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HTMLRecent Updates: Expanded Right to Introduce Fraud into Evidence to Invalidate Written Contracts
Garrett DeFrenza Stiepel Ryder LLP;
Legal Alert/Article
February 26, 2015, previously published on December 2013
Known to lawyers as the “Parole Evidence Rule”, parties to an “integrated” written contract are generally prohibited from introducing evidence outside of a contract to alter or add to the terms of that contract. An “integrated” contract simply means that the...

 

HTMLLimitations on Predatory ADA Lawsuits & New Disclosure Requirements for Commercial Landlords
Garrett DeFrenza Stiepel Ryder LLP;
Legal Alert/Article
February 26, 2015, previously published by Garrett DeFrenza Stiepel Ryder LLP     on November 2012
In an effort to curb the high number of predatory ADA lawsuits being brought against property and small business owners in California, on September 19, 2012, Governor Jerry Brown signed into law Senate Bill 1186 (“SB 1186”), a bipartisan bill sponsored by State Senators Bob Dutton and...

 

HTMLAssembly Bill No. 1103: Commercial Building Energy Use Disclosure Program
Garrett DeFrenza Stiepel Ryder LLP;
Legal Alert/Article
February 26, 2015, previously published on May 2013
As of July 1, 2013, additional disclosures may be required before your next commercial real estate transaction. Recent legislation enacted by the State of California, requires the owners of certain commercial buildings to make disclosures regarding a building’s energy usage prior to major...

 

HTMLA Borrower's Ability to Rescind a Mortgage Loan Just Got Easier
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 16, 2015
The Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. gives consumers the right to rescind mortgage loans upon their principal dwelling, until midnight of the third business day following the consummation of the transaction, or following the delivery by the creditor of the information and...

 

HTMLAnatomy Of A Tenancy Trial
Timothy P. McKeown; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 16, 2014
If you are a commercial landlord, then chances are you have a relatively good relationship with your tenants. However, there are instances where a landlord and one of the tenants fall into a toxic relationship, or the tenant simply runs into financial difficulties resulting in nonpayment of rent,...

 

HTMLDetermining the IRS’s Fair Share: Considering Discounts to Establish the Value of Interests in Artwork for U.S. Transfer Tax Purposes
William E. Keenen; Greenberg Traurig, LLP;
Legal Alert/Article
February 25, 2015, previously published on December 18, 2014
Under U.S. law, a tax generally is imposed whenever one individual gratuitously transfers an interest in property to another. This tax is computed on the value of the property interest transferred, whether during one’s life (to which the gift tax applies) or at one’s death (to which the...

 

HTMLAsbestos Could Mean Trouble for Mortgage Lending
Brayton Purcell LLP;
Legal Alert/Article
February 25, 2015, previously published on February 3, 2015
Asbestos is often seen as something that affects an individual, in an isolated incident. The fact that diseases, such as asbestosis and mesothelioma often appear long after the exposure to the asbestos containing materials occurred make their development seem singular.

 

HTMLThe Effect Of A Judgment For Possession On Other Potential Lawsuits Between A Landlord And A Tenant
Timothy P. McKeown; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 23, 2014
Generally, where there is a final judgment on the merits by a court having jurisdiction, that judgment is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit. In other words, you generally can’t have two bites at the...

 

HTML
Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores U.S. Government’s Expansive Jurisdiction

Manuel F. Gomez; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on February 3, 2015
Earlier this month, the U.S. Department of Justice filed a civil forfeiture action seeking to recover certain Louisiana real estate allegedly purchased with funds traceable to a $2 million bribe paid to a former Honduran government official in the Central American country. The DOJ’s action in...

 

HTMLInterlocutory Injunction Granted: Defendants Ordered to Stop Using Plaintiff’s Business Name
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
February 25, 2015, previously published on December 16, 2014
The Plaintiff applied for an interlocutory injunction to stop the personal Defendant and corporate Defendant, Alpha Neon Sign Consulting Ltd., from using their business name, “Alpha Neon”. The Defendants compete with the Plaintiff and have been using the Alpha Neon name in its competing...

 


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