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2012


Issues to Consider for Foreclosure or Deed-in-Lieu of Foreclosure Involving Subdivision and Condominium Properties

Issues to Consider for Foreclosure or Deed-in-Lieu of Foreclosure Involving Subdivision and Condominium Properties

January 31, 2012

No two distressed projects are exactly alike. There are myriad issues and traps that can be avoided with careful and early planning. This checklist highlights many of the significant issues that must be addressed by lenders foreclosing on residential, commercial, or mixed-use subdivision and condominium properties.

Incorporating the Appellate Practitioner into Your Litigation Team Early in the Litigation Process

Incorporating the Appellate Practitioner into Your Litigation Team Early in the Litigation Process

January 26, 2012

When crafting a litigation strategy, litigants can benefit from working with an appellate practitioner from the inception of litigation. This article, by Jack Reiter, provides an overview of the support that appellate counsel can provide during the litigation process, at trial, and in connection with post-trial proceedings -- whether to challenge an adverse result or to sustain a victory.

Taking Number Five In a Civil Proceeding: What You Need To Know

Taking Number Five In a Civil Proceeding: What You Need To Know

January 25, 2012

This article, by attorney Marissel Descalzo, discusses the circumstances under which a party to a civil action may invoke the Fifth Amendment, how it may be invoked, and possible sanctions a court may impose on a party defendant or plaintiff as a result of its use.

Doing Business in Israel: Business Resources

Doing Business in Israel: Business Resources

January 19, 2012

We find these Israel-related links helpful.

E-Discovery: Shifting the Costs of Compliance

E-Discovery: Shifting the Costs of Compliance

January 13, 2012

Determining whether cost-shifting is appropriate requires the court to conduct a case-specific, factual analysis. However, the steps in this article, by attorney Adrian Felix, should help guide you through the general process of preparing a motion to shift discovery costs in response to a broad e-discovery request.

Out of Houston? The Venue Argument in the Skilling Case

Out of Houston? The Venue Argument in the Skilling Case

January 13, 2012

This article, by Walter Bush and Christopher Freeman, tracks the proceedings in Skilling from the trial court through the Supreme Court.

Capitol Report: The Collection of Sales Tax on Internet Purchases Is on the Policy Table, But It Will Struggle for Attention

Capitol Report: The Collection of Sales Tax on Internet Purchases Is on the Policy Table, But It Will Struggle for Attention

January 10, 2012

Florida does not actively attempt to enforce the collection of sales/use taxes on Internet purchases, or from other remote out-of-state retailers. Florida law is very specific and says that if the sales tax is not collected at the time of sale, the purchaser is required to remit a use tax directly to the state; but there is no active enforcement of this requirement. Collection proponents assert it is necessary to require the remote vendors to collect the sales tax at the time of sale in a way that would not violate the Federal Constitution. This issue of Capitol Report reviews the odds for passage.

E-Discovery Links

E-Discovery Links

January 10, 2012

Our E-Discovery team finds the following resources useful.

NLRB Rules Against Class Action Waivers

NLRB Rules Against Class Action Waivers

January 9, 2012

The NLRB has issued a ruling that class action waivers of workplace claims can amount to an unfair labor practice under the National Labor Relations Act—that is, such waivers are unlawful. This ruling is highly controversial in light of recent charges of political maneuvering at the NLRB and because it may conflict with a ruling on arbitration waivers issued by the Supreme Court last year.

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