Jaburg Wilk

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  • Can I Force My Spouse to Give Back the Ring?

    Can I Force My Spouse to Give Back the Ring?

    Video Transcript:

    Yes you can. However, you aren’t going to be very successful. Unfortunately, when you give a wedding ring it is a gift. There are cases that will talk about a conditional gift. If you have tied the knot, and you both have complied with your agreement then she gets to keep the ring. However, if you give the ring and you don’t get married there are cases that say that the condition of … Read More

    Categories: Family Law, Article

  • Equitable Subrogation and the Replacement Doctrine

    Equitable Subrogation and the Replacement Doctrine

    All real estate professionals and investors are familiar with the concept of the priority of liens.  As a general rule, when there are multiple liens recorded against a property, the one that is recorded first is "superior" to the one that is recorded later, which, in turn, is "subordinate" to the one that is recorded first.  This "ranking" of liens becomes critical if a lien is foreclosed, as upon the … Read More

    Categories: Real Estate, Article

  • Issues in Gray Divorces

    Issues in Gray Divorces

    The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing spouses. While many of the issues divorcing seniors face are similar to their younger counterparts, there are unique issues in gray divorces including the availability of Social … Read More

    Categories: Family Law, Article

  • Negotiating a Lease Renewal Option

    Negotiating a Lease Renewal Option

    Most tenants and their real estate agents who negotiate commercial leases accept that many of the terms in the landlord’s “form” lease favor the landlord.  One term, however, that favors only the tenant, and which every commercial tenant should seek to include in their lease, is an option to extend the lease term.  The reason that said term is only for the benefit of the tenant is that … Read More

    Categories: Real Estate, Article

  • The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

    The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

    It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors.  After all, it is a lot easier and saves money.  But those days may be changing.  Changes in policy and stepped up enforcement now make it highly risky for any employer to classify any individual … Read More

    Categories: Employment, Article

  • Stretching Copyright Law Too Far: A Sequence of Yoga Poses Are Not Copyrightable

    Stretching Copyright Law Too Far: A Sequence of Yoga Poses Are Not Copyrightable

    A recent case decided by the Ninth Circuit Court of Appeals, which is the federal appellate court for Arizona and California, has made a predictable determination that a sequence of yoga moves cannot be protected as intellectual property.   

    Earlier this month, the Ninth Circuit ruled that a series of yoga poses and breathing exercises are not entitled to copyright protection. The case, Bikram … Read More

    Categories: Intellectual Property, Article

  • Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

    Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

    By Jason Castle

    Lamar Odom, an NBA basketball star was recently discovered in a Nevada brothel unconscious and in critical condition. He was rushed to the hospital whereby a number of drugs were discovered in his system and he was being held in ICU. Lamar was married to Khloe Kardashian, but thought he was divorced in July, which was not accurate and why it mattered.

    For background purposes, Khloe filed for … Read More

    Categories: Family Law, Article

  • Expert Witnesses: Who Needs ’Em?

    Expert Witnesses: Who Needs ’Em?

    By Matt Anderson, Esq.

    Clients often ask whether retaining an expert witness is necessary in their case.  And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert "because we can" or "because that's how we always litigate this type of case."  But often we fail to ask ourselves the only question that matters: will … Read More

    Categories: Litigation, Article

  • The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

    The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

    By David N. Farren

    Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that expressly disavow the existence of any contract of employment or any intent to alter, amend or modify the parties' at-will employment relationship. Handbooks are also typically … Read More

    Categories: Employment, Article

  • The Defaulting Seller and a Notice of Lis Pendens

    The Defaulting Seller and a Notice of Lis Pendens

    By David Allen

    After months of searching, you have finally found the house of your dreams, and much to your delight the Seller has accepted your offer of $500,000. You deposit your $15,000 "earnest money" with the escrow company, and an escrow is opened. As part of your "due diligence" you spend $1,000 on inspections, and in anticipation of moving, you pay a moving company a $1,500 non-refundable deposit. The … Read More

    Categories: Real Estate, Article