The death of U.S. Supreme Court Justice Antonin Scalia has sparked conversations about how his opinions affected major areas of business law.
Justice Scalia left what some call a “business law legacy.” Some of his more important opinions include Morrison v. National Australia Bank, Wal-Mart Stores v. Dukes, AT&T Mobility v. Concepcion, and American Express v. Italian Colors Restaurant. These cases had major impacts on business law and litigation.
Continue reading “Justice Scalia and the Business Law World”
There are many complexities when starting a business, such as proper incorporation, complying with codes and regulations, accounting issues, and if there are employees, employment issues dependent on the number of workers. Seeking legal advice from an experienced business attorney is essential to adhering to proper laws and regulations.
One challenge in starting a business with multiple employees is the possible issue of labor unions. Labor unions have representatives who are well versed in how to organize workers, and know the ins and outs of labor law. The Department of Labor has regulations business owners must abide by, especially if the business owner is engaging in “persuader” activities.
Continue reading “Department of Labor Seeking to Make Attorney-Client Communication Regarding Labor Unions Public”
It’s the middle of the night. From the outside, the house, distant from the road but grand and stately in the moonlight looks completely dark except for a faint glow coming from one of the windows on the first floor. There he was staring at the screen of his laptop. Wife and kids, upstairs, fast asleep. He couldn’t rest, so there he is, trying to figure it out. A spreadsheet staring back at him. He’s a professional, businessman, very successful and he’s trying to figure a way out, but deep down he knows the numbers don’t lie. “How could this have happened to me?” he thinks. Continue reading “A Story of a Promising Real Estate Investing Business That Went Bad”
The basic role of Real Estate Attorney in a residential real estate closing is to carry out the deal negotiated by the client – that is (i) reduce the client’s deal to writing in the Contract of Sale, (ii) describe to the client what the key terms of Contract of Sale means, (iii) to ensure that the transaction occurs in accordance with those terms, and (iv) if it doesn’t extricate you from the transaction with the least amount of damage. Continue reading “Choosing a Residential Real Estate Closing Attorney”
Case Study: The following represents an actual commercial mortgage modification matter in which James E. Clark served as counsel. Names of parties and other identifying information has been changed to protect the confidences of the parties. The following represents a sampling of the type of work Mr. Clark has done in the past and in no way serves as a representation of any outcome in any other situation. The following is for educational purposes only. Continue reading “The Commercial Mortgage Modification”
Case Study: The following represents an actual matter in which James E. Clark served as counsel. Names of parties and other identifying information has been changed to protect the identity and confidences of the parties. The following represents a sampling of the type of work Mr. Clark has done in the past and in no way serves as a representation of any outcome in any other situation. The following is for educational purposes only. Continue reading “The New Business Venture: Entity Formation, Partnership Agreement, Negotiate Lease”
Real estate deeds are legal instruments that are used to transfer ownership of real property including the land and its improvements (such as a house or buildings) and attachments. Words used to effectuate the conveyance of property may be grant, assign, convey or warrant, but they basically all do the same thing, they transfer the interest of the person or entity selling the property to the person or entity buying the property. Continue reading “Types of Deeds in New York State”
Probate assets are those assets of a decedent that become the property of the estate of a decedent and subject to distribution to the beneficiaries of the estate under the terms of the decedent’s will or the state intestacy statute. Non-probate assets are those assets that are not a part of the estate subject to distribution because they automatically pass to another by law upon the death of a decedent or have already passed to another prior to the decedent’s death. Continue reading “Probate vs. Non-Probate Assets”
The guarantor of a lease agreement cannot be made a party to a New York summary eviction proceeding unless the guarantor also has some independent possessory interest in the property. Continue reading “Guarantors and Summary Eviction Proceedings”
Home prices are down, sellers are motivated, deals seem to be everywhere, but you are not a cash buyer, and your credit has been knocked down like many who have been struggling and overburdened with debt over the last several years. Purchasing a home outright is not a viable option, and most likely the home you are looking at is encumbered by a mortgage, so simple seller financing is not an option. Other structures such as a wraparound mortgage, and creative structuring through the use of trusts and other vehicles (both of which I will get into in a later post) might work, but you need something simple to get the deal done. Continue reading “Rent to Own – Part 1”