Tuesday, June 16, 2009

Advanced Asset Protection - Is Exotic synonymous with dangerous?

It's been some time since I've last posted information for my readers - well, busy is good! But I know I've left this page silent for too long.


I'm going to provide just a little teaser today, as time, alas, is still short. A quick few comments on advanced asset protection strategies - the offshore entity.


Most think "exotic" "mysterious" "dangerous" or even "illegal" when the topic of establishing an offshore company comes up. While some of the most advantageous jurisdictions are in exotic locales famous for year-round sunny beaches and warm tropical breezes, the rest of the stereotypes are just that, stereotypes - based on lack of information or mis-information.


I am a advocate of using favored offshore jurisdictions for establishing Limited Liability Companies under certain circumstances to take advantage of flexible corporate code and strict privacy measures. By utilizing the same liability insulation mechanism available under the best of our domestic limited liability statutes, and combining that with privacy and a remote locale, we can establish a significantly higher level of risk isolation to those assets held by the offshore entity. With the proper planning and mechanisms in place, we can also spirit domestically held assets into the offshore holding if adverse circumstances should arise.


Sound asset protection planning is no more exotic than sound estate planning. If you've got assets to protect, in this time of economic uncertainty, now, more than ever, ensuring those assets remain available for you or your loved ones into the future, even under adverse attack, is the most important consideration on the table.


As they say, failing to plan is synonymous with planning to fail. Lawsuits of every kind appear to again be on the rise (judging from the inquiries my office has been receiving in the past several months, a huge spike). People are looking for deep pockets and a way to cash in - is what you worked so hard for at risk?


Some key factors to examine when considering offshoring for asset protection are a thorough understanding of the jurisdiction's governing code, a stable government structure, reasonable costs to do business within the jurisdiction, and ease of access. If you are interested in exploring the areas of advanced asset protection through the use of offshore entities, feel free to contact my office. We're always happy to help find a way to protect your business, estate or individual assets.

* Note that this information is provided as general information only and does not constitute legal advice with regard to any particular set of circumstances. As with any legal issue, consult with an experienced attorney if you have questions regarding matters related to the topics discussed in the blog or video. Davidson Law Office and Attorney Kevin Davidson do not provide legal advice outside of an attorney/client relationship memorialized by a written and signed contract for legal services.
Davidson Law Office, LLP is a Wisconsin law firm with a focus on litigation, business, asset protection and estate planning. Serving clients throughout Wisconsin from the heart of the Fox River Valley between Appleton and Green Bay.

Thursday, February 19, 2009

SBA letter FRAUD ALERT

Important Fraud Alert

The U.S. Small Business Administration issued a scam alert today to small businesses, warning them not to respond to letters falsely claiming to have been sent by the SBA asking for bank account information in order to qualify them for federal tax rebates.
The fraudulent letters were sent out with what appears to be an SBA letterhead to small businesses across the country, advising recipients that they may be eligible for a tax rebate under the Economic Stimulus Act.
Anyone who receives this letter should report it to the OIG Fraud Line at 1-800-767-0385 or email at OIGHotline@sba.gov
reprinted from Heart of the Valley Chamber of Commerce E-newsletter.

Wednesday, February 04, 2009

Insurance Tactics to "Force" Settlement? Inflict a Little More Pain.

Take this with a grain of salt - salt in the wound, that is. In viewing a video presentation for the Wisconsin State Bar Continuing Legal Education Seminars addressing handling personal injury lawsuits in Wisconsin, I noted this gem by panel expert insurance defense attorney Ron Pezze, Jr.: while discussing insurers' lack of preparation for Court ordered mediations, Pezze stated "they think, well, we'll have enough time to talk about it when they're TWISTING THE ARM OF THE PLAINTIFF ..."
So, that's the way they are thinking about you and your injury claim. Nice thought, inflicting more pain on the victim who is attempting to attain a fair recovery for their injuries.

Of course, this is but a turn of phrase, if you will, but it belies the mentality and intent of the tactics employed by insurers in dealing with injury palintiffs. It's not about you, your injuries and your sufferring - its about oppressing you to save the insurance company's dollars.
The plaintiff's bar has long been stigmatized and denigrated as "ambulance chasers" and "vultures" by those morally superior silk stockings defense firms. I guess I just don't agree that harming the victim is a higher-ground approach.
So, in case you are still wondering if they intend to play fair with you and your injury claim, don't count on it.

