ARTICLE
West Coast Forum 2023 | Key Takeaways
November 1 – 2, 2023
Read time: 8 min
McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum 2023 on November 1–2, 2023. Highlights and key takeaways from the sessions are summarized below.
THE HERE & NOW: CURRENT DEVELOPMENTS IMPACTING ULTRA-HIGH-NET-WORTH FAMILIES & FAMILY OFFICES
Partners Katy Crafton Fluet and Nicole M. Pearl highlighted recent developments on a wide range of legal issues potentially relevant for family offices.
- Estate tax deduction regulations: Newly proposed regulations under Internal Revenue Code (IRC) Section 2053 offer guidance on estate tax deductions relating to future expenses and claims, Graegin loan interest and amount paid pursuant to personal guaranty.
- Valuing cryptocurrency: Chief Counsel Advice Memorandum 202302012 confirmed that cryptocurrency is not a security, and a qualified appraisal is required to claim a charitable deduction under IRC Section 170. Similarly, Chief Counsel Advice Memorandum 202302011 confirmed that cryptocurrency is not a security eligible for a loss deduction under IRC Section 165(g).
- CA directed trust statute: California recently enacted a directed trust statute (Cal. Prob. Code Section 16600), which will go into effect on January 1, 2024.
- No basis step up for irrevocable grantor trusts: Rev. Rul. 2023-2 confirmed that assets held in an irrevocable grantor trust at the time of a decedent’s death which are not included in the decedent’s gross estate will not receive a basis step-up by reason of the decedent’s death.
- Merger impact on stock valuation: In Baty v. Commissioner, the government conceded that merger negotiations should not be considered in valuing contribution of publicly traded stock to a grantor-retained annuity trust.
- Defined value clauses: The Tax Court’s decision in Sorenson v. Commissioner offers valuable lessons in the planning and administration of transfers involving defined-value clauses.
- Greenbook proposals: Various proposals included in the US Department of the Treasury’s 2024 “Greenbook,” while unlikely to become law prior to the 2024 election, indicate areas of interest to the current administration. Notable proposals address valuation discounts, limitations on the benefits of generation-skipping transfer tax exemption, restrictions on certain annuity trusts and distributions from private foundations to donor-advised funds (DAFs).
SUCCESSION – THE SEQUEL: DEALING WITH THE AFTERMATH OF DYSFUNCTIONAL FAMILY RELATIONSHIPS
During this session, Partners Robert Barton and Laurelle M. Gutierrez addressed how family dynamics, pre-death conflicts and post-death conflicts lead to legal battles that may be mitigated and/or avoided by communication in the planning phase. The panelists identified a variety of situations that lend themselves to legal disputes in order to assist clients with their estate planning and end-of-life considerations.
- Family dynamics: Disputes often arise from dysfunctional family relationships, miscommunications, cognitive or physical deterioration of a relative, geographic isolation or abandonment, personality issues, miscommunications and marital disputes.
- Pre-death conflicts: Undue influence is a common type of litigation/controversy that arises when someone in a position of power or authority coerces or pressures an individual to make or change a will/trust. Elder abuse is another common type of litigation/controversy, usually arising from the physical, mental or financial abuse by a care custodian on an elderly individual. Importantly, this claim does not require malicious intent. Standing by a beneficiary to contest a will/trust arises as soon as the trustor becomes incompetent, and the trustee now is required to inform the beneficiaries of the incompetency and to provide a copy of the will/trust to the beneficiaries.
- Post-death conflicts: Will/trust contests often occur after death by upset family members with unmet expectations. Importantly, “no contest” causes don’t always save the plan. Intentional interference with expected inheritance is a tort claim that can be brought if a will or trust contest cannot be successfully brought. Breach of fiduciary duty is a claim that can be brought against a trustee for failure to conform with multiple duties including, but not limited to, loyalty, impartiality and disclosure.
- Avoiding the battles: Communicate your estate plans, assets and trusts every year, if not more frequently, to your loved ones and intended beneficiaries to avoid potential legal battles. It helps to address the equal, not equitable, division of assets and control. Tools to assist avoiding legal battles include negotiated estate plans and the use of entities that manage inherited property independently of family, such as corporate fiduciaries or family offices/private trust companies.
