Samuels Law Blog - Page 7 of 49 - Samuels Yoelin Kantor LLP

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SYK Authors – Administering Trusts in Oregon

SYK April 23, 2018 No Comments

The 2018 edition of Administering Trusts in Oregon is set to be released this month, and many of the authors are familiar. Of the prestigious group of contributors for this new edition, Samuels Yoelin Kantor was well represented. Attorneys Eric Wieland, Walker Clark, Caitlin Wong, and Valerie Sasaki were all contributing authors, and both Stephen Kantor and Jeffrey Cheyne, prior to his passing, were editors for this edition.

The new version of Administering Trusts in Oregon is a guide for lawyers in the areas of estate planning, elder law, family law, and general practice. This is the first update since the last edition was released in 2012.

Grounded: Delinquent Tax U.S. & International Travel

Valerie Sasaki April 20, 2018 No Comments

Delinquent tax debt can now potentially ground U.S. taxpayers from international travel

Starting this year, The Internal Revenue Service (IRS) and U.S. State Department have teamed up in a manner that may affect the future travel plans of certain taxpayers that owe a large amount of money to the Treasury. In late 2015, President Obama signed the Fixing America’s Surface Transportation Act (FAST Act) to address long-term funding for surface transportation infrastructure planning and investment. Embedded deep in the law is Section 32101, which requires the IRS under § 7345 of the Internal Revenue Code (IRC), to notify the State Department of taxpayers certified to have “seriously delinquent tax debt”. Upon certification from the IRS, the State Department is then required to deny a passport application for such individuals and also potentially revoke or limit passports already issued to said taxpayers.

City Hall - Portland Pride - Gender Choice

Changing Your Name and Gender in Oregon

Emily Clark Cuellar April 9, 2018 No Comments

Oregon is on the move to become a more transgender and non-binary friendly state.

In 2016, an Oregon judge allowed Jamie Shupe, a person who identified as non-binary to change their identity to a neutral third gender. The judge’s decision to allow a non-binary gender is widely believed to be the first of its kind in the United States.

After this decision, Oregon gained momentum in creating a more streamlined process for those who wished to change their name and gender. Changing one’s name and gender used to be a complicated process which was different county to county and which could not always be accomplished alone.

However, starting in 2017, the State of Oregon Judicial Department began providing statewide forms for both adults and minors who want to change their name and/or gender. The petition allows the applicant to decide whether they want to identify as male, female, or non-binary. The forms provide instructions for filling out a petition, where to file the petition, and how much filing the petition costs.

Letter to the Editor: BOLD Action for Alzheimer’s

SYK March 21, 2018 No Comments

SYK attorney, and commissioner on senior services, Victoria Blachly is an outspoken advocate for the Oregon Alzheimer’s Association, and the people whose lives have been touched by Alzheimer’s.

Today Victoria’s letter to the editor was published, with a call to action for Congress to protect those effected by Alzheimer’s.

“Today, there are more than 5 million Americans living with Alzheimer’s and more than 15 million serving as unpaid caregivers. Too often Alzheimer’s is treated as an aging issue, ignoring the public health consequences of a disease that someone in the United States develops every 66 seconds… Alzheimer’s is the most expensive disease in America at an estimated cost of $259 billion annually. And with Medicare and Medicaid covering two-thirds of its annual costs, Alzheimer’s demands more attention from our government.”

Investor Alert – NASAA and SEC Warn about Cryptocurrency Related Investments

Darlene Pasieczny January 16, 2018 No Comments

On January 4th, the same day I posted about a recent FINRA Investor Alert regarding cryptocurrency, there was a new press release from the North American Securities Administrators Association (NASAA) with further guidance on the same topic. NASAA’s analysis and warning amounts to this: Initial Coin Offerings (“ICOs”), and all other investment products related to cryptocurrency or the blockchain, pose a threat to investors.

“A NASAA survey of state and provincial securities regulators shows 94 percent believe there is a ‘high risk of fraud’ involving cryptocurrencies. Regulators also were unanimous in their view that more regulation is needed for cryptocurrency to provide greater investor protection.”

