Document(s) published by this organization: 62
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|Risky Business? Due Diligence Hints for Bidding at a Foreclosure Auction|
Wendy J. Paradis; Bernstein Shur;
July 11, 2014, previously published on July 8, 2014Know a property being foreclosed, or see the signs and advertisements for foreclosure actions? They are everywhere. It is important to do your homework before bidding. Bid confidently by doing some pre-auction investigation.
|We Like Like-Kind Exchanges|
Nelson A. Toner; Bernstein Shur;
July 8, 2014, previously published on July 1, 2014A real estate owner who holds a property for investment or business purposes, sells the real estate and recognizes a gain. She pays the taxes on the gain at both the federal and state level and uses the remaining proceeds from the sale to purchase new real estate that will also be used for...
|The New Maine General Hospital - The Gold Standard in Maine|
Michael R. Bosse; Bernstein Shur;
June 25, 2014, previously published on June 17, 2014Construction lawyers like me are used to encountering construction projects gone bad, and sometimes, headed directly toward litigation. In this column, I wanted to focus on a large-scale recent project in Maine that was an enormous success: the new Maine General hospital. I will highlight two of...
|DEP Says You’re A PRP - How to Avoid Becoming an Environmental Acronym Casualty|
Mary Costigan; Bernstein Shur;
June 25, 2014, previously published on June 24, 2014In Maine, anyone who has owned or operated an uncontrolled hazardous substance site from the time a hazardous substance was first deposited up to the present is considered by the Maine DEP to be a potentially responsible party, or PRP. Any PRP may be held liable for abatement, cleanup, or...
|The Emperor Has No Exhibits|
June 25, 2014, previously published on June 19, 2014All of us in the real estate world, regardless of experience or sophistication, have been guilty of ignoring Exhibit A. Like the emperor who believed his invisible cloth clothing could be seen by intelligent people, our unread “invisible” exhibits can leave us exposed.
|Workplace Investigations: Tools You Can Use|
June 18, 2014, previously published on June 4, 2014Employee complaints of discrimination, harassment and retaliation in the workplace have been on the rise over the past years. Employers and administrators must be ready to respond to these types of claims. In the event of a lawsuit or a Federal or State audit, employers must also be able to show...
|Romancing the Stone: Will Shale Gas Extraction Sneak Under Maine’s Feet?|
Patricia M. French; Bernstein Shur;
June 13, 2014, previously published on June 10, 2014From 2001 to 2011, over a million leases were signed by American landowners that permit energy companies to drill for oil and natural gas on private lands. These leases burden land in states determined to have economically drillable shale resources, or in industry parlance, “plays,” and...
|Environmental Patience: Take the Time to Do It Right|
Katherine A. Joyce; Bernstein Shur;
June 10, 2014, previously published on June 3, 2014Picture this: You are negotiating the purchase of commercial real estate. You are working hard to keep costs down and get the deal done. Someone - your lawyer or your lender - starts making noises about environmental due diligence. Your heart sinks - that sounds complicated. And expensive. And...
|Real Estate Tip: The Case of the Shrinking Easement|
Richard W. Smith; Bernstein Shur;
June 10, 2014, previously published on June 5, 2014Unlike most states, Massachusetts land transactions may be “registered” in a procedure conducted at the “Land Court.” The Land Court’s own engineering department reviews survey plans before registration is final. In this particular case, Mr. Martin’s land had...
|Kennebec County v. Maine Public Employees Retirement System: An Important Ruling for Maine’s Governmental Employers|
May 30, 2014, previously published on May 30, 2014The Maine Supreme Judicial Court (Law Court) recently handed down an important ruling limiting the administrative authority of the Maine Public Employees Retirement System (MPERS). In Kennebec County v. Maine Public Employee’s Retirement System (Kennebec County), three employees of Kennebec...