Posts tagged Whitman Legal Solutions
How a Laudable Historic Renovation Led to ADA Violations

From a legal perspective, renovating a historic building is not for the faint of heart. In addition to obtaining the building permits and inspections required for any construction project, renovation of a historic building may trigger additional legal requirements, including the ADA.

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Wachet Auf and Lis Pendens

Lis pendens puts prospective real estate buyers on notice that the lawsuit is pending. If they take title to the real estate, they do so at their own risk, and the results can be brutal.

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Leaving a String Quartet or Tenant-in-Common Real Estate Investment

Originally in residence at Cleveland Institute of Music, the Cleveland Quartet moved together as a quartet to State University of University of New York at Buffalo and then to Eastman School of Music. During the quartet’s history, some musicians left the quartet and were replaced.  But in 1995, the quartet decided to disband. Years of international travel had taken their toll, and the musicians wanted to pursue other interests including, teaching and orchestral work. Real estate co-owners may make similar decisions to change investments or terminate their relationship.

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Surviving Mahler Symphonies and Contract Terminations

At 90 minutes in length, Mahler’s Sixth is a true endurance piece. Consisting of four movements. Performance of a symphony of that length typically leaves orchestra musicians and conductors dripping in sweat as if they had just finished the New York Marathon, rather than played in the New York Philharmonic. Although surviving a symphonic performance or running a marathon frequently is synonymous with accomplishing a huge feat, survival has a different meaning in contracts.

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Unfinished Music and “Unfinished” Contracts 

Wolfgang Amadeus Mozart and Franz Schubert both died in Vienna while still in their thirties. Each left an unfinished work which has become a staple in the classical music repertoire. Likewise, contracting parties may leave contracts incomplete or "unfinished."

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Replacing Bow Hair and Contract Provisions

String players may rehair their bows several times a year, because the type, quality, length, and condition of the bow hair impact the sound a violin produces. Sometimes contracts must be amended to replace the original contract language.

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Swapping Violin Bridges and Contract Parties

Despite the bridge’s conspicuous position on the top of the violin and its importance to the sound produced, non-violinists aren’t likely to give it a second glance. The same is true of successors and assigns clauses in contracts. The language isn’t hidden; yet, contracting parties may not even read them before signing the contract.

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The Art of Legal Drafting

The study of law in the U.S. is treated more as a science than as an art. Law school requires that students learn hundreds of legal concepts, much as a musician would learn mechanically how to play an instrument. A good amount of the study of law involves memorization of rules – court rules, equitable maxims, statutes, and regulations.

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An A Isn't the Same for Everyone — Why Regulation A+ Might be a B or C for Real Estate Funds

In 2015, the US Securities and Exchange Commission (SEC) adopted what has become known as Regulation A+. Like transposing instruments, Regulation A+ was designed to make it easier for small businesses to raise new capital. Yet, just as an A played on alto clarinet sounds like a G, Regulation A+ doesn’t provide an A+ solution for all businesses or issuers.

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Preparing Your Business for the New Year—Do You Have Extra Tubas?

After stealing more than 30 tubas and sousaphones from schools during winter break, the thieves didn't hold onto the instruments for long. They found demand for used tubas among banda performers. However, business owners may find it more difficult to unload their heavy baggage as they move into the new year.

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