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Think Twice Before Reusing Those Plans: The Lessons To Be Learned From LGS Architects, Inc. v. Concordia Homes
Apr 24, 2006
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Most people know that software, movies, and music are protected against unauthorized copying by U.S. copyright laws. But since at least 1990, constructing habitable buildings from architectural plans is also considered to be "copying" the plans, and...
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PLI 2006: Using Prejudgment Remedies to Preserve Nonresident’s United States Assets During Foreign Litigation
Mar 29, 2006
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I. introduction: Prejudgment remedies A. Prejudgment remedies may be used to secure a nonresident defendant's assets in the United States to allow for enforcement of a judgment which may be later obtained in pending litigation not only in forum liti...
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Using Letters of Intent in Commercial Real Estate Transactions: Tool or Miscue
Jan 01, 2005
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Depending on the type of transaction, a letter of intent has many other names, including term sheet, memorandum of understanding, agreement in principle, binder, and commitment letter. Regardless of the name, the function is the same: to outline th...
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Avoiding Boot When Funding Cash Reserves in Exchange Transactions
Jan 01, 2005
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It is often assumed that if a taxpayer receives cash in a tax-free exchange, the cash must be boot. It can be quite frustrating when a replacement property-lender requires that reserves be funded at closing, and funding those reserves with cash crea...
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Don't Undermine Your Trial Persuasiveness With Document Admissibility Issues
Jun 01, 2004
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This article was published in the Summer 2004 edition of the Oregon State Bar's Litigation Journal. One of the keys to an effective and persuasive trial presentation is to reduce, if not eliminate, the need to provide a proper foundation for the adm...
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Seller: Insure Thyself (For $50), Purchase a Seller's Policy of Title Insurance
Jan 01, 2004
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Whenever property is sold, whether a residence or a skyscraper, title insurance is involved. Most people do not even notice. Typically, one of the seller's expenses in the sale of real property (land or buildings) is the cost of a policy of title i...
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