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Noncompete Agreements and the Inevitable Disclosure Doctrine

…or data that is actually treated like a secret and provides an enterprise with a valuable and competitive edge over those who do not know the secret. Trade secrets can take the form of something as mundane as a listing of customers and their contact information, to something as unique as the recipe for your favorite soft drink. A trade secret can take the form of a document or a…

If I sign an oil and gas lease, how long will it last?

…term into secondary term by achieving something less than production. Did the company actually meet the exploration requirement? What actions must the company take to diligently achieve production in the secondary term? These questions, and many others, are reasons why you should contact an attorney to review a proposed OGL before you sign it or to ensure the company is complying with the provisions of an already executed-OGL.    …

Choose Your Moving Company Wisely

…to help consumers down the road and advise other brokers in the real estate industry so that these moving companies can be avoided in the future. See also, How to File a Complaint Against a Moving Company. Contact me if you have questions about hiring a moving company, need your proposed moving company contract reviewed, or if you have issues with your moving company that requires assistance from an attorney….

Why Buyers need Title Review

Why Buyers need Title Review. 12/7/17: Why Buyers need Title Review. This webcast explores what false reasoning people might use to rationalize not using a lawyer to review the title when they purchase real estate. https://youtu.be/oPs0PdO7sJo…

Teenagers and Parenting Time (Visitation)

…order. The penalty or remedial phase of a case, when a parent does not comply with a court order, is called a “contempt proceeding.” In 2017, the Colorado Court of Appeals decided in the case titled “In re Marriage of Dean,” that “[a]lthough it might be difficult to compel a child, particularly a teenager, to comply with a court-ordered parenting plan, this does not excuse a parent from making reasonable…

Service Animals in the Workplace

…truly qualifies as a service animal. Finally, readers should be aware that there are important differences between “service animals” regulated under the ADA and Colorado law, and “assistance animals” governed under the Fair Housing Act (FHA) in the context of housing and public accommodations. Confusion arises due to the fact that the terms “service animal” and “assistance animal” are often used interchangeably by landlords and public housing authorities, even though…

Landlord’s Guide to Handling Tenant Requests for Assistance Animals

…person making the request has a disability, landlords should know that a disability is “physical or mental impairment” that “substantially limits a major life activity.” Housing providers may ask individuals who have disabilities that are not readily apparent or known to submit reliable documentation of a disability. A housing provider may not ask an applicant or tenant to provide access to medical records. Next, the housing provider should determine whether…

Counter Proposal Destroys Power of Acceptance

A Counter Proposal Destroys the Offeree’s Power to Accept the Initial Offer https://youtu.be/UbNNbDl6FKE When a Buyer or Seller counters an offer from the other side, it can’t count on having a second bite at the apple. The counterproposal destroys the ability to accept the original offer, even if the acceptance deadline in the original offer has not expired. Watch how this legal notion plays out with real world examples. Related…

Buyer Contingencies

“free look” contingencies. The buyer must have an objection that fits an appropriate and relevant objection. In the same way that drivers might frequently get away with speeding, buyers might get away with using contingencies inappropriately, especially in a market in which sellers might be able to easily resell the property to someone else. Yet when sellers are disappointed with the buyer back out, all it takes to engage an…

Weyerhaeuser Joists and Formaldehyde

Homeowners that purchased a home with joists installed after December 1, 2016 are being rapidly removed to alternate housing or have had their closings delayed due to Weyerhaeuser joists that are coated with formaldehyde. The contaminated joists are the TJI ® Joists with Flak Jacket ® Protection. On July 18, 2017, Weyerhaeuser issued a statement regarding the joists stating that it had determined that the issue only pertains to the…

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