LABOR LAW & PRIVACY: TOP FIVE STRATEGIES FOR MANAGING WORKFORCE RISK
Employment Partners Christopher A. Braham and Christopher Foster discussed navigating employment law and privacy issues for family offices. They explored proper worker classification, structuring employing entities and relationships to mitigate and control risk, strategies to ensure worker confidentiality, proactive communication, and conflict resolution tools and techniques.
- Classifying workers: When classifying workers as employees or independent contractors, the best practice is to generally presume workers should be employees with limited exceptions. This helps to minimize the risk for potential liability, penalties, audits and negative unwanted publicity from a misclassification claim.
- Liability exposure: To manage and reduce exposure for liability, it is important to clearly designate and structure the employing entity and relationships to service recipients.
- Applicant/employee evaluation: During evaluation of an applicant/employee, best practices include checking references, conducting background checks, and ensuring compliance with federal and state background check and antidiscrimination laws.
- Confidentiality: Confidentiality is critical from hire to separation. Develop a tailored strategy for confidentiality agreements, policies and practices and managing separations.
- Managing claims: To manage employees effectively and reduce the likelihood of claims, and to reserve defense in the event of a claim, it is critical to provide (and document) candid performance assessments.
- Resolving conflict: Strongly consider use of arbitration and dispute resolution agreements and terms to help resolve conflicts and protect confidentiality.
MEGA DONORS: PLANNING FOR MULTIMILLION DOLLAR CHARITABLE GIFTS
During this session, Partners Elizabeth R. Glasgow and Kathryn C. Gose discussed recent trends in philanthropy, highlighting one high-profile donor’s method of “trust-based philanthropy.” The panelists also discussed their guiding principle in advising on charitable giving: Clients should apply the same scrutiny and attention to detail brought to for-profit transactions to their philanthropic gifts.
- Donor due diligence: Public charities remain an attractive option for mega gifts, but large public charities are increasingly subjecting potential donors to rigorous vetting processes before accepting large gifts.
- DAF caution: DAFs remain a flexible charitable vehicle for gifts; yet, as the 2021 Fairbairn case demonstrates, DAF flexibility has limits. DAF donors must be prepared to relinquish ultimate control of the donated assets.
- Gift agreements: Gift agreements should be as carefully and thoroughly negotiated as any for-profit transaction. Mega donors wanting to make restricted gifts should carefully consider the scope of the restriction, benchmarks, contingencies and enforcement mechanisms.
- Remember, remember the disqualified person: The identity of “disqualified persons” can change over time. When funding private foundations and other vehicles potentially subject to excise taxes, donors need to keep track of ongoing risks. Remain on guard!
- Gifting with business interests: Charitable vehicles face practical and tax obstacles when holding business interests. Planning for the donation of a business interest should include planning for its disposition by the charity.
CTA, FINCEN & FBARS, OH MY!
Partners Daniel J. Bell and Chris Nason discussed the existing foreign reporting requirements and the newly passed Corporate Transparency Act. They reviewed best practices on reporting, ongoing compliance, and consequences for failure to file and disclosure.
- Foreign reporting requirements: There are numerous existing reporting requirements applicable to individuals and entities which own foreign assets, receive gifts from foreign people or have interactions with foreign trusts. While some reporting obligations can be easily determined, there are some that require in-depth analysis. Maintaining awareness of reporting triggers and thresholds is important in helping individuals and entities stay apprised of changes that could subject them to reporting from year to year.
- Information disclosure: The Corporate Transparency Act imposes a new reporting requirement effective January 1, 2024. This reporting requires disclosure of information about entities organized or doing business in the US, their beneficial owners and controlling persons. Reporting will be due as soon as within 90 days of entity formation for entities created in 2024. The system and mechanism for e-filing are still under development.
- Reducing exposure: Individuals and entities should take the time now to understand new or existing reporting requirements. Doing so will help ensure that reporting is completed in a timely manner.

