United States: Protecting Inherited IRAs From Bankruptcy Claims After Supreme Court Decision in Clark v. Rameker

Originally published in Anderson Kill Estate Planning & Tax Advisor (Autumn 2014)

On June 12, 2014, the U.S. Supreme Court unanimously held in Clark v. Rameker (134 S. Ct. 2242) that inherited IRAs are not exempt from the claims of creditors of a beneficiary who has filed for bankruptcy. The Supreme Court held that they are not protected “retirement funds” under the Bankruptcy Code. An inherited IRA is a traditional or Roth IRA that is […]

By | October 19th, 2014 ||

United States: Applicants & Employees Can Refuse To Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records.  The law does provide for certain exceptions such as where the position requires supervisory or disciplinary authority over children.  Employers who violate the law are subject to contempt proceedings.

As a result of the new law, Louisiana employers who make criminal inquiries on their job applications should direct applicants not to […]

By | October 19th, 2014 ||

Hong Kong: The Impact Of The Contracts (Rights Of Third Parties) Bill On Employers And Employees

Keywords: outsource, provision of benefits, service provider

Do you ever enter into agreements with any union? Do you ever outsource the provision of benefits to employees through a service provider? Do you provide benefits to dependants or associates of your employees? If so then you may need to change some of your agreements.

In a previous update, we looked at the risks and opportunities for employers under the Contracts (Rights of Third Parties) Bill.

This update considers […]

By | October 18th, 2014 ||