Legal Knowledge
Taxation for Foreign Real Estate Investors
If you are a non-US person living outside the US and are considering investing in US real estate it's important to understand taxation for foreign real estate investors. It's equally important to remember that the information is not a substitute for personal tax...
The Decision in Google v. Oracle
Six months after oral arguments were heard in the matter of Google LLC v. Oracle America, Inc., the Supreme Court of the United States (SCOTUS) has issued a decision.[1] However, despite the nearly unprecedented level of speculation that surrounded what the impact of...
What’s in a Name? Avoiding Promoter Liability in Pre-Incorporation Contracts in Presley v. Ponce Plaza
A corporation must file the necessary paperwork with the Secretary of State to be incorporated. The incorporation process might take some time, and while this process is pending, the individuals forming the corporation may need to sign purchase orders, leases, or...
Can Computer Code by Copyrighted?
The issue of whether or not computer code is subject to copyright protection has finally reached the Supreme Court of the United States (SCOTUS).[1] Although the particular court case surrounding this controversial issue has only been making its way through the...
Special Rules for Rental Applications for Members of the Armed Forces
Military members are afforded certain protections and benefits while in active duty, including protections relating to housing and accommodations. For this reason, landlords need to be aware of the laws that can affect the landlord’s relationship with its military...
Sarbanes Oxley & “Adequate Internal Controls”: Safeguarding Confidential Information in an SEC-Mandated Blackout
In 2002, the United States Congress passed the Sarbanes-Oxley Act (the “Act”) of 2002 to combat corporate and accounting fraud.[1] The Act was passed in response to a series of corporate bankruptcies and other scandals that occurred in previous years, the Enron...
Landlord and Tenant Obligations to Maintain Residential Property in Florida
The landlord-tenant relationship involves more than the exchange of rent payments for access to residency. In Florida, when a landlord and tenant enter into a lease agreement, they agree to be bound by a plethora of terms, whether express in the agreement or imputed...
Can a Landlord ask for Proof of a Dog’s ADA Service Animal Status?
Service dogs[1] aid people with disabilities so that they can fully participate in daily life routines and activities. Dogs can be trained to perform many significant tasks to assist people with disabilities. These service dogs offer support to people with physical...
The Tort of Appropriation
Consequences and Avoidance Strategies In the age of the internet, successful marketing and advertising requires businesses to be able to immediately capture the attention of potential customers. Often, this can be accomplished by using a familiar face or voice in...
The Significance of an Owner’s Affidavit in a Real Estate Purchase
When a person sells a house, vacant land, or other pieces of property, there are certain requirements that must be followed. Most states require an affidavit of title. An affidavit of title is a document specifying that a property seller owns the property.[1] In...
FIRPTA: What Foreign Investors of US Real Estate Need to Know
Non-U.S. individuals and corporations investing in real estate within the United States will need to be familiar with one of the biggest challenges facing foreign nationals involved in U.S. real estate: the Foreign Investment in Real Property Tax Act (FIRPTA). FIRPTA...
Can a Business Sue for a Bad Review?
The Confluence of Free Speech and Free Enterprise In the digital age, the culture surrounding how a business is “reviewed” by a customer or patron has become one of the most determining factors of a businesses’ success. The growing popularity of websites such as Yelp,...
McConville v. SEC: Widening the Net through Falsities and Scienter
McConville v. United States involved a petition for review of an order of the Securities and Exchange Commission (“SEC”) finding violations of several sections of the Securities Exchange Act of 1934 by the chief financial officer of Akorn Incorporated.[1] Akorn...
OCIE Risk Alert Cautions Registered Funds to Address Deficiencies
Recently, the Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert listing the deficiencies and weaknesses found most often by the agency while examining registered investment companies (“funds”).[1] The Risk Alert also includes observations...
Housing Cooperatives: What UHF v. Forman Means for Securities Regulation and Real Estate Investors
When it comes to real estate, although significantly different from owning a condo or renting an apartment, individuals may consider investing in a housing cooperative[1] (often referred to as “co-op”). In considering whether to do so, purchasers should determine...
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