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Legal Articles: Bernstein Shur

 







Document(s) published by this organization: 74


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HTMLMaine Human Rights Commission Amends Complaint Procedures
Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on February 9, 2015
Any employer that has ever been part of a Maine Human Rights Commission investigation has learned firsthand that the process can be long, frustrating and often-times unfair. Due to chronic understaffing at the Commission, the investigation process can be agonizingly slow and drag on for up to two...

 

HTMLInsurance for Defective Work Claims?In Some Cases, the New Hampshire Supreme Court says “Yes”
David P. Ray; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on January 23, 2015
The standard Commercial General Liability policy available to contractors provides insurance for property damage and personal injury claims against the contractor. All CGL policies include an exclusion for claims seeking property damage that must be “restored, repaired or replaced because...

 

HTMLCan You Lien Yourself? Sometimes the Answer is, Yes!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on December 23, 2014
In Peabody-Waterside Development, LLC v. Island of Waterside, LLC, an Illinois Appellate Court concluded that a member of an LLC could rightfully lien its own LLC to collect amounts for grading and site development work. While the concept of liening your own entity may seem strange, in the right...

 

HTMLNLRB Rules That Employers Must Allow use of Email Systems for Union Organizing
Glenn Israel; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on December 11, 2014
On December 11, 2014, the National Labor Relations Board ruled that an employer violated the National Labor Relations Act by prohibiting the use of its email system for “engaging in activities on behalf of organizations or persons with no professional or business affiliation with the...

 

HTMLFraudulent Concealment of Bad Soils Results in Entitlement to Jury Trial
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on January 23, 2015
Fraudulent concealment claims can allow a claimant to escape the legal bar of a statute of limitations. They are difficult claims to prove in court because you have to prove the undisclosed facts, and sometimes the cover up. Yet, in a case decided by the California Court of Appeals on January 15,...

 

HTMLReal Estate Tip: Foreclosure Confusion
Bernstein Shur;
Legal Alert/Article
February 17, 2015, previously published on January 8, 2015
The financial crisis has taught us a great deal about the mortgage transfer business, secondary markets and loan securitization. In the Spring 2014 issue of the Real Property, Trust & Estate Law Journal, Prof. Dale A. Whitman chronicles all we have learned since 2007. The executive summary...

 

HTMLReal Estate Tip: Should Developers Select Selective Enforcement?
Bernstein Shur;
Legal Alert/Article
February 17, 2015, previously published on December 11, 2014
Let’s say you and 20 other drivers are exceeding the speed limit and the police give you, but no one else, a speeding ticket. Analyzing your fate requires using a legal concept called “selective enforcement.” This principle both prevents you from avoiding a fine because...

 

HTMLMaine’s Crowd-funding Goes Live
Bernstein Shur;
Legal Alert/Article
February 17, 2015, previously published on January 20, 2015
On January 1, 2015, Maine’s crowdfunding rule went effective. Maine enacted 2014 P.L. Ch. 452 “An Act to Increase Funding for Start-ups” (referred to as Maine’s “crowdfunding law”) on March 2, 2014, but companies in Maine have been waiting to raise capital under...

 

HTMLReal Estate Tip: Buyers’ Blues
Bernstein Shur;
Legal Alert/Article
February 17, 2015, previously published on February 5, 2015
Buyer beware is an old warning. A recent title insurance case reminds us just how wary a buyer must be, even in 2015. In the case of IQ Holdings, Inc. v. Stewart Title Guaranty Co., 2014 WL 6601148, the buyer thought it could rely either on an escrow agent’s responsibilities, on the title...

 

HTMLA Holiday Gift from the First Circuit to Employers: Judgment Affirmed for Kohl’s Department Stores in Failure to Accommodate Case
Bernstein Shur;
Legal Alert/Article
February 17, 2015, previously published on December 30, 2014
On December 19, the First Circuit Court of Appeals issued a decision in favor of Kohl’s Department Stores in a failure to accommodate case pursued by the Equal Employment Opportunity Commission on behalf of a former employee. The case serves as a useful reminder of simple steps that...

 


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