After years of discussion regarding how the rules of discovery proportionality might be improved, amendments to the Federal Rules of Civil Procedure became effective on Dec. 1, 2015. One of the more prominent amendments involved Fed. R. Civ. P....
Legal Journals Articles
Property Rights Primer, Part 2: Is the Condemnation Clause in Your Lease Going to Cost You?
Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But condemnation cases do happen,...
The Impact of Tax Reform on Umbrella Partnership Structures (UP-Cs)
I. INTRODUCTION Over the past 15 years, umbrella partnership structures (commonly referred to as “Up-Cs”), in which a newly-formed publicly traded C corporation (“PubCo”) acquires interests in an existing business operated in flow-through form...
Fee Mortgages in Ground Lease Transactions
Whenever Landlord and Tenant negotiate a long-term ground lease (a “Lease”), two major issues that come to mind, after the rent, relate to protection of Leasehold Mortgages and creation of a financeable Leasehold Estate. As important as those...
Employer’s Guide to Navigating ACA Reporting Requirements
Beginning in 2015, certain employers were required to report information to the IRS on an annual basis to assist the IRS in assessing penalties associated with the employer shared responsibility and individual mandate requirements of the Affordable...
Real Estate-Driven Industries and Their Impact On Real Estate Agreements and Acquisitions
Colorado is high, having more peaks within its borders than any other state. Wyoming is wide, with the breadth of the plains between the Bighorns and the Grand Tetons. California is handsome, with a splendor of success. It takes all three...
The Connection Between Movement Disorders and Trauma
Much attention has been devoted to concussion and related forms of brain trauma that produce symptoms such as headaches, memory difficulties, and pain in various parts of the body. A little known but very problematic consequence of a brain injury...
What Millennial Clients Expect When Working With Attorneys
Millennials have surpassed baby boomers to become the largest age group in the United States. Pew Research Center anticipates the group will continue growing and peak in 2036 at 76.2 million. Don’t make the mistake of imagining millennials are too...
“Hard” Tools for Controlling Discovery Burdens in Arbitration
Arbitration (and American arbitration in particular) has received increasing criticism, based largely on the contention that arbitration too closely resembles conventional litigation, producing undue burden and costs. Chief among the criticisms is...