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
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
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
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
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
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
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
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
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
What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?
By: Mervyn T. Braude
As with all community property, retirement assets are subject to equitable division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.
There are three primary forms of retirement assets – IRA (Individual Retirement Account), 401(k) and, pension assets. While the first of these assets can be divided … Read More