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The Halpern Group Archive of Articles
Plaintiff's Control over the Choice of Broker and Product
What Counsel Must Know about the USTB Structured Settlement Trust
Structured settlements do not have to use annuities issued by insurance companies. Internal Revenue Code Section 130 (the section covering tax-exempt structured settlements) provides that.....Confessions of a Trust Officer
Your case is nearing settlement. As you and your client work your way through the alternatives — whether to structure or take cash, you will probably consider the option of a trust administered by a local bank. And why not?.....Conflict of Interest: Structured Settlement Malpractice?
Seeking to expand their client base, increasing numbers of structured settlement brokers that have previously worked exclusively or predominantly for the defense are now aggressively promoting their services to plaintiff's counsel.....The Living Settlement Brochure
Litigation practice is littered with conventional wisdom, and nowhere is folly more insidious than in negotiation strategy. I, for one, am forever reassessing rules, traditions, and accepted practices, and frequently find that "conventional wisdom" is obscuring a valuable tactic. That is how I stumbled upon.....The Constructive Receipt Surprise
Confused about constructive receipt? If so, you have a lot of company in the plaintiff's bar. Constructive receipt is the tax law doctrine that says that income is taxed to you before it's actually received if it is credited to you, set aside for you, or made available to you so that you can draw on it at any time. However, there is no constructive receipt of income if....Death, Taxes and the Successful Plaintiff
The Internal Revenue Code is uncharacteristically friendly to victims of injury, excluding the money received as the result of a verdict or settlement from that most dreaded of all figures: taxable gross income. So....The Impact of the current economic decline on the management of the recoveries of Tort victims
What follows is an overview of our economic "Opinion" on the management of large sums of money in the post 9/11 environment.Using Your Demand to Take the High Ground
How to Give Plaintiffs Control of Their Destiny
Negotiation Blunders: Allowing yourself to be double-bracketed
Advising Plaintiffs on Financial Matters: A Lawyer's Dilemma
Counsel’s Peril and Client’s Salvation: Finding the Right Financial Plan for the Tort Victim
The Distortion and Destruction of ADR: A Grim Fairy Tale
The J.D. Handicap: Logic Over Training in Settlement Negotiations
Structured Settlement Kickbacks
The Perfect Plot: How the Insurance Industry Turned Victims' Pain Into Profit
Tort Reform will increase Tax Burden, Concludes Expert on Financial Aspects of Litigation Damages
I.R.S. ruling approves financial protection device for injured victims
Cost vs. Present Value Or, "Figures Don't Lie (But Liars Figure)"
Defense-Allied Brokers: No Laughing Matter
Rommel, you magnificent bastard, I read your book!
Needs-based negotiation: The Case for Arachnophobia
Unsolved Mysteries: What Are the Top Ten Negotiation Blunders, And How Can You Stop Making Them?
Tort Reform: Taxation Without Representation
What Should Plaintiff's Counsel Do?
Critical Questions of Due Diligence in Annuity-Based Structured Settlements
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