Articles

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...

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...

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...

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...

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...

Investments in tenancy-in-common interests ("TIC") in real estate have been exploding. While TIC investments provide significant benefits, including preserving the ability to dispose of or acquire such properties as part of a Section 1031 tax-free ex...