Hunt & Associates P.C.

May 20, 2015

Statutory Conditions and Restrictions on Distributions to Equity Owners

Directors, shareholders, their counterparts in other business entities, and their attorneys routinely ignore the statutory conditions and restrictions on distributions to shareholders and other equity holders. The subject was discussed at the most basic level in a prior blog post here. A recent Washington appellate decision demonstrates how costly disregard for those restrictions can be.

As noted in the prior blog post, state law often limits the amounts a corporation or other business entity … Read more

May 19, 2015

Oregon High Court to Rule on DHS’ Rule Expanding Medicaid Recovery Efforts

A case with significance for Oregon Medicaid recipients and their families is headed to the Oregon Supreme Court. The dispute centers on administrative rules issued by the State of Oregon’s Department of Human Services (DHS) in 2008. The rules enlarged the State’s ability to seek reimbursement on account of benefits paid to Medicaid recipients. Ultimately, the rules were challenged in court; this past November, the court of appeals ruled against DHS and the rules were … Read more

May 11, 2015

When State Supreme Courts Break the Law

It’s fun to see lawyers and courts suddenly waking up to discover that they have been chronically violating the same laws many private employers have struggled under for years, such as the Americans with Disabilities Act or “ADA”.

As the American Bar Association Journal (ABA) reported, many state bar associations, under the supervision of their respective state supreme courts, have regularly inquired about the mental health history of applicants for admission to their state’s bar … Read more