BGS is pleased and excited to announce that it is expanding and welcomes two new attorneys and staff who will bring in opportunities in two new areas of practice; Transportation Law and Computer and Software Law. Attorneys James H. Wills and Carole Clark Isakson from Kalina, Wills, Gisvold & Clark have joined the firm effective May 1, 2016. They bring with them their extensive experience in the areas of Transportation law, Computer and Software law, and Corporate law and will also help expand our practice in existing areas. Also joining the firm will be Jackie J. Campbell who will act as Legal Administrative Assistant for Jim and Carole. James H. Wills was a founding partner of Kalina, Wills, Gisvold & Clark and will come to BGS as Of-Counsel. He will continue to focus his practice extensively in the area of transportation law. Jim is committed to helping BGS with new marketing opportunities that will arise with the introduction of this new area of law and is also the catalyst for a BGS satellite office which will be located in Pequot Lakes, MN. He will maintain an office there, as well as at BGS in Coon Rapids. Office hours in Pequot Lakes will be available by appointment only. Carole Clark Isakson comes to BGS…
Read MoreThe IRS released a recent Private Letter Ruling (PLR 201538021) that surprisingly allows a Limited Liability Company (“LLC”) to adopt an ESOP. This is a new development that should be considered with caution since a PLR only applies to the taxpayer that asked for the ruling and there are some pre-requirements that may continue to create a tax problem if implemented. Here’s the story: Background The rules under the Internal Revenue Code have so far limited the use of ESOPs to C- or S-Corporations. One of the requirements for an ESOP is that it invests predominantly in qualifying employer securities. LLCs were not permitted to have ESOPs because the membership units were not considered qualifying employer securities. As a result, an LLC had to be converted to a corporation in order to utilize an ESOP. Although the process may not be all that complicated, it sometimes created adverse tax consequences for a converting owner. New developments In a the recent Private Letter Ruling mentioned above, the IRS ruled that the membership units of an LLC will be considered as qualified employer securities under the Internal Revenue Code. This means that an LLC could establish an ESOP and have it hold LLC units. The ruling is conditioned on the LLC and its units having…
Read MoreAn brief overview of the new law by attorney Joan M. Quade and law clerk Tyler W. Eubank The New Law for Minnesota Residents In the Spring of 2014, Governor Mark Dayton signed a bill into law authorizing the use of medical cannabis. The law became effective on July 1, 2015. Regarded as one of the most restrictive medical cannabis laws in the nation, the law only allows for the use of cannabis to treat a number of chronic diseases such as HIV, AIDS, glaucoma, Tourette’s syndrome, seizures, and Crohn’s disease. The law also allows the use of cannabis in the treatment for cancer where the patient suffers from chronic pain, nausea, or severe wasting. Once a doctor has determined that a patient has a qualifying disease, the patient must apply to be placed on the state-wide registry. A medical cannabis dispensary may only give cannabis products to people who are on the registry. Minnesota Restrictions for Medical Cannabis The law also provides that medical cannabis may only be administered and consumed in a number of ways. The patient may take cannabis in oil, vapor, or pill form. The patient may not smoke marijuana. The law does not save a person from liability from negligence or professional malpractice for being under the influence…
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