Publications

NEVADA'S NEWLY ESTABLISHED INTERMEDIATE APPELLATE COURT

In November 2014, voters in Nevada voted to amend the Nevada constitution to create an intermediate appellate court. Until the passage of this amendment, Nevada was one of ten states that did not have an intermediate appellate court.

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HOW TO PARTITION REAL PROPERTY - THE BASICS

It is common for two or more individuals or business entities to hold title to real estate as co-owners, also known as "tenants in common." In this type of ownership, each party owns an undivided interest in the whole. This may work well as long as the parties agree on what to do with the property. But what happens when the relationship sours or the parties otherwise reach an impasse?

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YEAR IN REVIEW - 2014 KEY EMPLOYMENT LEGISLATIVE LAWS

Employment related legislation was big in 2014. The Legislature once again passed a number of pro-employee bills that are worth reading about. While this list is not exhaustive, it provides an overview of the key legislation employers should be aware of. In case you are tempted to skip this article, remember that the State of California expects employers to know and understand all laws that are passed that may affect your employees. So keep reading!

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EXCLUDED DRIVERS IN NEVADA

In Nevada, although an individual is expressly excluded as a driver in an insurance policy, if the excluded individual drives the car with the owner's permission, the insurance company must cover at least the statutorily required minimum coverage.

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BLURRED LINES: MAINTAINING SEPARATENESS BETWEEN COMPANIES

An issue that sometimes arises in the employment cases we handle concerns whether an employer/employee relationship really exists between the parties. The reason this comes up is because the employee sues not only the employer, but also all of the companies who are affiliated with the employer, such as parent companies, franchisors, or other businesses owned by the same family.

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CAR ATTEMPTS TO PROVIDE BROKERS ADDITIONAL LIABILITY PROTECTION

This November, the California Association of Realtors ("CAR") is coming out with a new standard Residential Purchase Agreement ("RPA"). The new RPA contains revisions to its Financing, Loan Contingency, and Termite sections.

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UNDERSTANDING SUCCESSOR LIABILITY

In acquiring some or all of the assets of another entity, companies must be careful to avoid being exposed to liability as a successor to the predecessor entity. Structuring the transaction as an asset purchase had been an effective method of protecting a buyer from a seller's liabilities.

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TIME FOR ANOTHER RESIDENTIAL REAL ESTATE BOOM AS FNMA RELAXES IMPACT OF PRIOR FORECLOSURE, SHORT SALE AND BANKRUPTCY

Since 2007, maneuvering through the murky waters of government-backed mortgage-finance policies seemed to be nearly impossible for borrowers and real estate professionals alike. Whether you were seeking a short sale from your lender, or you were a borrower forced to endure the painful experience of foreclosure, the end result to your credit was the same.

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COCHRAN V. SCHWAN'S HOME SERVICES, INC.: EMPLOYER MUST REIMBURSE REASONABLE PERCENTAGE OF EMPLOYEE'S CELL PHONE BILL

On August 12, 2014, the California Court of Appeal issued a sweeping opinion in Cochran v. Schwan's Home Services, Inc. (2014) 228 Cal.App.4th 1137. The Court discussed the issue of whether an employer must reimburse an employee for the reasonable expense of mandatory use of a personal cell phone for work purposes, or whether the reimbursement obligation is limited to situations in which the employee incurred an extra expense that he or she would not have otherwise incurred absent the job.

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