Blogs

Business and Financial Services

A Beginner’s Guide to Equity – Part One: Procedure

Raighne Delaney shares his insights into “What is Equity” – it’s history, procedure within the law, and who it applies to.

July 18, 2019

Construction

​​Five Things to Consider When Leasing to a Restaurant Tenant

As reported by the National Restaurant Association and other industry experts, there are over one million restaurants in the United States, but the failure rate is very high (a majority close within three to five years). With online shopping and delivery becoming more and more prevalent, landlords of all types have faced increasing vacancies for…

July 16, 2019

Construction

Landlord’s Liens in Commercial Leases – Part 2

Landlord Waiver Agreement in Favor of Tenant’s Lender As noted in part 1 of this article, the commercial tenant’s lenders will also want a security interest in the tenant’s personal property to secure the repayment of the tenant’s loan obligations, creating a conflict between the lien rights of the landlord and the lender. Because of…

June 19, 2019

Construction

Landlord’s Liens in Commercial Leases – Part 1

Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant’s personal property located at the premises. The interests of the landlord and the lender are in conflict. The landlord is looking to secure the tenant’s rental obligations by taking a lien against…

June 11, 2019

Business and Financial Services

Timing IS Everything When Investing in Qualified Opportunity Funds

We have now received our second round of regulations interpreting Section 1400z-2, also known as the investment in Opportunity Zones section of the Internal Revenue Code. In our previous posts, we have provided background and tracked important developments with the program. Now and in future posts, we will highlight finer points that stakeholders should be…

June 10, 2019

Construction

Guaranty of Leases: Landlords and Tenants – Part 2

In Part 1 of this series, the definition of guaranty, the relationship between the landlord and guarantor, and the means for landlords to enforce provisions of a guaranty were discussed. Recognizing that the guaranty is a condition to entering into a lease, and its leverage is limited, the guarantor would still like to limit its…

May 22, 2019

Construction

Guaranty of Leases: Landlords and Tenants – Part 1

As a condition to entering into a new lease, landlords often require a guaranty of lease from a personal or corporate guarantor in connection with those tenant entities that do not have either a high enough net worth or annual revenue, or for whatever other reasons do not meet the landlord’s financial criteria. A guaranty…

May 16, 2019

Employment Law

EEOC Report: Workplace Sexual Harassment Complaints are Up

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its discrimination enforcement and litigation statistics for its fiscal year ending September 20, 2018. The report provides employers with a detailed breakdown of the 76,418 charges of workplace discrimination the EEOC received in FY 2018. The numbers are consistent with anecdotal reports in the mainstream media of a sharp increase in sexual harassment activity since the New York Times and The New Yorker first published…

May 10, 2019

Employment Law

When Can I Deduct from the Pay of an Exempt Employee?

To be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), an employee must perform certain job duties and be paid on a “salary basis,” meaning that the employee receives a set salary each week, regardless of the number of days or hours worked, with limited exceptions. Under the…

April 23, 2019

Employment Law

FMLA Delay? No Way.

The U.S. Department of Labor (DOL) issued an opinion letter on March 15, 2019 that answered the question of “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or expand their FMLA leave beyond the statutory 12-week entitlement.” The DOL’s answer in short: No way. Guidance from the…

March 22, 2019