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Legal Articles: Bernstein Shur

 







Document(s) published by this organization: 68


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HTMLReal Estate Tip: ALTA 34-06 - The Endorsement That Saves The Day
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
Buyers and developers who are focused on negotiating terms of transactions, projecting future income and meeting deadlines, can often ignore real estate title issues until a defect in a title threatens to derail a closing. Timing is everything and defects have a way of surfacing when the closing...

 

HTMLReal Estate Tip - Resolving Ambiguities Between Landlords and Tenants
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Courts have many ways of deciding whether a lease means what the landlord says it means or what the tenant says it means. Here are three typical techniques and examples to help resolve ambiguities:

 

HTMLNew EEOC Enforcement Guidance Gives Broad Protection to Pregnant Employees
Kelsey Wilcox; Bernstein Shur;
Legal Alert/Article
September 19, 2014, previously published on September 9, 2014
The U.S. Equal Employment Opportunity Commission recently issued new Enforcement Guidance (the Guidance) on pregnancy discrimination in the work place, shedding light on how the EEOC interprets the federal Pregnancy Discrimination Act and the Americans with Disabilities Act as it applies to...

 

HTMLHow Well Do ‘One-Size-Fits-All’ Leases Really Fit?
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
Many Maine landlords use the Maine Commercial Association of Realtors Commercial Lease as their ‘one-size-fits-all’ lease form. The form covers most topics that most landlords and tenants want to address. Landlords and tenants are understandably reluctant to re-write substantial...

 

HTMLBuying “As Is” Precludes Future Claims
Meredith Eilers; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In a decision issued on August 20, 2014 by the First Circuit Court of Appeals in Boston, the court both enforced an “as is” provision in a purchase and sale agreement and concluded that the sale of a multimillion dollar oceanfront property in Bar Harbor was not accompanied by...

 

HTMLMechanics Liens: Better Than Money Judgments
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In a recent Maine mechanics lien case, Cote Corporation v. Kelley Earthworks, the Maine Supreme Judicial Court upheld Cote Corporation’s mechanics lien judgment. In this case, Cote filed a mechanics lien against property owned by Kelley for the construction of an asphalt plant on...

 

HTMLA Field of Dreams: Imagining a Solar System in The Back Forty
Trish French; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 19, 2014
In April 2014, the Maine legislature passed The Maine Solar Energy Act, finding that solar energy development in Maine would help protect and improve the well-being of its residents, as well as provide greenhouse gas reductions and economic benefits. According to the Interstate Renewable Energy...

 

HTMLStop Being So Unreasonable!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In a recent case decided in the United States Court of Appeals for the Federal Circuit, the Federal Court considered when costs are reasonable and when they are not. Kellogg Brown and Root Services Inc. (“KBR”) entered into a contract with the Army back in 2001 to provide logistical...

 

HTMLCommercial Insurance Issues
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
Whether you’re a landlord or a tenant, insurance options for commercial real estate can be daunting. Knowing what to ask your insurance broker can save the day. This sampler of issues will help you and your broker manage risk in ways that complement the obligations in your lease.

 

HTMLCharitable Solicitation Requirements are Changing in Maine
Willette M. Elder; Bernstein Shur;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
On August 1, 2014, the State of Maine will eliminate its requirement under the Charitable Solicitations Act that all fundraising consultants, known as “professional fundraising counsel,” must be licensed by the Maine Department of Professional and Financial Regulation. This includes any...

 


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