Private Equity General Counsel Summit 2023
IN-PERSON
Private Equity General Counsel Summit 2023
New York, NY
November 29, 2023
November 29, 2023
You’re invited to McDermott’s Annual Private Equity General Counsel Summit in New York City!
Please join us for an evening of dinner, idea-sharing and networking with other private equity GCs at New York City’s fine dining staple, Fasano, featuring historic Northern Italian cuisine passed down in the Fasano family since 1902.
Among the participating GCs, we will dig into the critical issues, best practices and major trends presently on the minds of GCs.
This is an invite-only event and has limited capacity. RSVP today to reserve your spot. We hope to see you there!

TEI Chicago Chapter International Tax Forum 2023
IN-PERSON / SPONSORED
TEI Chicago Chapter International Tax Forum 2023
Chicago, IL
November 16, 2023
November 16, 2023
The TEI Chicago Chapter International Tax Forum 2023, co-presented by McDermott Will & Emery and PwC, was held on was held on Thursday, November 16. The panels covered a wide range of topics relevant to companies operating internationally across various industries, including a policy update.
Discussion topics included:
- US Tax Current Developments – What’s on the Horizon
- Foreign Tax Update – What You Need to Know (Non-Pillar Two)
- Lunch & Learn: Tax Policy
- Planning for Pillar Two
- Cross-border M&A and Financing Considerations
- Business Transformations – Realigning the Supply Chain

Healthcare Investment Insights: Navigating Recent Developments
IN-PERSON
Healthcare Investment Insights: Navigating Recent Developments
New York, NY
November 16, 2023
November 16, 2023
Join us for an exclusive briefing tailored for our top private equity (PE) clients, where we will explore recent developments shaping the healthcare industry and their impact on PE investments.
The McDermott team will provide in-depth insights into three critical areas: antitrust matters, emerging transaction approval requirements and essential healthcare compliance updates, and will share key strategies to successfully navigate this complex landscape.
During this dynamic session, you’ll have the opportunity to engage with our experienced PE, antitrust, healthcare and litigation lawyers experts, participate in a dedicated Q&A session and network with your peers at a cocktail reception. Don’t miss this chance to connect, learn and stay at the forefront of the ever-evolving healthcare industry.
To register, please contact Sydney Sparks.

Key Takeaways | Looking Ahead to 2024: Global Labor and Employment Legal Update
VIRTUAL
Key Takeaways | Looking Ahead to 2024: Global Labor and Employment Legal Update
Webinar
December 6, 2023
December 6, 2023

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. During this webinar, McDermott’s employment team took a dive into the most pertinent legal updates of 2023 and shed light on uncertainties to prepare employers for the year ahead. The discussion covered new laws taking effect in 2024, explored key developments impacting the workforce and advised on what employers can expect heading into the new year.
Ensure your company is prepared by reviewing the checklists of key takeaways from each segment of the webinar.
Topics included:
- Key updates in Germany, France and the UK
- State and federal legislative changes and expansions to paid sick leave, workplace violence laws, drug testing, industry-specific minimum wage increases and more
- Artificial intelligence advancements impacting labor and employment
- Traditional labor developments including joint employment, independent contractors and recognition without elections
- Considerations for managing your workforce and protecting your business in the narrowing noncompete landscape
- The overall impact on your workforce classifications, written policies, practices and employee handbook updates for 2024

Exits: Running an Auction Process to Drive Competitive Tension and Maximise Returns
IN-PERSON / VIRTUAL
Exits: Running an Auction Process to Drive Competitive Tension and Maximise Returns
London and Virtual
November 28, 2023
November 28, 2023
During this interactive workshop, our speakers will provide valuable insight on the following topics:
- Current market trends and the 2024 outlook for exits
- Strategies for preparing a portfolio company for a successful exit
- Running an auction process to drive competitive advantage and yield higher returns
- Effectively managing the due diligence process, including through vendor due diligence
- Allocating risk throughout the exit process
This workshop will take place in our London office and breakfast will be provided. If you are unable to join us in person, please join us virtually by registering via the Zoom link.
This series is open to all but will be particularly beneficial to junior and mid-ranking executives and will also provide an opportunity for these executives to network with their peers.
We look forward to seeing you there!

Life Sciences Dealmaking Symposium 2023
IN-PERSON
Life Sciences Dealmaking Symposium 2023
Boston, MA
November 9, 2023
November 9, 2023
Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration.
Why Attend?
Discover actionable, in-depth programming curated by industry professionals, brought to you by the leading life sciences law firm. Gain invaluable insights into the most pressing transactional trends and developments shaping the life sciences deal market.
Connect with the best in the field.
Rub shoulders with senior-level decision-makers you want to meet, including C-suite executives, general counsel, deal lawyers, senior business development executives, investors, founders, and other strategy leaders.
Hear from innovation-driven speakers.
Hear from industry veterans including keynote speaker, Paul Hastings, the Immediate Past Chair of the Biotechnology Innovation Organization (BIO) and President and Chief Executive Officer of Nkarta, Inc., a leading cell therapy company combatting cancer with natural killer (NK) immune cells.
This year’s Life Sciences Dealmaking Symposium is not to be missed! We hope you can join us in Boston.