The same day, the SEC made a public statement from Chairman Jay Clayton and Commissioners Kara M. Stein and Michael S. Piwowar, in wholehearted agreement with NASAA: “The NASAA release also reminds investors that when they are offered and sold securities they are entitled to the benefits of state and federal securities laws, and that sellers and other market participants must follow these laws. Unfortunately, it is clear that many promoters of ICOs and others participating in the cryptocurrency – related investment markets are not following these laws. The SEC and state securities regulators are pursuing violations, but we again caution you that, if you lose money, there is a substantial risk that our efforts will not result in a recovery of your investment.”

Tax Reform Now: Five Actions to Consider Before December 31, 2017

Admin December 22, 2017 No Comments

Congress officially passed the Tax Cuts and Jobs Act on December 20th. Despite conflicting reports on when President Trump will sign the Act, he will sign it. Here are five last-minute actions you should consider for tax planning before the New Year to minimize your 2017 and 2018 tax liability. This article is the first in a series planned to address the numerous changes to tax law imposed by the Tax Cuts and Jobs Act. We strongly recommend you consult with your tax attorneys and tax advisors on the impact of the act on your 2017 taxes and to plan for future years.

Australian Court Accepts Unsent Text Message as Dead Man’s Will

Admin December 19, 2017 No Comments

A court in Queensland, Australia accepted an unsent text message on a dead man’s phone as his valid will. In the text message the married man left everything he had to his brother and nephew before taking his own life. The court allowed the draft text message to act as a valid will because the wording in the text indicated that the man intended it to act as his will.

Formal will requirements in Queensland require that a valid will be in writing and signed by two witnesses, however the law was changed in 2006 to allow informal types of documents to be considered wills. Under the 2006 changes, the Supreme Court of Queensland may recognize a document as being a will if the court is satisfied that the decedent intended the document to be his will even if the document lacked will formalities.

FINRA Expels New York Stockbroker Hank Mark Werner

Darlene Pasieczny November 21, 2017 No Comments

On November 8, 2017, the Financial Industry Regulatory Authority (FINRA) announced that a broker named Hank Mark Werner of upstate New York had been barred from the securities industry. The headline: “FINRA Hearing Panel Bars Broker for Defrauding Elderly, Blind Customer”.

The pattern of this behavior is outrageous but not all that unusual. It makes a good example of how financial professionals fail their clients.

According to the FINRA news release, Mr. Werner served as the licensed broker for an elderly couple since 1995. The husband died in 2012. Mr. Werner made some 700 trades on “behalf” of his client, a sightless 77-year old recently widowed woman in poor health between October 2012 and December 2015. He ultimately collected $210,000 in commissions. The panel’s decision includes an order of restitution to the widow, a fine, Mr. Werner’s banishment from the industry, and a further fine and censure for his employer – Legend Securities, brokerage firm expelled from the securities industry as of April, 2017.

Pasieczny Elected to PIABA Board of Directors & Recognized for Outstanding Service

SYK November 17, 2017 No Comments

Congratulations to SYK litigator Darlene Pasieczny. Darlene was recently awarded an Outstanding Service Award from the Public Investors Arbitration Bar Association (PIABA) for 2017, as co-chair of the PIABA Self-Regulatory Organization (SRO) Committee. As well as the award, Darlene was also elected to the PIABA Board of Directors, a position she will serve for a three year term.

Play it Forward for Houston!

SYK November 10, 2017 No Comments

Play it Forward received a call for help from Kelly Wells, former Portlander and current Houston resident, when Kingwood High was flooded by Hurricane Harvey and their music program was completely destroyed. Join us as we answer the call to replace their instruments, raise money and… Play It Forward for Houston!

Karaoke For A Cause 2017

SYK October 25, 2017 No Comments

SYK encourages you to come watch (…or sing with) some of their attorneys at Karaoke For A Cause. Proceeds benefit the MBF Civic Education Fund.

Hands-Free Really Means Just That: Oregon Stiffens Ban on Distracted Driving

Victoria Blachly October 2, 2017 No Comments

Oregon had allowed limited use of smart phones while driving, but beginning October 1, it is now illegal for drivers to use or hold an electronic mobile device. You are allowed a single touch or swipe to activate or deactivate a device or function, but do not talk on speaker mode while holding your phone, or you could be looking at a fine of $130 to $1,000 for your first offense, $220 to $2,500 for your second offense and a minimum of $2,000 and up to 6 months in jail for a third offense.

