This chapter addresses 12 basic deposition principles, mechanics, strategies, and practices, including who may be deposed, when, where, and how to get them there, limitations on the number and duration of depositions, the relationship between...
FUNCTIONAL ANALYSIS OF CAPITAL CALCULATIONS IN VALUATION AND DAMAGES DISPUTES (CHECKLIST)
Legal counsel often retain specialized analysts to perform valuation, damages, or transfer price analyses. These analyses may relate to disputes involving taxation, shareholder rights, condemnation and eminent domain, bankruptcy, all types of...
PRACTICAL FEEDBACK FROM ACTIVE DIRECTORS
There is an increasing supply of qualified candidates looking for their first board seat with a private company. Experienced directors understand how the process works, and what to expect. First-time candidates, however, are thirsty to learn how...
ATTORNEYS AND APPRAISERS MUST COLLABORATE TO PROTECT THE RIGHT TO JUST COMPENSATION
“‘… [W]hen the court adopts the standards of the market place in making valuations there is no reason why it should close its eyes to how the market place arrives at and applies the standards. …‘, ‘It is difficult to perceive why testimony, which...
ALI CLE Quick Tips: Frustration-Free Contract Drafting in Microsoft Word
Join Craig Brody for this quick hit information on how to reduce frustration when drafting contracts in Microsoft Word! https://www.youtube.com/watch?v=399NENrORI4 Interested in learning more? Be sure to catch tips like this and much more during...
IRS FINALIZES 1031 REAL PROPERTY REGS: WHAT’S IN, WHAT’S OUT, AND WHAT TO DO
The law commonly known as the Tax Cuts and Jobs Act of 2017 (the TCJA) amended section 1031 of the Internal Revenue Code of 1986 (Code) to provide that only exchanges of like-kind real property are eligible for deferral of gain. Following this...
DIRECT EXAMINATION: HOW TO DO IT EFFECTIVELY
There have been many articles written about cross examination, but there is not much that covers direct examination. As a result, what I know about direct comes from virtually the only source I have found: the school of hard knocks. And for reasons...
SERVING ON A CORPORATE BOARD: WHAT LAWYERS NEED TO KNOW
Historically, lawyers, especially while still in active legal practice, didn’t serve on corporate boards. Boards typically preferred C-suite executives—whether retired or active—as directors. Attorneys were nonetheless often “in the boardroom” in...
DO THE SECURITIES LAWS APPLY TO SMALL REAL ESTATE DEALS?
Two friends identify an attractive commercial real estate investment. They’ll form a limited liability company (LLC) for the investment and both invest. They’ll also raise more capital from friends and family, a great opportunity for all concerned....