West Coast Forum 2023
IN-PERSON
West Coast Forum 2023
Los Angeles, CA and San Francisco, CA
November 1 – 2, 2023
November 1 – 2, 2023
McDermott Will & Emery’s Private Client West Coast Forum 2023 was held on November 1–2. Two half-day events took place in Los Angeles (November 1) and San Francisco (November 2). At these interactive programs, experienced McDermott partners led discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors.
AGENDA
- The Here & Now: Current Developments Impacting Ultra-High-Net-Worth Families & Family Offices – Katy Crafton Fluet and Nicole M. Pearl
- Succession – The Sequel: Dealing with the Aftermath of Dysfunctional Family Relationships – Robert Barton and Laurelle M. Gutierrez
- Labor Law & Privacy: Top 5 Strategies for Managing Workforce Risk – Christopher A. Braham and Christopher Foster
- Mega Donors: Planning for Super-Sized Charitable Gifts – Elizabeth R. Glasgow and Katie C. Gose
- CTA, FINCEN, & FBARs, Oh My! Evolving Disclosure Duties – US Companies + Foreign Assets – Daniel J. Bell and Chris Nason
To view the full agenda, please click here.
To view the key takeaways from the event, please click here.

Family Office Tax Roundtable 2023
IN-PERSON
Family Office Tax Roundtable 2023
Chicago, IL
October 19, 2023
October 19, 2023
At McDermott Will & Emery’s 11th annual Family Office Tax Roundtable, our esteemed lawyers explored strategies to optimize tax planning and avoid common pitfalls. From transfer tax planning and charitable deductions to deferred compensation and multijurisdictional relationships, dynamic sessions provided insights on the latest trends and guidance on tax planning for family offices ahead of 2024.
Discussion topics included:
- Tax-Efficient Investments & Investment Structures
- Mind the Gap: Avoiding Costly Missteps in Charitable Planning & Administration
- Is Your Private Trust Company Crossing the (Tax) Line?
- Stuck Like Glue: Using LTI & Deferred Compensation to Attract & Retain the Best Family Office Employees
- Steering the Supertanker: Thoughts on Tax Planning and Structuring with Large Estates

Let’s Look at the Progress: 2023 State Privacy Laws Recap
VIRTUAL
Let’s Look at the Progress: 2023 State Privacy Laws Recap
Webinar
October 26, 2023
October 26, 2023
This has been a busy year for privacy legislation, with dozens of states deliberating consumer privacy bills. Today, 13 states have their own consumer privacy laws, a tally that climbs to 15 if we include the health privacy bills that passed in Washington and Nevada. Despite little progress at the federal level, the US Securities and Exchange Commission finalized rules around cybersecurity, and the Federal Trade Commission maintains its unwavering commitment to privacy enforcement.
In this webinar, David Saunders and Sabrina Guenther Frigo, Associate General Counsel – Privacy & Data Management at CUNA Mutual Group, reviewed the legislative year to explore what might be in store for the future of privacy legislation.
Key takeaways included:
- Conducting a close review of the applicability thresholds and definitions of the new and emerging state laws will be important. Companies should consider all their encounters with consumers in a particular state, including through their products, services and website interactions. Documenting this analysis is a helpful exercise to demonstrate to regulators (and to private parties in states like Washington where there is a private right of action) that a certain state’s law does not apply.
- The state privacy law model is continuing to evolve as states pass new laws. Newer laws are increasingly moving toward more rigorous requirements (e.g., opt-in consent for use of sensitive personal information). Data protection impact assessment requirements are becoming more detailed, with states drawing upon the requirements of other states’ laws and regulations in drafting their requirements.
- Businesses should assess whether the time has come to adopt a national approach to compliance with data privacy laws. With 13 state laws now in effect, companies should seriously consider whether adopting a national approach based on the highest level of compliance is easier than accounting for potentially 20 different state privacy laws by the end of 2024.
- Despite the lack of comprehensive privacy rules at the federal level, federal agencies have been actively using their authority to regulate corporate privacy practices. While we are unlikely to see a federal privacy law passed in 2024, we can expect to see federal agencies continuing to exercise their authority in the privacy space.