Publications Archives

How to Partition Real Property - The Basics

Posted on January 10, 2015

By: Lance A. Adair

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?

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. 

Excluded Drivers in Nevada

Posted on January 9, 2015

By: Melissa Bright

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.

Blurred Lines: Maintaining Separateness Between Companies

By: Laura C. Hess

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. The employer wants to carve these affiliated entities out of the case and shield them from the lawsuit.

CAR Attempts to Provide Brokers Additional Liability Protection

By: Anna Greenstin Kudla

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. Most notably, the RPA has a new larger Scope of Duty section designed to protect brokers. Paragraph 18, entitled "BROKERS," identifies compensation rights, sets parameters for scope of duty, and addresses the real estate professional's representative capacity.

Admissibility of Expert Testimony in Nevada publications

Nevada's rule on the admissibility of expert witness testimony is codified in Nevada Revised Statute 50.275, which states that a qualified expert witness may testify as to matters within that expert's scope of knowledge, so long as such testimony will assist the trier of fact to understand the evidence or determine a fact in issue. While the Nevada Legislature laid the foundation to allow expert testimony to be presented and granted judges the discretion as to whether to allow such testimony, it was not until Hallmark v. Eldridge (2008) 124 Nev. 492, that the Nevada Supreme Court gave further clarification on the factors judges were to consider when admitting expert testimony evidence. 

Time for Another Residential Real Estate Boom as FNMA Relaxes Impact of Prior Foreclosure, Short Sale and Bankruptcy

Posted on October 7, 2014

By: Anna Greenstin Kudla

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. Eventually, real estate professionals were turning away most borrowers with a foreclosure, bankruptcy, short sale, or deed-in-lieu on their credit record. Homeowners with disparaging credit were advised that foreclosures and short sales can stay on a credit report for up to seven years, making it difficult (if not impossible) to qualify for a reasonable loan. Conversely, struggling homeowners were watching their homes decrease in value while trying to avoid foreclosure or short-sale alternatives.

Cochran v. Schwan's Home Services, Inc.: Employer Must Reimburse Reasonable Percentage of Employee's Cell Phone Bill

Posted on September 25, 2014

By: Laura C. Hess and Sachiyo Miller

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. The answer is that partial reimbursement is always required.

Understanding Successor Liability

Posted on October 7, 2014

By: Richard C. Hatem

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. However, buying a business in this fashion is no longer a sure way of acquiring the assets free of all liabilities. The courts have now identified several exceptions which could lead to unintended liability.

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