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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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Jonathan Gopman

Jonathan Gopman

Partner

American Momentum Bank Center
8625 Tamiami Trail North
Suite 202
Naples, FL 34108
jonathan.gopman@nelsonmullins.com

Jonathan focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs. He assists them with their personal and business planning needs at all phases of the wealth accumulation and preservation cycle. In his practice, Jonathan takes a four-part approach to wealth preservation planning by assisting individuals in implementing sophisticated estate planning, tax deferral, tax-favored...

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Jonathan focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs. He assists them with their personal and business planning needs at all phases of the wealth accumulation and preservation cycle. In his practice, Jonathan takes a four-part approach to wealth preservation planning by assisting individuals in implementing sophisticated estate planning, tax deferral, tax-favored investment, and asset protection structures. Jonathan’s personal practice emphasizes international wealth preservation planning. He has substantial experience in assisting high net worth families with international and domestic estate planning, implementing foreign trust structures, business planning, and general tax planning.

Jonathan is the originator of the idea for the statutory tenancy by the entireties trust (commonly referred to as a “STET,” a term he coined) that is set forth in § 3574(f) of Title 12 of Chapter 35 of the Delaware Statutes. This statute was enacted into law in Delaware in July 2010 and became effective on Aug. 1, 2010. A substantially similar version of the statute in Delaware enabling the creation of a STET was passed in Nevis by the Nevis Island Assembly on May 27, 2015. Jonathan was the primary draftsperson of that statute for the government of Nevis. Jonathan’s articles, commentaries, and presentations have also served as the impetus for changes to the trust laws of several states. In calendar years 2011 through 2015, Jonathan assisted the government of Nevis in revising its trust laws set forth in the Nevis International Exempt Trust Ordinance by rewriting a significant portion of the Ordinance. This legislation was enacted on May 27, 2015 by the Nevis Island Assembly. He was the only attorney in the United States selected by the government of Nevis to work and consult on this project. In 2013, Jonathan also assisted in revising the charging order statute set forth in the Nevis Limited Liability Company Ordinance. In calendar year 2015, Jonathan was appointed by the Minister of Finance of Nevis to the Nevis International Exempt Trust Ordinance Advisory Committee. This committee is charged with advising the Minister of Finance and the government of Nevis on issues related to the Ordinance and amending and modernizing the Ordinance on an annual basis.

Jonathan Gopman

investment, and asset protection structures. Jonathan’s personal practice emphasizes international wealth preservation planning. He has substantial experience in assisting high net worth families with international and domestic estate planning, implementing foreign trust structures, business planning, and general tax planning.

Jonathan is the originator of the idea for the statutory tenancy by the entireties trust (commonly referred to as a “STET,” a term he coined) that is set forth in § 3574(f) of Title 12 of Chapter 35 of the Delaware Statutes. This statute was enacted into law in Delaware in July 2010 and became effective on Aug. 1, 2010. A substantially similar version of the statute in Delaware enabling the creation of a STET was passed in Nevis by the Nevis Island Assembly on May 27, 2015. Jonathan was the primary draftsperson of that statute for the government of Nevis. Jonathan’s articles, commentaries, and presentations have also served as the impetus for changes to the trust laws of several states. In calendar years 2011 through 2015, Jonathan assisted the government of Nevis in revising its trust laws set forth in the Nevis International Exempt Trust Ordinance by rewriting a significant portion of the Ordinance. This legislation was enacted on May 27, 2015 by the Nevis Island Assembly. He was the only attorney in the United States selected by the government of Nevis to work and consult on this project. In 2013, Jonathan also assisted in revising the charging order statute set forth in the Nevis Limited Liability Company Ordinance. In calendar year 2015, Jonathan was appointed by the Minister of Finance of Nevis to the Nevis International Exempt Trust Ordinance Advisory Committee. This committee is charged with advising the Minister of Finance and the government of Nevis on issues related to the Ordinance and amending and modernizing the Ordinance on an annual basis.

