In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the property’s cash flow and identify any potential risks or liabilities. However, determining whether tenants are indeed adhering to their lease obligations or if the lease documentation provided by the seller is complete and up-to-date, poses a challenge. This is where the estoppel certificate comes into play. An estoppel certificate is “[a] signed statement by a party (such as a te ..read more

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands permitting program violated federal law. The court’s decision, which came as a result of a lawsuit filed by seven environmental groups, including the Center for Biological Diversity, Defenders of Wildlife, and the Sierra Club, signals a pivotal moment for environmental conservation. The Violation of the Endangered Species Act: The underlying action challenged in the litigati ..read more

In Michigan, every document submitted for recordation with a register of deeds must adhere to MCL 565.201.  Among these requirements, the first line of print on the first page of the instrument must display a single statement identifying the recordable event associated with the instrument (MCL 565.201(1)(f)(ii)).   The statute explicitly states that after April 1, 1997, a register of deeds cannot record an instrument if its Identifying Statement identifies multiple recordable events (MCL 565.201(3)). This poses a challenge for Michigan practitioners, particularly lenders, as man ..read more

In a typical real estate transaction, there’s often a critical period between the closing and the official recording of documents—a period aptly known as the “gap.” This “gap” introduces a degree of risk, leaving room for unexpected encumbrances like liens or adverse judgments to rear their heads before the ink dries on the transaction documents. Naturally, the longer the gap, the broader the scope for potential issues. Attorneys representing buyers or lenders will want to ensure that their client’s title policy covers the gap period. This can be accomplished by clarifying in the escrow closin ..read more

In a recent legal development, the 11th US Circuit issued a consequential verdict in Shen v. Simpson, a federal lawsuit challenging Florida’s Conveyances to Foreign Entities Act (SB 264), which restricts individuals from China and other “foreign countries of concern” from owning real property in the state. This ruling has far-reaching implications for the constitutional aspects surrounding real estate transactions within Florida. The genesis of this legal process traces back to May 2023, when a group of Chinese individuals filed a lawsuit challenging the constitutionality of SB 264. Enacted on ..read more

It is very likely you know someone who exhibits narcissistic tendencies. The person who feels they are always right, lacks empathy for others, and is obsessed with power and control. Most of the time, we can ignore those tendencies, overlook them other times, and in many cases, just avoid the person entirely. However, when you are married to a narcissist, or living with one, the emotional abuse that results can have damaging effects on not just the marriage, but your entire self-worth. The effects can leave you feeling powerless, submissive, and dependent on your abuser. You end up sacrificing ..read more

How much child support a parent owes and what can be taken as a credit towards child support obligations are common questions in family law matters.  A large expense, which could result in a large child support deduction — or even its elimination, comes from payment of private school tuition. In Tennessee, child support awards are governed by the Tennessee Child Support Guidelines (“Guides”).  The Guides have the force of law and their purpose is to ensure children receive support reasonably consistent with their parents’ financial resources.  Guides 1240-02-04-.01(3)(e).  ..read more

On November 9, 2022, the Alcohol Tax and Trade Bureau (TTB) issued an Advance Notice of Proposed Rulemaking, the next step in the process requested by President Biden under Executive Order 14036 (“Promoting Competition in the American Economy”). The TTB seeks public comment on trade practice regulations, “tied house” laws, and more. President Biden issued Executive Order 14036 in July of 2021, ordering the TTB to investigate anti-competitive effects of current alcohol rules and consider making, amending, or repealing any current alcohol rules with the intent to promote competition in the Ameri ..read more

Alcohol and music, like peanut butter and jelly, just go together. And, the potential income that alcohol generates is nearly unlimited because alcohol is often marked up substantially – sales of alcoholic beverages at live music events can account for 80-90% of the venue’s revenue! Unfortunately, the artist does not enjoy any of the alcohol revenue generated by the venue due to legal regulations and restrictions. Luckily, there is an opportunity for a musician to benefit from the alcohol markups by venturing into the alcohol industry. Many musicians and other celebrities have been taking matt ..read more

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that terr ..read more