Articles
The Reverse Exchange
The Reverse Exchange By Charles Darwin Davidson, Jr. Two primary reasons for a reverse exchange are: 1. Exchanger must purchase replacement property before the sale of relinquished property; and 2. The purchase price (without making improvements) of the replacement property is not sufficient for a complete deferral of tax. A reverse exchange is [...]
INSTALLMENT SALES AND ALTERNATIVES
Installment Sales and Alternatives By: Charles Darwin Davidson, Jr. When an investor must sell real estate but cannot find a cash buyer, he or she may have to settle for installment payments. Before agreeing to an installment sale, the investor should (1) compare the alternatives (i.e. cash sale, installment sale and §1031 transaction), (2) gauge [...]
Arbitrators’ Decision Is Final
April 12, 2011 By: Benjamin Kent An effective way for businesses to reduce the inevitable risk of litigation and inevitable cost of litigation is to utilize an “Arbitration Clause.” When inserted correctly into an agreement between parties, the “Arbitration Clause” can act as a specific agreed-upon road map to efficiently guide the parties through possible [...]
THE NAKED TRUTH ABOUT OVERTIME, THE FAIR LABOR STANDARDS ACT AND INDEPENDENT CONTRACTORS
February 22, 2011 By: J Paul Davidson The most litigated issue under the Fair Labor Standards Act (FLSA) is whether an employee is an independent contractor or not. This classification is important for several reasons, including the fact an employer is not required to pay overtime wages to an independent contractor under the FLSA. Many [...]
DESPITE AN EMPLOYEE HANDBOOK, EMPLOYEES STILL HAVE THE RIGHT TO SUE…KIND OF
22 November 2010 By: J. Paul Davidson If you are reading this article, you already know the handbook has become the proverbial sword that can be wielded by either side in litigation. Like most contracts, however, parties are often unaware of the provisions found within their handbook and often fall victim to language and agreements [...]
REVERSE 1031 EXCHANGES
29 November 2010 By: Daniel Roda Most investors have heard of a 1031 Exchange – a tax-deferred exchange of “like-kind” property under Section 1031 of the Internal Revenue Code. This regulation provides that no gain or loss be recognized on certain property exchanges. The exchanged property must be “like-kind” and must be held for business [...]
Accuracy in Chapter 7 Exemptions
4 November 2010 By: Benjamin Kent One of the main fundamental principles underlying the public policy of any bankruptcy is to allow the Debtor a “fresh start.” With this in mind, the Bankruptcy Code allows for a Debtor to disclaim from the bankruptcy estate certain types of interests in property, such as a car or [...]
Off-the-Shelf Software and Shrink-Wrap Licenses
26 October 2010 By: Robert Fahr, Jr. A recent federal court case in the Ninth Circuit emphasizes the restrictions on software. In Vernor v Autodesk, the Court considered whether Mr. Vernor had the right to sell used copies of Autodesk AutoCAD software on eBay. Vernor argued that he had the right to sell the copies [...]
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