Practice Subgroup

Asset protection

In today's litigious society, asset protection continues to be tremendous concern. Asset protection involves strategic restructuring of personal and professional assets to shield them from lawsuits and other creditor claims. Our firm takes a critical view of asset protection planning and methodology, in an effort to differentiate practical and effective techniques from unproven or failed techniques that have little going to them except that they are heavily marketed. Successful asset protection strategies, beyond design, must also have effective implementation, administration and maintenance.

More and more professionals, including corporate officers, business owners, physicians, real estate owners, entrepreneurs and high net worth individuals are looking to create tools to insulate their assets from liability. We conduct an in-depth analysis of clients' personal and professional asset portfolios and make recommendations on how the ownership can be reorganized to maximize asset protection. Each situation is unique and mandates a customized proposal on how to best achieve protection in light of the client's opportunities and potential liabilities. Based upon the client's asset portfolio, we may recommend a limited liability company, series limited liability company, a limited partnership, or other vehicles.

Through the asset protection process we educate our clients on the reasoning behind our decision-making in determining what type of entity to utilize, where the entity should be sitused (formed), how the entity should be owned, and how it should be managed or controlled. We strategically incorporate entities sitused in states with a strong history of debtor-friendly jurisdictions - such as Delaware or Nevada.

Often times an asset protection structure also provides estate planning benefits and we work to seamlessly integrate an asset protection structure with the client's estate plan. Asset protection is never a guarantee that law suits will not arise, but rather it provides a proactive approach and allows clients to be put in a more favorable posture for future issues that may arise.