Now is an important time to review your estate plan and accompanying Power of Attorney and Health Care documents. If you have moved from a different state, there are different statutory forms and there may be different estate tax planning issues that are relevant in one state but not in another. At Rucci Law Group we can review your current documents and advise what changes, if any, you may want to consider.

By Kate Diehm

Our 2020 economy continues to bump along, and business as usual has been turned on its head. People in every industry and role have had to pivot and redefine how they deliver goods and services—including content creators, who find that some of their income channels have closed, at least for now.

So what’s a content developer or creative to do? In some cases, they’re turning to enforcing their intellectual property rights with greater intention and taking action. Since copyright law includes statutory damages, proven copyright infringement can be an easy way for content creators to increase their income. In fact, we’ve seen an uptick in cease and desist letters sent to businesses alleging copyright infringement.

With digital information-sharing and social media muddying the waters, it can be difficult to recognize copyright infringement when you see it. Simply stated, it is the use of a third party’s intellectual property by a person or a business—including their written work, fine artwork, or, most commonly in the age of the internet, photographs. Just because something is available online, and technology makes it easy to copy and paste, does not mean those written or visual assets are legally available to use.

The bottom line: If you are using images or verbiage copied off of the internet without asking for permission or paying for a license, you may be guilty of copyright infringement. This is especially the case if you are using these assets to promote your business, whether in print or digitally. Your business can be liable for damages even if one of your employees or contractors copied the image.

Here are some guidelines to keep in mind to make sure you’re on the right side of the law in your public communication:

• Only use images that you have the right to use in your marketing materials. These could include images that you create yourself, images that you hire a photographer to create for you, or images that you license, such as those from a stock photo website.
• Keep records proving where your content comes from, including copies of your agreements with photographers—especially those that note any restrictions on the use of the photographs they create for you—and copies of license agreements for any images you purchase rights to use.
• Remember that the copyright rules apply to more than just pictures; video is also subject to copyright, as is written content. Make sure you are not copying and pasting written content from other places to use in your marketing materials.

Copyright infringement can carry hefty statutory penalties, so it’s a good idea to share these guidelines with your business associates and employees, to keep your practices legal and your business protected through this unprecedented time.

For more information about business law, please contact Kate Diehm at [email protected] or 203-202-9686 ext 205.

Congratulations to George A. Reilly for being recognized again this year by Connecticut Magazine as a Super Lawyer. The lawyers are selected through peer nominations and evaluations combined with independent research. Selections are made on an annual, state-by-state basis. The magazine’s objective is to create a credible, comprehensive and diverse selection of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

George A. Reilly has been elected to the position of President of the Board of Directors of the Norwalk Community College Foundation. George has been a member of the board since 2012. The Foundation raises, invests, administers and distributes funds for programs and scholarships that give all students the opportunity for self-improvement and intellectual growth and engages the community to share talents and resources with the college.

Rucci Law Group was a sponsor once again this year of the New Canaan Rotary Club Lobsterfest in October. The event took on a different look this year with curbside pick-ups, but it was a success!

Congratulations to Kathryn E. Diehm for being included as a Rising Star for the fifth year in a row in New England Super Lawyers Magazine.  No more than five percent of attorneys from each state are included in Super Lawyers designation for any given year. The multi-factor selection process includes independent research, peer nominations and evaluations, as well as professional achievement in legal practice.

Small business owners should be aware if they receive a letter in the mail with an “official” looking invoice for annual reports due to the State of Connecticut.  Closer inspection reveals that these are being sent by a company called “CFS” and there is a notation in the fine print that “CFS is not a government agency”.  These invoices should be ignored.

Rucci Law Group handles the annual filings for many of their clients and others file the reports on their own behalf through the Secretary of the State’s website.

The Connecticut Secretary of State will not normally send unsolicited mailings to business owners seeking payment for annual reports. In general, the Secretary of State only communicates via the email on file for the business. If there is no email on file, the Secretary of State’s office will send a postcard reminding the business to file its annual report online but it will not mail the form or request for payment via regular mail.

It is very important that business owners comply with state filing regulations regarding their business. If you have any questions regarding the status of your company or your filing obligations, please reach out to the attorneys at Rucci Law Group who will be happy to go over the process with you and help you decide if you need assistance.

We’ll talk about it another time. I don’t know where to begin. We’re not wealthy enough to need one. Those are just a few of the reasons why family members often put off conversations about estate planning. In fact, the prevalence of estate planning has trended in the wrong direction in recent years: While almost half of Americans said they had an estate planning document in 2017, in 2020, that number is down to less than one-third (Caring.com survey).

The good news: In these times of uncertainty more people are finding time for these important conversations. Everyone benefits from estate planning, regardless of your age, income or the size of your “estate” or nest egg. Ultimately, estate plans serve to protect you and your loved ones, ensuring that your wishes are carried out. And certain fundamental elements of estate planning apply to almost everyone.

Here are some essential elements of estate planning to include in your conversations with family members and your attorney:

A Will
A will provides a blueprint for asset distribution upon your death—and, for families with minor children—clear instructions for children’s guardianship in the event of tragedy. It both ensures your wishes will be honored, and avoids a complex and costly probate process, where decisions would be left to courts and Connecticut laws without regard to your wishes.

While a will may seem simple enough to complete using a DIY online service, there are considerations—such as evolving statues, witness and notary requirements, and other specifications that may not be addressed by those services. So use caution when it comes to creating a will without the help of an attorney, since an improperly executed will may be invalidated by the probate court—and the decedent will be considered to have died without one. 

