Although it may seem that accurately defining the leased premises in a lease should be a relatively straightforward task, we have recently witnessed several instances when the definitions and space calculations of the premises,…more
It is time for a brief refresher on retaliation claims. Consider:
• According to the EEOC, for fiscal year 2010, there were more retaliation charges than any other type of charge.
• Several years ago, the U.S. Supreme…more
By now, employers with at least 15 employees should know about Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). Among other things, GINA prohibits covered employers from requesting an employee’s…more
For years I have coached employers on the advantages of getting the employee’s side of the story before deciding whether to terminate. For governmental employers, this is a matter of due process. For others, it may be a matter…more
Across the nation and in Indiana, class action wage claims are exploding. And why not? Federal and Indiana law provide for awards of two or three times the amount of unpaid wages, plus attorneys’ fees for successful plaintiffs…more
Many owners of Indiana commercial real estate believe their assessments, and thus their property taxes, are inflated due to market forces and eroded property values. Such owners might be wise to consider two fairly recent…more
The EEOC’s Final Rule concerning the January 2009 amendments to the Americans with Disabilities Act (ADA) is now published (Federal Register, Vol. 76, No. 58, pp. 16978-17017) (Final Rule). The Final Rule will result in many…more
Indiana statute provides that leases for a period exceeding three years must be recorded within 45 days of execution, lest they be deemed void as against any subsequent purchaser, lessee, or mortgagee “who acquires the real…more
On December 17, 2010, the President signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 which contains, among other things, important changes to the federal estate, gift and…more
Any landlord will occasionally wonder whether it can be legally responsible for a tenant’s conduct or conditions on the leased premises. As with most legal questions, the answer is that it depends. From nuisance conditions that…more
Matt Adolay and Rob Inselberg authored a reference guide regarding steps to take when there is a commercial casualty loss. Topics of discussion include initial communications with insurers and restoration specialists, the…more
The Departments of Health and Human Services (“DHHS”), Labor (“DOL”) and Treasury (“DOT”) recently issued several regulations and commentary to implement portions of the Patient Protection and Affordable Care Act (“PPACA”) --…more
With an increase in employment litigation over termination decisions and an increase in the number of charges being filed over these terminations, Greg Kult provides a manager’s checklist for disciplining employees…more
Matt Adolay and Rob Inselberg author a reference guide on how to approach late-paying or non-paying tenants. The purpose of this article is to provide landlords and property managers with a list of issues to think about once…more
Congress’ failure to act has created much uncertainty.
The law currently provides that with respect to persons dying in 2010, there is no Federal estate tax or Federal generation-skipping tax. The Federal gift tax remains…more
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