Jonathan focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs. He assists them with their personal and business planning needs at all phases of the wealth accumulation and preservation cycle. In his practice, Jonathan takes a four-part approach to wealth preservation planning by assisting individuals in implementing sophisticated estate planning, tax deferral, tax-favored... investment, and asset protection structures. Jonathan’s personal practice emphasizes international wealth preservation planning. He has substantial experience in assisting high net worth families with international and domestic estate planning, implementing foreign trust structures, business planning, and general tax planning.

Jonathan is the originator of the idea for the statutory tenancy by the entireties trust (commonly referred to as a “STET,” a term he coined) that is set forth in § 3574(f) of Title 12 of Chapter 35 of the Delaware Statutes. This statute was enacted into law in Delaware in July 2010 and became effective on Aug. 1, 2010. A substantially similar version of the statute in Delaware enabling the creation of a STET was passed in Nevis by the Nevis Island Assembly on May 27, 2015. Jonathan was the primary draftsperson of that statute for the government of Nevis. Jonathan’s articles, commentaries, and presentations have also served as the impetus for changes to the trust laws of several states. In calendar years 2011 through 2015, Jonathan assisted the government of Nevis in revising its trust laws set forth in the Nevis International Exempt Trust Ordinance by rewriting a significant portion of the Ordinance. This legislation was enacted on May 27, 2015 by the Nevis Island Assembly. He was the only attorney in the United States selected by the government of Nevis to work and consult on this project. In 2013, Jonathan also assisted in revising the charging order statute set forth in the Nevis Limited Liability Company Ordinance. In calendar year 2015, Jonathan was appointed by the Minister of Finance of Nevis to the Nevis International Exempt Trust Ordinance Advisory Committee. This committee is charged with advising the Minister of Finance and the government of Nevis on issues related to the Ordinance and amending and modernizing the Ordinance on an annual basis.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience

  • Former Chair, Trusts & Estates Practice Group, Naples office of national law firm (2011–2021)
    • Former Naples Office Managing Partner

Education

  • University of Miami School of Law, LLM, Estate Planning (1991)
  • Florida State University College of Law, JD (1990)
  • University of South Florida, BA, Political Science (1986)

Admissions

  • Florida
  • North Carolina
  • U.S. Tax Court
  • U.S. District Court for the Western District of North Carolina

Practice Areas

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • American College of Tax Counsel, Fellow
  • American Bar Foundation, Fellow
  • American Bar Association
    • Real Property, Trust and Estate Law Section
    • Asset Protection Planning, Co-Chair (2015–2017), former Vice Chair
  • Adjunct professor in taxation, Ave Maria Law School, Naples, Florida
  • Ave Maria School of Law, Curriculum Advisory Committee, Member
    • Estate Planning Day Conference, Permanent Member
  • Leimberg Information Services, Inc. (LISI), Commentator on Asset Protection Planning Matters
  • Society of Trust and Estate Practitioners (STEP), Member
  • Interviewed and quoted in numerous articles in well-known publications such as the New York Times, Bloomberg Magazine, Forbes Magazine, Wealth Manager Magazine, and the Elite Traveler

 

  • Bascom Palmer Eye Institute, Advisory Board
  • Champions for Learning Leadership Council of the Education Foundation in Collier County, Fla.
  • Temple Shalom of Naples, Fla. Recognition Subcommittee of the Fundraising Committee
  • Children’s Hospital of Southwest Florida, Collier Advisory Council, Member
  • Commonwealth Trust Company, Legal Advisory Board, Member
  • Cystic Fibrosis Foundation - Tampa Chapter, Naples Advisory Board, Secretary
  • Lee Memorial Health System Foundation, Board of Trustees, Former Member
  • The Humane Society of Naples, Professional Advisory Committee, Member
  • University of Miami Citizens Board, Member; Executive Committee, Former Member
    • Past Chairman

 

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