News

LOKC wins summary judgment on whistleblower, defamation, and wage and hour claims

Attorneys Tim O’Brien and Tyler Smith recently won summary judgment on behalf of an employer who was sued for whistleblower retaliation, defamation, and back pay. The employee argued that the employer had retaliated against him for complaining about perceived breaches of his employment contract, made defamatory statements about him, and owed back wages as a… Read more »

Don’t let the tail of the increased federal exemption wag the estate planning dog

On December 22, 2017 the President signed the TAX CUT AND JOBS ACT (The “Act”) that became effective January 1, 2018. For estate tax purposes and for estate tax planning purposes, the Act essentially doubled the federal estate, gift, and generation-skipping transfer tax exemptions through the end of 2025. This means that as of January… Read more »

Maine’s bountiful seaweed. Who owns it?

A recent Maine case, Ross v. Acadian Seaplants, has made national news.  The subject of this legal battle?  Ownership of seaweed. Acadian Seaplants, Ltd., a Nova Scotian company, has appealed from a decision of a justice of the Maine Superior Court, which ruled in favor of two property owners that own waterfront property in Washington… Read more »

Paige B. Streeter to speak at York County Bar Association Family Law and Bench Trial Institute

Attorney Paige B. Streeter will be among a panel of presenters at the York County Bar Association’s Family Law and Bench Trial Institute on March 20, 2018. The CLE will take place over seven different modules spanning through May 24, 2018 and centered on family law advocacy in Maine.  Attorney Streeter’s presentation will include discussion… Read more »

What are the penalties for drunk driving in Maine?

In Maine, drunk driving is called “operating under the influence,” or “OUI.” A person commits OUI if the person operates a motor vehicle while under the influence of intoxicants, or while having a blood-alcohol level of .08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. The Maine Supreme… Read more »

Valuation of businesses in divorce: personal goodwill and enterprise goodwill

A business’s goodwill consists of its “reputation, patronage, and other intangible assets that are considered when appraising the business.” Black’s Law Dictionary 703 (7th ed. 1999). Under Maine law, enterprise goodwill is quantifiable property subject to equitable distribution by the court. Ahern v. Ahern, 2008 ME 1, ¶ 14, 938 A.2d 35. Personal goodwill, in contrast, “is… Read more »

Federal tax legislation to dramatically change federal estate tax exemptions

Reported in Forbes/Personal Finance on December 21, 2017, it appears that the final Tax Bill passed by Congress, currently awaiting the President’s signature, will have dramatic effects on federal estate tax exemptions.  According to Forbes, the new Tax Bill passed by the House and Senate on December 20, 2017 will temporarily double the exclusion amounts… Read more »

New federal law targets elder abuse and exploitation

According to a report by Rhonda McMillion, an editor of the ABA (American Bar Association) Washington Letter, a publication of the ABA Governmental Affairs Office, a new federal law championed by the ABA will fight elder abuse and exploitation. The report, which appeared in the December 2017 issue of the ABA Journal, notes the following:… Read more »