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Current Developments in Asset Protection



Wednesday, May 4, 2011
Product Code - TMA04
Speaker(s): Gideon Rothschild and Daniel S. Rubin
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The legal landscape is in a constant state of flux, and the law as it relates to asset protection planning is no exception.

This presentation focuses on recent changes in the law relating to asset protection planning, and suggests how practitioners might address these changes in their clients' estate and asset protection planning.

Presentation Objective:

The objective of this 90 minute audio discussion is to provide participants with an understanding of the most significant recent asset protection planning developments. 

Highlighted topics will include the following:

  • A review of Hawaii's new self-settled spendthrift trust law.
  • An analysis of the changing scope of the law concerning a federal creditor exemption for inherited IRAs.
  • A discussion concerning Securities and Exchange Commission v. Jamie L. Solow and the effect of "disgorgement" orders.
  • A discussion concerning Olmstead, et al. v. Federal Trade Commission and the continuing viability of the "charging order" protection.
  • A review of recent legislation protecting inter-vivos QTIP trusts.
  • A discussion of Private Letter Ruling 200944002, and the viability of domestic self-settled spendthrift trusts for estate tax planning purposes.

Upon completion of this program participants will:

  • Be up to date on the most significant statutory and case law that relate to asset protection planning
  • Be able to assist planners in choosing appropriate estate and asset protection planning strategies for their clients

Gideon Rothschild and Daniel S. Rubin

Gideon Rothschild is a partner in the New York City law firm of Moses & Singer LLP, where he co-chairs the Trusts & Estates and Wealth Preservation Group. He focuses his practice in the areas of domestic and international estate planning techniques for high net worth clients and is a nationally recognized authority on wealth preservation and offshore trusts.

Mr. Rothschild is a member of the Advisory Boards of BNA's Tax Management and Trusts and Estates. He served as the Finance Officer of the American Bar Association’s Real Property, Probate and Trust Law Section (2007-2010) and Chair of its International Estate Planning Committee (2002-2004) and Committee on Asset Protection Planning (1997-2002), Chair of the New York Chapter of the U.K. based Society of Trust and Estate Practitioners (STEP) (2008-2010), and is a member of the New York State Bar Association.

Mr. Rothschild is the co-author of the soon-to-be published third edition of the Bureau of National Affairs' Tax Management Portfolio on Asset Protection Planning, No. 810-3rd. He has also authored numerous articles for publications including the New York Law Journal, Trusts and Estates and Estate Planning.

He is an Adjunct Professor at the University of Miami Law School Graduate Program and has lectured frequently to professional groups including the University of Miami’s Philip Heckerling Institute, the New York University Federal Tax Institute, the New York State Bar Association, the American Bar Association, the Southern Federal Tax Institute and the American Institute of Certified Public Accountants. Mr. Rothschild has been designated as a Distinguished Estate Planner by the National Association of Estate Planners and Councils and has earned the distinction of being listed in Chambers USA, Best Lawyers in America, New York Superlawyers (Top 100 in New York City) and Worth’s Top 100 Lawyers.

Mr. Rothschild is a Fellow of the American College of Trust and Estate Counsel and Academician of the International Academy of Trust and Estate Lawyers. He is also licensed as a Certified Public Accountant.

Daniel S. Rubin is a partner in the New York City law firm of Moses & Singer LLP where he concentrates his practice in domestic and international estate and asset protection planning. He has a B.A. in International Relations from the Elliot School of the George Washington University, a J.D. from Brooklyn Law School and an LL.M. in Taxation from the New York University School of Law.

Mr. Rubin has been named by Worth magazine as one of the "Top 100 Attorneys" in the nation for private clients, by Law & Politics as a "New York Super Lawyer" in 2007, 2008, 2009 and 2010, and as one of The Best Lawyers in America® for Trusts and Estates in 2009 and 2010 by U.S. News- Best Lawyers.

Mr. Rubin is the co-author, together with Gideon Rothschild, of the soon-to-be published third edition of the Bureau of National Affairs' Tax Management Portfolio on Asset Protection Planning, No. 810-3rd.

Mr. Rubin is a Fellow of the American College of Trust and Estate Counsel, the Chair of the International Estate Planning Committee of the Trusts and Estates Law Section of the New York State Bar Association, and a Director of the New York City Estate Planning Council, Inc.