Most Recent Attorney’s Blog Posts

  • Hulk Hogan & Asset Protection Lessons from Bollea v. Clem
    In one of the more highly publicized cases of this year, in March 2016, Hulk Hogan received a jury award in the case  Bollea v. Clem  of $115 Million in compensatory damages and $25M in punitive damages from a Florida jury against the owners and operators of the Gawker website, which was devoted to media news and gossip.   Gawker was accused of violating Hulk Hogan’s privacy by posting private videos of Hogan engaged in sex acts. Several months later, both the LLC and corporation which allegedly ran the Gawker website along with one of its original founders Nicholas Denton filed ... read more
    Source: KKOSLawyersPublished on 2016-12-06By Lee Chen
  • The Election Didn’t Kill ObamaCare (yet): What You Need to Know
    As Americans awoke on the morning of November 9, 2016, the reality of a Donald Trump presidency began to sink in.  Many believed that a Trump administration would mean the end of the Affordable Care Act (a.k.a. the ACA or ObamaCare) on day one.  Well, the reports of ObamaCare’s death have been greatly exaggerated (or are at least premature).  ObamaCare is alive and well for 2017 and Open Enrollment began November 1st and runs through January 31st.  Here’s what you need to know for what may be ObamaCare’s last ride: Turns out that insurance under the Affordable Care Act isn’t ... read more
    Source: KKOSLawyersPublished on 2016-11-30By Jarom Bergeson
  • Thinking About Starting a Business? Consider These Ten Tax Tips
    As the end of the year is fast approaching and 2017 will be here soon, if you’ve been thinking about starting a new business, keep in mind that once you are self-employed, a huge portion of the tax code opens up and becomes available to you for tax write-offs.  Of course there are a lot of risks and rewards of starting your own business, but one of those rewards is the availability to take tax write-offs that you wouldn’t otherwise be able to take including dining, travel expenses, and entertainment.  Here are a few tax tips to give you an ... read more
    Source: KKOSLawyersPublished on 2016-11-21By Kevin Kennedy
  • How to Negotiate a Solid Contract
    Lets face it, we all have to deal with contracts, many of us on a daily basis, and it is the law of contracts which forms the very foundation for our civil and commercial society.  The main purpose of a contract is to memorialize and confirm the intentions and future performance of the parties to the contract, and our society would be fraught with chaos were it not for laws that bind parties to their contractual agreements. In our practice, we see a lot of bad deals and lost investments that result from the failure to have the deal memorialized ... read more
    Source: KKOSLawyersPublished on 2016-11-15By Justin Brault
  • Series LLC’s (Somewhat) Demystified State-By-State
    Many of our clients, especially real estate investors, have heard of the Series LLC.  However, the Series LLC seems to have a bit of a mysterious aura that keeps it from being understood.  I think this comes from the fact that the Series LLC is relatively new (Delaware was the first state to adopt the Series LLC – in 1996, and many states have adopted it within the last 5-10 years), as well as the fact that only about 1/3 of the states have a Series LLC statutes and those statutes are not in any way uniform.  Additionally, Series LLC’s ... read more
    Source: KKOSLawyersPublished on 2016-10-31By Jarom Bergeson
  • What are My Options if I Disagree with the IRS?
    Many view the IRS as an agency shrouded in mystery and the IRS is generally perceived as the omnipotent “big brother” that we should all fear. It is true that the IRS does have the ability to unilaterally garnish wages or levy on assets, whereas almost every other creditor would only have these rights only after filing a lawsuit and successfully getting a judgment from the courts. However, that does not mean you do not have rights if you disagree with the IRS, and the IRS does have administrative procedures available when a taxpayer disagrees with an IRS determination. In ... read more
    Source: KKOSLawyersPublished on 2016-10-25By Justin Brault
  • Starting Your Solo 401k By Year-End
    The end of the year is approaching fast and many small business owners and real estate investors are looking for end of year tax savings!  One of the most popular tax strategies is to make a tax deductible retirement account contribution. If you’re self-employed with no other full-time employees, you have some choices but typically a SEP IRA or a solo 401k are the best options.  A SEP IRA is a traditional IRA and follows the same investment, distribution, and rollover rules as traditional IRA’s.  A solo 401k can have both a traditional and a Roth account but your business ... read more
    Source: KKOSLawyersPublished on 2016-10-17By Kevin Kennedy
  • Estate Planning: Recent Questions from our Clients
    In my experience, estate planning is one of the most important, and simultaneously least understood, areas of the law. Perhaps this is because none of us ever see how our own estate plan (or lack thereof) plays out after we are gone. Maybe it’s because there’s just a certain amount of mystery associated with death. Or it might be because people just don’t want to deal with death or the consequences thereof. Whatever it is, there just seem to be a lot of myths and half-truths circulating around this area of the law, and when clients actually get started with ... read more
    Source: KKOSLawyersPublished on 2016-10-01By Jarom Bergeson
  • How to Properly Use Credit Reports to Screen Tenants
    Experienced landlords and property managers understand the importance of carefully screening prospective tenants and anyone who has had to go through the process of evicting a tenant knows how cumbersome the eviction process could be.  The ability to screen tenants based on their credit report and/or score is an important tool for landlords to better understand the character of the individual or individuals you intend to rent to, and to assist in identifying potential risks of doing so. Moreover, information from credit reports can be used to verify or confirm information provided by the prospective tenant in their rental application.  ... read more
    Source: KKOSLawyersPublished on 2016-09-27By Lee Chen
  • Putting the Pieces Together: Tax, Asset Protection, Small Business Law, Real Estate, Raising Capital, Self-directed IRA Law, and Estate Planning
    As an Attorney at KKOS Lawyers, I work under Mark Kohler and Mat Sorensen, the managing partners of the Firm.  Mark is also a CPA and advises clients in the areas of small business tax planning, asset protection, etc.  He has written books on these subjects (Lawyers are Liars – a great book on asset protection, What Your CPA Isn’t Telling You – excellent for small business tax strategies), and The Tax and Legal Playbook – maybe the best one, an excellent summary of many applicable aspects of tax and legal planning).  He speaks across the country on those subjects ... read more
    Source: KKOSLawyersPublished on 2016-09-20By Kevin Kennedy
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