finish school. Less serious head injuries might be serious but not catastrophic. If you sustained any type of head injury due to an accident caused by another party’s negligence, you should consult a Greenwich, CT catastrophic injuries lawyer immediately. You may be entitled to significant compensation.
Head Injuries That Cause Permanent Disability Are Catastrophic
If a brain injury permanently impacts the types of activities you can and cannot do or changes your career prospects, your injury is likely considered catastrophic. You do not need to be totally disabled and unable to work entirely for your traumatic brain injury to be treated as a catastrophic injury. For example, say you were working as a history teacher, but your brain injury interfered with your long-term memory to the point where you can no longer remember enough information about the subject matter you teach to write a lesson plan without re-learning the material yourself. In that case, you probably have a catastrophic injury.
Preventing Wrongful Termination Claims
As an employer, being sued for wrongful termination can be costly. Even if your employee’s lawsuit does not prevail, the negative publicity or damage to your company’s reputation caused by being accused of firing an employee for a discriminatory reason can be damaging. It is best for large employers to take steps to prevent these claims from ever being filed in the first place. When you must dismiss an employee who may try to claim that she was fired for an illegal reason, it is important to speak with a qualified Greenwich, CT employment law attorney. There are steps you can take before firing the employee to reduce the chances that she will sue you for wrongful termination or that a lawyer will take her case.
Document The Employee’s Wrongdoing or Inability to Perform Her Job
Keep objective and detailed records of any problems with the employee. Include time sheet records showing issues like tardiness or absenteeism, customer complaints about the employee, records of which specific job-related tasks the employee has been unable to perform and how other staff has been affected, and any security camera footage that may support your claims.