New Case Expands Shifting Trust/Trustee Attorney’s Fees and Costs to a Beneficiary’s Share of the Trust

Summary. The decision in Pizarro v. Reynoso expands the shifting of trust/trustee attorneys’ fees and costs to a beneficiary’s trust share, and in relevant part reminds us that all trust and estate litigation cases vary and are determined in significant part by the facts and circumstances of that case, the relevant case law, and the…

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9th Circuit Issues Wrongful Termination Decision

In Santillan v. USA Waste of California, Inc., a 53-year old garbage truck driver filed an action against his employer of 32 years alleging a wrongful termination claim based on age discrimination and retaliation.  Gilberto Santillan (“Santillan”) had an exemplary employee record and was rarely disciplined during his first 30 years at USA Waste of…

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When should you take your internal accounting error/mistake or irregularity/fraud investigation outside?

Most every audit committee member, in-house counsel, other board member, CEO, CFO, risk officer, and chief internal auditor will at some time consider whether an accounting related investigation that is being done internally should be taken outside. The decision to stay inside or to go outside isn’t necessarily clear, and there certainly could be differing…

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