The Health Care Proxy and Power of Attorney
It’s also important to make your health and financial wishes clear in the event that you are no longer able to make decisions for yourself. That’s where a power of attorney and a health care proxy come in.

Naming a power of attorney appoints someone who will act on your behalf for financial matters while you’re still living—including paying your bills if you are hospitalized, or managing your finances if you are incapacitated. A springing power of attorney literally springs into action if certain events occur, while a durable power of attorney is in place right away, until you rescind it. Either way, appointing a power of attorney ensures your financial wishes are observed in the context of unforeseen events.

In addition to making sure your financial wishes are honored, a healthcare representative is a vital element of your estate plan. A living will and a healthcare proxy will give a loved one the authority to make medical decisions on your behalf, and the medical community a clear indication of your wishes. This is not only important for older adults, but vital for young adults as well, as they turn 18 and head to college. Once 18, young adults are entitled to privacy when it comes to their medical records; a healthcare proxy and power of attorney are necessary to ensure that parents, can get information about their children’s medical condition and help make critical decisions for them, if needed.

Write Now, Revisit Later
Your estate plan, including the above documents, should be revisited every 3-5 years as your situation evolves; factors such as children reaching 18 and changes to your health status and financial situation will impact their verbiage. It’s also critical to name a successor representative, in case your primary choices are not able to handle the role.

Outdated documents can interfere with your representatives’ ability to ensure your needs are met; hospitals and financial institutions may even refuse to honor documents considered too old. All the more reason to see this unusual time as an opportunity to prioritize estate planning.

Please contact Michele Gartland or Marianne Cirillo directly with any questions or email us at [email protected].

Our stay-at-home routine may have provided some time for reflection for you and your spouse resulting in a renewal of your commitment to each other.  Unfortunately, that reflection may have also resulted in a reality that the “new normal” must involve moving forward with plans for dissolution of your marriage.

Currently, courts are open to handle virtually (by video conference) various aspects of divorce proceedings from beginning to final agreements.  So far lengthy and contested motions and trials are not being heard. Discussion of issues and exchange of required documents to move the matter forward should not require court intervention.

The courts are immediately available to handle abuse and parenting issues on an urgent basis, if appropriate.

It is anticipated that the new reality of the court procedures will encourage “alternative dispute resolution” (ADR) processes including the collaborative divorce model, mediation and arbitration. Both parties in the divorce should understand the differences in the usual route through the court (litigation) and the several ADR processes, including collaboration.

George Reilly has specialized training and experience in litigation and the collaborative divorce model, handling many cases dealing with marital property ranging from modest to ultra-high net worth.  In the collaborative approach the parties commit to working out all issues among themselves with 4-way video conferences and other arrangements rather than in a courtroom.  The parties plan the agenda for the issues to discuss, and they engage other resources such as financial planners and parenting coaches to assist the parties as appropriate.  The parties agree to complete disclosure of all necessary documents without intervention of the court.  Time is managed more carefully by the parties and their counsel than is possible in court resulting in savings in legal fees.  The focus is on comprehensive resolution of all support, property and parenting issues.

George Reilly has been practicing matrimonial law in Fairfield County for more than thirty-five years. For more information, please contact him at 203-202-9686 x254.

It would have surprised no one if residential real estate had come to a dead halt when Governors from every state instituted stay at home orders and required schools and businesses to close. But in Fairfield County, Connecticut the real estate market has exploded due to an influx of new home buyers interested in moving out to the suburbs. Local real estate brokers quickly adapted to the times and arranged virtual tours in lieu of open houses. The Real Estate Section of the Connecticut Bar Association worked closely with Governor Lamont to put Executive Orders in place to make sure that legal services, as well as other services relating to real estate, could continue to function such as using virtual notarization so that documents can be executed via a video conference call and still be valid for recording. At Rucci Law Group we have closely followed each Executive Order and have swiftly adapted to the necessary changes needed to conduct business without interruption. We have been successfully guiding both purchasers and sellers through real estate transactions during this time and have a team of attorneys and paralegals in place to rise to the challenge of this demanding market. If you are a seller considering putting your home on the market or a buyer interested in moving into the area, give us a call. These times require some flexibility but the processes are in place to keep transactions running smoothly to a successful closing.

Similarly, zoning work is moving forward in our local communities thanks to the hard work of the Zoning Section of the Connecticut Bar Association, working with the Governor, to craft guidelines for online public hearings. If you are a homeowner or business owner in need of zoning review or approval, be assured projects are being scheduled and public hearings are taking place remotely. Flexibility and patience with new procedures remains key but the work is getting done and projects are being approved.

If you need assistance with real estate or zoning related issues, please contact Amy Zabetakis.

Kate Diehm, Regent of the Abigail Hinman Chapter of the Daughters of the American Revolution, participated in a grave marking ceremony for Daniel Eldredge on July 4, hosted by the Nathan Hale Branch of the Sons of the American Revolution at the Crary Burial Ground in Mystic, Connecticut.  Five revolutionary war patriot graves were marked: Capt. Daniel Hubbard Burrows, Jr.; Capt. Nathan Crary, Jr.; John Babcock; Sergeant Daniel Eldredge/Eldridge; and William Holdredge. In addition, the Nathan Hale Branch presented the Military Service Medal to Alex Metz.

It wasn’t the graduation Michele Gartland imagined when she bought plane tickets and made hotel reservations months before, but when the day finally arrived, nothing could diminish the celebration of her son’s accomplishment. Jack Gartland graduated from Stanford University on June 14, 2020. To all who celebrated a high school or college graduation this year, we send our congratulations to your graduate on this exciting milestone!