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Securities Law Considerations for Trusts and Estates Advisors: Part IISecurities Law Considerations for Trusts and Estates Advisors: Part II

Reporting and short-swing profit rules applicable to insiders

20 Min Read
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As trusts and estates advisors, we often counsel our high-net-worth (HNW) clients in connection with wealth transfers of their interests in various types of entities. In Part I of this series,1 we discussed the U.S. securities law considerations for trusts and estates advisors in connection with common estate-planning vehicles investing in private investment funds. In addition, trusts and estates advisors should be aware of potential reporting and short-swing profit rules applicable to transactions involving interests in publicly traded companies, for clients who are considered “insiders” under Section 16 of the Securities Exchange Act of 1934 (the Exchange Act).  

Specifically, if a client owns a significant interest in, or serves as a d...

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About the Authors

Arlene Osterhoudt

Associate, Skadden, Arps, Slate, Meagher & Flom LLP

Arlene Osterhoudt is an associate at the New York City office of Skadden, Arps, Slate, Meagher & Flom LLP.

Ivan Taback

Partner, Proskauer Rose LLP

 

Ivan Taback is a Partner in the Personal Planning Department and a member of the Private Investment Funds Group. Ivan concentrates his legal practice in the fields of federal estate, gift and generation-skipping taxes, charitable trusts, estate and trust administration and fiduciary litigation. His practice extends to matters involving all aspects of sophisticated planning and wealth preservation for families and individuals. He has extensive experience in the preparation and administration of wills and trusts, and the formation and reorganization of closely held corporations, partnerships and limited liability companies.

Ivan has counseled clients in connection with estate planning for private equity and hedge fund managers and is a well-known lecturer on this topic. He has substantial experience counseling clients on estate planning opportunities that arise in connection with the sale of privately held businesses.

In addition, Ivan has extensive experience with all types of life insurance planning, including split-dollar arrangements. He has prepared prenuptial and post-nuptial agreements, powers of attorney and health care proxies. Ivan has administered large and complex estates in New York, New Jersey, and Florida, as well as other states, and has handled numerous IRS estate tax audits. He also has been involved in many Surrogate's Court proceedings.

Ivan also advises individual and corporate fiduciaries in connection with the planning and administration of substantial and complex trusts and estates.

Ivan has co-authored numerous publications, including Starting a Limited Liability Company (published by John Wiley & Sons, Inc.) and several articles that have been published in the New York Law Journal and the New Jersey Law Journal, and has appeared on Bloomberg Television.