In this article, I review an unpublished appellate court decision in New Jersey that illustrates the absurdity with the practice of law. In this case, the parties likely spent more than $15,000 in appellate litigation fees to reverse a trial...
Article summarizing the issues faced by continuing care retirement communities in regard to the Americans with Disabilities Act and the Fair Housing Act
It is not too difficult to Imagine the following scenario. There is bitter litigation between 2 or more parties that has dragged on for several years. Each side is represented by legal counsel, and each has spent thousands of...
On December 20, 2012, the State of Ohio passed a Legacy Trust statute. This new creditor protection will take effect on March 20, 2013 (90 days after passage).
Specifically, this statute will allow for the creation of a Trust, in your own name,...
This article finishes up our series on drafting alternative dispute resolution clauses by discussing some issues and concerns to be cognizant of when drafting arbitration clauses in particular.
This article continues our discussion of alternative dispute resolution by touching on some of the general issues to consider when drafting alternative dispute resolution clauses .
In a recent decision that merits the attention of borrowers and lenders in commercial real estate foreclosures, the New Jersey Appellate Division held that a lender's acceptance of numerous late payments did not constitute a modification to the...
This article briefly discusses the basic forms of alternative dispute resolution: negotiation, mediation, and arbitration (and the major subtypes of arbitration).
Determining whether a patent is infringed should entail the same process that a court would use. Generally, a court would make findings on validity, infringement, and enforceability. This article provides a list of twenty-one specific defenses to...
Today (August 29, 2012) the Securities & Exchange Commission (SEC) released its long-awaited proposed regulations for public advertising of Rule 506 offerings. This is pursuant to the JOBS ACT that was signed this past April. It is...