Entries by Stephen Hammers


What triggers a “technical termination” of a business for tax purposes according to the IRS? If more than 50% of the interests in a partnership or a multi-member LLC is transferred within a 12-month period, the entity technically ceases to exist under federal tax law. That’s true even if the business continues to operate as […]

Prescriptive Easement Issue Arises Against Kind Neighbor

NO GOOD DEED WILL GO UNPUNISHED, and that is certainly the case in the law of prescriptive easements.  Here, a well-meaning property owner invited her neighbor onto her property to perform some clean-up.  She quickly realized that her offer of entry put her squarely in the sights of a future easement claim.  Her posting on […]

WEARABLE TECHNOLOGY? Workers’ wearable technology will create new headaches for business

Over the next few years, we’ll see the very rapid adoption of wearable technology – smartwatches, Google Glass, and other miniaturized connectivity devices.  It’s not hard to imagine how employees carrying and using such devices could create problems for businesses.  Think of a service employee whose smartwatch displays inappropriate text messages or images, an accounting […]

A Lesson for Landlord Attorneys: Mind the Details

The recent case of Bank of New York Mellon v. Preciado (2014 S.O.S. JAD14-06) serves as a good reminder to commercial landlords to pay close attention to details when dealing with residential evictions.  When commercial lenders take properties back by way of foreclosure, they often must deal with the unfortunate remaining task of doing an […]

Transfer disclosure statement required even in mixed use sales!

Richman v. Hartley, 2014 S.O.S. B245052 This is an important recent case dealing with Transfer Disclosure Statements (“TDS”). California requires its residential property sellers to disclose, in writing, details about the property they wish to sell. The disclosure obligations apply to nearly all California home sellers – whether selling a single family home, condominium or […]