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" ... As to the first, protected series LLCs have their own requirements separate and apart from the series organization, and these requirements must be strictly followed for the internal liability shields to arise ― you can't just "mail it in" as sometimes can be done with an ordinary LLC. You can't be the least bit sloppy or lazy with a series LLC. This also requires a deep understanding of how a series LLC works and what must be done to comply with all these requirements. It also requires a recognition that courts at least initially are going to be highly skeptical of this new legal creation and will closely look for technicalities to vitiate the internal liability shields. ... "
" ... Fair enough, at least on the facts presented in Thomas. Defendant Wade Thomas was a self-described “financial consultant in New York City” who defrauded the pastor of a church “located in a low-income area of Memphis, Tennessee” when the pastor sought help to obtain financing for a family life center. Given these facts, it is difficult to fault the Second Circuit’s ruling that the purported “foolishness” of the pastor could not “vitiate[] Thomas’s fraudulent intent.” As a result, the Second Circuit found no error in the district court’s restriction of cross-examination along these lines (where defense counsel could not explain the legal relevance), and likewise approved a mid-trial jury instruction regarding the irrelevance of the pastor’s lack of vigilance. ... "
" ... · As part of its discussion the Court reasonably noted that the fact that there is also estate tax savings from the transaction will not vitiate the existence of a significant nontax factor. ... "