Using LLCs to Protect Assets

Agenda / Content Covered

1. LLC Veil Piercing and the Alter Ego Theory
   10:00 - 11:15, Patricia Lee
   1. Veil Piercing/Alter Ego Doctrine: How an Entity's Veil Can be Pierced
   2. Similar Equitable Remedies Available to Creditors
   3. Detailed Look at the Necessary Elements and Factors for Piercing
   4. How Misuse of an Entity is Exposed
   5. Collecting the Judgment and Managing Other Post-Judgment Issues
   6. How to Avoid Top Business Practice Mistakes That Lead to Veil Piercing
   7. Litigating the Case - Key Strategies for Both Sides
2. Structuring and Funding the LLC: Advanced Asset Protection Strategies
   11:15 - 12:15, Roger J. McClure
   1. Asset Protection with LLCs - Top Attorney Mistakes
   2. Protection of Personal Assets in the LLC
   3. The Use of Single-Member LLCs to Protect Assets
3. Forming an LLC to Purchase Real Estate
   12:30 - 1:45, Roger J. McClure
   1. Primary Asset Protection Rules and Laws for Real Estate Investment
   2. Insurance Considerations, Issues and Pitfalls to Avoid - Beyond the Basics
   3. Transferring the Title to the Real Estate to Your LLC - Do's and Don'ts
   4. Critical Liability Considerations You May Not Know
   5. Creative Ways to Minimize and Eliminate Risk When Forming the LLC to Purchase Real Estate
   6. Forming an LLC to Purchase Real Estate: Entity Selection Strategies
   7. Series LLC? Single Member LLC? LLP? S-Corp? C-Corp?
   8. What are the Critical Tax Considerations Based on Choice of Entity?
   9. Principal Non-Tax Differences
4. Taxation, Reporting Traps and Tips
   2:15 - 3:00, Neal B. Jannol
5. Additional Strategies
   3:00 - 3:45, Neal B. Jannol
   1. LLC Charging Order Provision Pitfalls and Pointers
   2. Properly Capitalizing Your LLC to Meet Third Party Obligations
   3. Thoroughly Documenting the "Business Purpose" of the LLC
   4. Recent Case Law
6. Ethical Considerations
   4:00 - 5:00, Patricia Lee
   1. Fiduciary Issues
   2. Client Communications
   3. Conflicts of Interest
   4. Attorney Fees

Accreditation Details:

Neal B. Jannol is a sole practitioner in Los Angeles at the Law Office of Neal B. Jannol. He has been an attorney for more than 20 years and concentrates his practice on sophisticated estate and tax planning for individual clients, the representation of individual and corporate fiduciaries, and the administration of estates and trusts. Mr. Jannol's experience includes drafting revocable and irrevocable trusts, business succession planning, premarital planning, charitable gift planning, and all aspects of estate administration, and probate procedures. He is a member of the State Bar of California. Mr. Jannol earned his B.A. degree, magna cum laude, from the University of California at Los Angeles and his J.D. degree from the University of California at Berkeley, Boalt Hall School of Law.

Patricia Lee is a partner in the law firm Hutchison & Steffen PLLC, practicing primarily in business and commercial litigation, including, but not limited to, partnership/shareholder disputes, contract enforcement/defense, non-competition agreements, commercial lease review and litigation, family law, trademark registration and litigation, collections, mechanic’s liens/foreclosures, and medical claims billing. She is the current president of the Las Vegas Chapter of the National Bar Association Foundation and was appointed by Governor Gibbons to serve as chair of the Nevada Crime Commission. Ms. Lee is currently on the Board of Directors for the Legal Aid Center of Southern Nevada and she was named Legal Aid's Pro Bono Attorney of the Year. She became the first Nevada attorney to receive the American Bar Association’s national Pro Bono Publico Award for her demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. She earned two B.A. degrees from the University of Southern California and her J.D. degree from George Washington University Law School.

Roger J. McClure is a practicing attorney with Washington Wealth Counsellors® PC, and has more than 35 years of experience. He maintains a business, estate and charitable planning law practice based in Virginia. He has conducted civil and criminal trials in local courts, represented creditors in bankruptcy proceedings, and litigated antitrust and trade regulation cases involving the largest corporations in America in federal regulatory proceedings. Mr. McClure served 10 years in the Virginia legislature (House of Delegates) and is past president of the Northern Virginia Estate Planning Council and the Northern Virginia Apartment Association. He has published books and articles in ABA publications. Through WealthCounsel and his professional associations, he works with professionals in every state to assist their clients in solving problems and enhancing planning. Mr. McClure holds an undergraduate degree in international studies; a master's degree in political science from Northwestern University; and his J.D. degree, with honors, from The Ohio State University Law School.