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Disclaimer

The content of this blog is intended for informational purposes only. As laws differ by jurisdiction, the information herein does not apply to every reader.

This blog is not intended to replace the role of a licensed attorney. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel.

Your use of the blog does not create an attorney-client relationship between you and any attorneys listed herein.

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Unexpected Pitfalls of Being a Delaware Landlord

  
  
  
  
Unexpected Pitfalls of Being a Landlord

by Jennifer M. Zelvin, Esq. 

The Scenario

"Hey hon, let's take this extra money and invest in some property. It's still a buyer's market and we can get some property for pretty cheap."

So this couple goes on, they find an ideal piece of real estate to purchase for the purpose of renting it out and making a little profit. After making their purchase, closing goes - they are on their way!

The obvious lies ahead…the tenant moves in, and six months later the landlord is sued

The Right to Work ≠ The Right to Fire

  
  
  
  
The Right To Work ≠ The Right To Fire

by Jason Kuller, Esq.

True story.  An employer calls an employee into his office and the following exchange occurs:

Employer: I'm sorry, we have to let you go.
Employee: But why?
Employer: Why? I don't have to tell you why. Don't you know Nevada is a right to work state?



The Impact of Video Surveillance on Workers' Compensation Cases

  
  
  
  
Video Surveillance in Workers' Compensation Cases

by Tracy W. Cary, Esq.

Video surveillance can have a devastating impact on a workers’ compensation case. How frequently it occurs is speculative but it is safe to assume that it occurs in nearly every case.

What’s New in Employer Compliance in Immigration Law?

  
  
  
  
What’s New in Employer Compliance in Immigration Law?

by Bruce E. Buchanan, Esq.

So much is happening in the world of immigration law that it's hard to determine what to discuss first. The major topics for employers are the new Form I-9, the probable passage of Comprehensive Immigration Reform, called "Border Security, Economic Opportunity and Immigration Modernization Act" (the Act), and the continued aggressive approach by Immigration and Customs Enforcement (ICE) and Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) toward employers who violate the Immigration Reform and Control Act (IRCA).

Property Management and ADA Reasonable Accommodation

  
  
  
  
Property Management and ADA Reasonable Accommodation

by Eric A. Collins, Esq. and C. Hansel Watt, Esq.

We recently represented a property management company in a dispossession action (eviction) where the tenant was suffering with significant mental illness. Initially, when the apartment was rented, the tenant’s sister had completed all of the necessary paperwork to rent the apartment.

Senate Committee Begins Markup of Comprehensive Immigration Reform Bill

  
  
  
  
Senate Committee Begins Markup of Comprehensive Immigration Reform Bill

by Andrew Wilson, Esq.

On May 9, 2013, the Senate Judiciary Committee began marking up S. 744, the "Border Security, Economic Opportunity and Immigration Modernization Act of 2013," which is comprehensive immigration reform legislation developed by the "Gang of Eight" bipartisan group of senators and introduced on April 17, 2013.

Don’t Drag Your Business Down With You When You Go

  
  
  
  
Business Succession and Planning Ahead

by Shenanne Tucker, Esq.

They say you can’t bring things from this world with you when you die. But, without proper and diligent planning, your business may be the one thing you do drag into the grave with you when you go. While estate planning and disability planning is recommended for everyone, business owners have special concerns that require additional attention and proactive planning.

Too Long Or Not Long Enough: Workers’ Compensation and the Statute of Limitation in the State of Arkansas

  
  
  
  
Too Long Or Not Long Enough: Workers' Compensation and the Statute of Limitation

by David L. Schneider, Esq.

When I was in law school, there was a professor who, when discussing a particularly thorny or difficult problem, would refer to it as being a "Serbonian Bog." In that pre-Google age, none of us knew what that was, but we were pretty sure that we didn't want to be in one (kind of like that class). But, whether you know what a Serbonian Bog is or not, anyone trying to figure out how long an injured worker has to file a workers' compensation claim in Arkansas will soon know what it is like to be in over their head.

Senate Budget Subcommittee Votes to Increase Employer Assessments

  
  
  
  
employer assessment

by Patrick S. Moody, Esq.

The State Senate Budget subcommittee recently voted to approve changes in the State Department of Industrial Relations (DIR) budget that will increase employer assessments. Several employer advocacy groups and associations have expressed their concerns that the proposal lacks transparency and does not include any mandated review to determine whether the ongoing assessments are appropriate.

Commercial Landlord’s Duty to Mitigate Damages

  
  
  
  
Factoria Mall by CityCaucus, on Flickr

by Jack Gillespie, Esq.

Where a lessee abandons a commercial leasehold, should the landlord have a duty to mitigate its damages caused by the lessee’s breach of the lease? The Ohio Supreme Court in Frenchtown Square Partnership v. Lemstone, Inc. d/b/a Lemstone Books determined that it does.

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