Entering into a retail deal, regardless of whether it involves a lease, ground lease, or pad sale, takes optimism. Each party enters into a new venture that it fully expects will be a mutual success. Unfortunately, the success of a retail...
ALI CLE Articles
WETLANDS REGULATIONS
A wetland is an area of land that is either covered by water or saturated with water for at least part of the year. The depth and duration of this seasonal flooding varies. There are various types of wetlands, generally categorized as either...
SUBJECTIVE DETERMINATION AND OBJECTIVE
DETERMINATION FOR CLAIMING A WORTHLESS
SECURITY LOSS DEDUCTION
Tax counsel often advise taxpayers to apply Internal Revenue Code (Code) section 165(a) to claim an income tax deduction for an uncompensated loss sustained during the tax year. An uncompensated loss occurs when the taxpayer receives insurance...
VALUATION OF REAL PROPERTY WHEN THERE HAS BEEN A RECENT PURCHASE PRICE
In any trial to determine the value of real property, whether it be an eminent domain taking, or an application to reduce assessed taxes, a recent sale of the parcel will be extremely relevant. If a sale was an open market transaction with a buyer...
CONVERSATION WITH AN EXPERT: LARRY KATZENSTEIN
This is the first in a series of interviews between Rajiv S. Khanna, principle of The Law Offices of Rajiv Khanna, and leading practitioners across the country designed to provide personal and professional insights into various areas of the law....
WHO GETS THE FEE WHEN COUNSEL IS DISCHARGED IN A CONTINGENCY CASE—DISCHARGED COUNSEL OR SUCCESSOR COUNSEL?
When a client terminates its legal representation in a contingent fee matter without cause, and subsequently retains new counsel from a different firm, the Rules of Professional Conduct related to the division...
TRUSTS FOR BENEFICIARIES WITH ADDICTION AND MENTAL ILLNESS ISSUES (WITH SAMPLE PROVISIONS)
When thinking about their estate plans, parents typically want to treat their children equally. This is true even when a beneficiary is struggling with addiction or mental illness issues. Of concern are beneficiaries who suffer from addictive or...
WHO AM I TO SAY? A LAWYER’S DUTY TO ASSESS CAPACITY IN ESTATE PLANNING
Can you prepare estate planning documents for a client if you are not convinced that the client has testamentary capacity? Do you have a duty to later advocate for the validity of the documents? This issue is subject to some debate. The American...
WHAT LLC LAWYERS SHOULD KNOW ABOUT FORMS —TEN QUESTIONS AND ANSWERS
State-by-state statistical analyses suggest that there are presently at least 12 million US LLCs in good standing. It is reasonable to assume that at least 500,000 additional US LLCs will be formed by the end of 2022 and in every year thereafter....