by Chris SwiecickiDocument Retention for Small Businesses: What to Keep, How Long to Keep It, and How to Build a Defensible Policy
Understanding which documents to keep and which to throw away can often be daunting. Small business owners may commonly think that “keeping everything” is the safest option, or maybe just throwing out all their outdated files is harmless. Both strategies pose risks. One alternative strategy may keep everyone in the clear. Treating records retention as a back-office administrative task rather...
by Chris SwiecickiYour Document Retention Policy Is a Contract With Your Future Self
Business leaders are busy, and with the constant flood of tasks, document retention can become an afterthought. Without a solid documentation plan, issues begin to mount: Files accumulate. Email inboxes swell. Cloud storage expands quietly in the background. When someone asks how long records are kept, the answer is often “we keep everything” or “IT handles that.” From a legal and risk...
by Chris SwiecickiWhen Your Sales Commission Agreement Isn’t Enough: How Missouri Law Overrides Some Contract Terms
Commission agreements are an important part of running a sales-driven business. They help set expectations, motivate your team, and protect your margins. But even the clearest, most carefully drafted agreement can run into trouble if it conflicts with Missouri law. That’s because some rights, particularly when it comes to paying sales representatives, are written directly into the statutes—and...
by Chris SwiecickiThe Impact of SCOTUS Decision in Connelly v. United States on Buy-Sell and Estate Taxes
If you’re a business owner who’s ever set up a buy-sell agreement or taken out life insurance to help fund one, the recent U.S. Supreme Court decision in Connelly v. United States should give you pause. In a ruling that could carry serious tax implications, the Court held that life insurance proceeds paid to a company must be included in the company’s valuation for estate tax purposes—even if...
by Chris SwiecickiUnderstanding the Annual Gift Tax Exclusion in 2025
This article is a “plain English” draft of an article for the Bar Association of Metropolitan St. Louis. Please reach out if you would like the full copy. In our last article, we explored anticipated tax law changes for 2025. This time, we’re focusing on a powerful estate planning tool: the annual gift tax exclusion. Used wisely, it can significantly reduce your taxable...
by Chris SwiecickiWhat is the Outlook for Tax Laws in 2025?
I am again both proud and honored to be co-author with Richard Wise on this article, which first appears in the St. Louis Law Journal Blog. Any errors are mine alone. Readers who want the full version, complete with footnotes, should check out the original. During President Donald Trump’s first administration, Congress passed the Tax Cuts and Job Act of 2017 (TCJA). It is scheduled to sunset...
by Chris SwiecickiWhat to Do Now that the FTC Has Outlawed Noncompete Agreements
The Federal Trade Commission (FTC) recently issued a “final rule” that bans noncompete agreements for employees, making them largely unenforceable. This new regulation significantly impacts how businesses can protect their interests, as noncompetes have traditionally been a common tool to prevent employees from joining competitors or starting rival businesses. However, companies still have...
by Chris SwiecickiSpecial Update: Supreme Court Ruling on Chevron
The Supreme Court’s 6-3 ruling on Friday, June 28th 2024, effectively overturned a 1984 decision colloquially known as “Chevron.” This 40-year precedent directed courts to defer to a federal agency’s interpretation of laws passed by Congress that are ambiguous, so long as the agency’s interpretation is reasonable. What is the Chevron Doctrine? Chevron, U.S.A., Inc. v. Natural...
by Chris SwiecickiTax Court Holds Form Over (Controlled) Substance
I am again both proud and honored to be co-author with Richard Wise on this article, which first appear in the St. Louis Bar Journal. Any errors are mine alone. Readers who want the full version, complete with footnotes, should check out the original published by the Bar Journal. In 2017, Lonnie Wayne Hubbard, a pharmacist from Kentucky, was found guilty by a jury on multiple charges of...
by Chris Swiecicki