2017 Chambers High Net Worth Again Recognizes SYK & Two of Our Partners

SYK September 18, 2017 No Comments

Friday, Chambers and Partners released their annual rankings for their Chambers High Net Worth publication. Chambers HNW is objective, independent and research-based; the guide recognizes the world’s leading high net worth advisers.

Six Attorneys Recognized by Best Lawyers in America 2018

SYK August 17, 2017 No Comments

Congratulations to the Samuels Yoelin Kantor LLP attorneys recognized by Best Lawyers in America 2018 – including one “Lawyer of the Year.” Bob Banks, Victoria Blachly, Chris Costantino, Stephen Kantor, Van White, and Eric Wieland were selected as “Best Lawyers” this year.

Heat Wave Reminder – Oregon Law Allows Public Intervention if a Child or Animal is in Danger

Denise Gorrell August 2, 2017 No Comments

Portland is currently in the midst of what could be a record breaking heat wave. The city is forecast to have temperatures climbing above 100 degrees this week. Health officials are urging citizens to stay hydrated and take precautions when traveling.

The state of Oregon also is doing its part to protect those who may not be able to protect themselves. A new law protects Good Samaritans from both civil and criminal liability if they break a vehicle window to help either an unattended child or animal that they believe to be in danger.

New Handheld Device Law: What Washington Drivers Need to Know

Victoria Blachly August 1, 2017 No Comments

Washington State Governor Jay Inslee recently accelerated the enforcement of the Driving Under the Influence of Electronics (DUIE) Act. The Act now forbids virtually all use of handheld gadgets such as phones, tablets, laptop computers and gaming devices while driving.

In its statewide observational survey of distracted drivers, the Washington Traffic Safety Commission found cell phone use is the most common type of distraction, with 71% of distracted drivers engaged with their phones while operating their vehicles. The survey also found 1 out of 10 drivers in Washington State are distracted while driving, and fatalities from distracted driving increased 32% from 2014 to 2015.

Big Changes to Some Big Employers’ Employee Scheduling Practices

Steven W. Seymour July 18, 2017 No Comments

On June 29, 2017, the House approved and sent to the governor, Senate Bill 828 which will require large employers in certain industries to provide advanced notice to employees of their work schedules. This new law will affect only retail, hospitality, and food service establishments with 500 or more employees worldwide. Affected employers will have to provide their employees with seven days advance notice of their shift schedules. Affected employers will also need to make a good faith effort to provide new employees with an estimation of the average number of hours the employee can expect to work in a month. It is expected that the governor will sign the bill into law.

June 15 – World Elder Abuse Awareness Day

Victoria Blachly June 15, 2017 No Comments

June 15th is World Elder Abuse Awareness Day, a day designated to bring visibility to the prevalence of global elder abuse. According to the National Council on Aging, one in ten Americans aged 60 or above have experienced some form of elder abuse. It is expected that with the number of older persons growing, abuse of the elderly will also grow. Though elder abuse is a serious and common problem that could lead to poverty, hunger, homelessness, compromised health and well-being, and even premature mortality, it often is one of the least investigated or reported types of abuse.

The Longest Day

Victoria Blachly June 13, 2017 No Comments

The Longest Day: A Global Movement to Help End Alzheimer’s Disease

The Longest Day is June 21, 2017.

“The Longest Day is all about love. Love for all those affected by Alzheimer’s disease. On the summer solstice, team up with the Alzheimer’s Association and select any activity you love — or an activity loved by those affected — to help end Alzheimer’s. Together, we will raise funds and awareness for care and support while advancing research toward the first survivor of Alzheimer’s.”

No Questions Asked: Oregon’s Equal Pay Act

Tim Resch June 8, 2017 No Comments

On May 22, 2017, the House unanimously re-passed House Bill 2005. The legislation, which is more commonly known as the Equal Pay Act of 2017, was amended by the Senate last week, and is now headed to Governor Brown for her signature.

While the majority of the media attention has been on the provisions in the bill that will prohibit discrimination against women in the payment of wages, there are other provisions affecting employment practices that employers should be aware of.

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