Issue #4
July 9, 2012

We hope you had a great Independence Day!  This month's Business Law Briefing announces our move to Detroit's Chrysler House, discusses estate and business succession planning issues, and a recent Supreme Court overtime pay decision, and provides information on an upcoming Jake & Johnny Golf Outing.  Thanks for allowing us to e-mail you!


Hubbard Snitchler & Parzianello PLC
Dime Lobby
Reports HSP's Move Downtown


As reported in the "Rumblings" section of today's Crain's Detroit Business, after many years of practicing law in Oakland County, our attorneys will soon be back in Detroit.  HSP will move to the historic Chrysler House on August 1st.


Dime Night
Crain's reported that:  "John Hubbard and two other partners, Eric Parzianello and Mark Snitchler, have created a new firm and will move from Farmington Hills to Detroit. 
Hubbard Snitchler & Parzianello PLC leased 5,700 square feet on the sixth floor of Chrysler House formerly the Dime Building, 719 Griswold St., from Bedrock Real Estate Services -- the real estate arm of Dan Gilbert's Rock Ventures group of companies.  The firm, to house six lawyers and nine total staff, will move in Aug. 1.  The broker was Jones Lang LaSalle Inc. in Detroit. The firm will handle legal issues for small and midsize businesses, including litigation, planning and transactions."


As the city is re-establishing itself as a premier destination for business, wwant to serve as a resource for companies and entrepreneurs to grow and prosper.  Each of our partners either attended law school or practiced law in Detroit during our careers, and we are all excited and energized to be Back in Detroit!
Would Any of Your Family Members Adopt An Ex-Spouse to Avoid Your Estate or Business Succession Plan?
A majority of Americans do not have an estate plan and over two-thirds of business owners don't have a succession plan.  Of those who do have a plan, very few anticipate any type of dispute or litigation arising from their plan.  Whatever the size of an estate or business, it does not take much to create a dispute and a beneficiary's creativity can lead to some interesting results.   


The Delaware Supreme Court recently decided a case involving the Gore Family Trust, originally funded by the inventors of Gore-Tex�.  The Trust creators provided certain gifts of Gore-Tex� company stock to their children and grandchildren.  Because one daughter had fewer children than her siblings, her immediate family's portion of the inheritance stood to be less than the shares her siblings' families would receive.  As a result, the daughter secretly adopted her 65 year old ex-husband in order to attempt to create another "child" that would take under the Trust.


The Court attempted to ascertain the intent of the Trust creators at the time they executed their estate plan to see whether this form of adult adoption was consistent with the intent of the estate plan. There was no language in the Trust agreement specifically prohibiting the adoption of an adult and such a person would indeed constitute a "grandchild" under the law. However, the Court determined that the adoption of the former ex-husband did not result in a real child/adult relationship and the Gores "did not intend to provide for adult adoptees with whom their children had no parent-child relationship."


If family harmony is important to you, make sure that your estate planning and business succession documents are written with your intentions clearly set forth. As the old adage goes, "an ounce of prevention is worth a pound of cure."  Contact Mark Snitchler with any questions about your business succession and estate plans.


UPDATE: Supreme Court Decides Pharmaceutical Sales Representatives Not Entitled To Overtime
In an update to a prior Business Law Briefing article, the United States Supreme Court in a 5-4 decision rejected the Labor Department's interpretation of federal law and ruled that pharmaceutical sales representatives (PSRs) were exempt from being paid overtime.  At issue in Christopher v. SmithKline Beecham Corp.(GlaxoSmithKline) was whether pharmaceutical sales representatives are "outside salesmen" and therefore exempted from overtime-pay requirements of the Fair Labor Standards Act of 1938 (FLSA).
Mortgage loan officers may also be affected by the decision in this case.  Federal courts are likely to consider the Supreme Court's analysis to determine whether mortgage loan officers are non-exempt employees in a case currently being litigated.  Employers utilizing the services of sales representatives or independent contractors without payment of overtime wages should always consult with counsel to ensure FLSA compliance.
HSP Attorneys In The News
Kenny Lee
With The Judges:
 Kenny Lee attended 
a "Meet the Judges Party" preceded by a seminar hosted the Oakland County Bar Association New Lawyers' Committee.

He was pictured in the internet and print versions of the Detroit Legal News with Oakland County Circuit Court Judge Phyllis McMillen, Oakland County 52nd District Court Judge Dennis Drury and Oakland County 45-A District Court Judge Jamie Wittenberg.
Jake and Johnny
Annual Jake & Johnny Golf Fundraiser Set 
For September 24, 2012
Help Cure Childhood Leukemia and Juvenile Diabetes
Please join us at the beautiful Golden Fox Championship Course at Fox Hills in Plymouth on Monday, September 24th for our annual fundraiser to help find a cure for childhood leukemia and juvenile diabetes.  Last year we raised over $25,000 and made donations to the Juvenile Diabetes Research Foundation (JDRF) and to C.S. Mott Children's Hospital.  We're hoping to beat that total this year! Register at The Jake and Johnny Club website before August 22nd for early-bird registration discounts.
30665 Northwestern Highway, Suite 100
Farmington Hills, MI 48334
Telephone: (248) 406-5400
Fax: (248) 406-5401
719 Griswold Street, Suite 620
Detroit, MI 48226-3319

999 Vanderbilt Beach Road, Suite 200
Naples, FL 34108
Telephone: (239) 325-1802

Back in Detroit!
Estate Planning
Overtime Pay
In the News
Golf Fundraiser
E-Mail Links

999 Vanderbilt Beach 
Suite 200
Naples, FL 34108
(239) 325-1802