Marketable Record Title to Real Property – Addressing MRTA’s Unintended Consequences

By Julia Thomas | February 5, 2016

Chapter 712 of the Florida Statutes is entitled “Marketable Record Titles to Real Property”. The act, however, is more commonly known as the Marketable Record Titles Act (“MRTA”). As a result of certain unintended consequences, MRTA may be undergoing some important changes. And, those changes may start with a recent bill from the Florida Legislature’s…

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Legal Fees and the Elective Share

By Julia Thomas | February 3, 2016

Recently, Florida’s Fourth District Court of Appeals held that legal fees incurred by the personal representatives of an estate to defend claims against the estate are not chargeable against the elective share. In Blackburn v. Boulis, the personal representatives incurred attorneys’ fees as a result of “years of contentious litigation in probate court.” The probate…

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The Rise of Civil Investigative Demands in White Collar Investigations

By Julia Thomas | January 21, 2016

With the Department of Justice’s newly amended policies and emphasis on combating white-collar crime, Civil Investigative Demands (“CIDs”) have emerged as a powerful tool frequently used by federal prosecutors.  Since January 2009, the Justice Department has recovered more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered…

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Jay Van Heyde Elected to ESOP Association’s New South Chapter’s Executive Committee

By Julia Thomas | January 18, 2016

Dean Mead shareholder, Joseph “Jay” Van Heyde II was elected to the 2016 ESOP Association’s New South Chapter’s Executive Committee. Mr. Van Heyde is a frequent presenter nationally on Employee Stock Owner Plans (ESOPs). He represents a wide variety of clients with respect to their tax qualified retirement plans, including ESOPs and 401(k) and defined benefit pension plans, non-qualified plans…

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Court Finds Shareholder Liable in Recent Midco Transaction

By Julia Thomas | January 15, 2016

In Tricarichi,1 the Tax Court held that the sole shareholder of a corporation was liable as a transferee for the corporation’s unpaid tax liability after he sold his stock in a “Midco” transaction, resulting in a tax deficiency of $15,186,570 and penalties of $6,012,777 under Section 6901 and Ohio fraudulent transfer laws. The taxpayer was…

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Florida Legislature Passes Long-awaited Water Bill

By Julia Thomas | January 15, 2016

In the face of opposition from some environmental groups and newspaper editorial writers, on January 13, the second day of the 2016 legislative session, the Florida Senate cleared SB 552, characterized by its supporters as a comprehensive water protection bill. The next day, the House followed suit. A veto of the bill by Gov. Scott…

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