Saturday, January 31, 2009

Discovery -informational video on Wisconsin Lawsuit Basics

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Wisconsin litigation attorney Kevin Davidson discusses the "discovery" phase of a lawsuit - that phase of the litigation where the respective parties seek all available information and evidence to support their arguments and claims and to refute or undermine the arguments and claims of the opposing side. This Wisconsin Lawsuit Basics informational video includes brief discussions of interrogatories, requests for admissions, requests to produce documents, requests to inspect land or buildings, and depositions, in this Wisconsin Lawsuits Information Video Series installment from Davidson Law Office, LLP.

The Answer - informational video on Wisconsin Lawsuit Basics

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This second installment in our Wisconsin Lawsuit Basics informational video series discusses the next step after a lawsuit has been commenced with the filing of a Complaint by the plaintiff, the defendant's Answer to the complaint. With a brief discussion of counterclaims, potential for default judgment for failure to timely file and serve the Answer, insufficiency of the pleadings and improper service.

Friday, January 30, 2009

The Complaint - informational video on Wisconsin Lawsuit Basics

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In this first installment of the informational video series on Wisconsin Lawsuit Basics, we provide a brief overview and discussion of the document that starts a lawsuit - the Complaint. The complaint is the document filed with the Court which initiates the formal litigation process. Once filed, it is stamped by the Clerk of Court, and a "conformed" copy, one bearing the Court's stamp, is served upon the defendant or defendants.

Wednesday, January 28, 2009

Wiconsin Construction Liens - Notice and Statutory Requirements for Contractors

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This 5 minute informational video discusses the statutory requirements for preserving lien rights and filing a valid and enforceable construction lien under Wisconsin law, with commentary on lien defense and potential liabilities for punitive damages under a Slander of Title claim for an invalid and improperly filed lien.

* Note that this information is provided as general information only and does not constitute legal advice with regard to any particular set of circumstances. As with any legal issue, consult with an experienced attorney if you have questions regarding matters related to the topics discussed in the blog or video. Davidson Law Office and Attorney Kevin Davidson do not provide legal advice outside of an attorney/client relationship memorialized by a written and signed contract for legal services.

Tuesday, January 27, 2009

Wisconsin Insurance Bad Faith In Brief - informational video series

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(OK, I promise I don't really look like that! - just click play)
Under Wisconsin law, bad faith by an insurer means more than denying a claim uder the policy. This 1 minute informational video by Wisconsin insurance lawyer Kevin Davidson discusses insurance bad faith claims and claim denial under Wisconsin law, with commentary on requirements beyond mere denied claim to establish a sustainable bad faith claim against an insurer.

* Note that this information is provided as general information only and does not constitute legal advice with regard to any particular set of circumstances. As with any legal issue, consult with an experienced attorney if you have questions regarding matters related to the topics discussed in the blog or video. Davidson Law Office and Attorney Kevin Davidson do not provide legal advice outside of an attorney/client relationship memorialized by a written and signed contract for legal services.

Bail Increased $750K for Smearing Crap on Lawyer - Feces Flung at Fact Finders

E-e-e-e-w-w-w-w-w. Though I like to provide meaningful information on this blog, I sometimes can't resist the urge to share a chuckle about lawyers. So here's another less-than-serious post:

Somtimes the job of a lawyer is not altogether pleasant. Sometimes there's bad news to deliver - we can't help everyone and fix everything. Sometimes we must defend unpopular positions. And sometimes the job is, well, just plain sh*tty! Literally.
A 37 year old burglary suspect was uspet that the judge refused to remove the public defender appointed to handle his case. So, just as any upset defendant would do, he smeared human feces (hereiafter referred to as "Crap") on the attorney's hair and face, then threw more Crap at the jurors.
The judge, who apparently was not targeted in the Crap hurling incident, declared a mistrial, and raised the defendant's bail from $250,000 to $1,000,000, stating that the defendant was a danger to the public.
Read the San Diego News Article here.