Blog — Whitman Legal Solutions LLC

The COVID-19 pandemic has provided new means for scammers to separate their victims from their money.

Business Law, Coronavirus, Identity Theft and Fraud, cybersecurityElizabeth WhitmanSeptember 14, 2020Jessica Chicchitto Hindman, Sounds like Titanic, sychronization, lip-sync, covid-19, coronavirus, scam, phishing, fraud

SEC Expands Accredited Investor Definition

The SEC has adopted a rule expanding the definition of accredited investor to include certain securities professionals, knowledgeable employees of the issuer, and others.

Business Law, Real Estate Investments, Securities LawElizabeth WhitmanSeptember 7, 2020accredited investor, suzuki method, Rule 506, Rule 506(b), rule 506(c), SEC, private placement

Post-Pandemic Changes to Contracts and Leases

The pandemic will forever change how people conduct business and use real estate. These changes will necessitate that people reexamine how they allocate risk in their contracts.

Business Law, Commercial Lease, Contracts, CoronavirusElizabeth WhitmanSeptember 4, 2020coronavirus, COVID-19, Force majeure, waiver, cat fugue, scarlatti, risk allocation

How the Pandemic Will Change Multifamily Real Estate

The COVID-19 pandemic has accelerated changes in how people use their homes. Successful multifamily owners and operators will adjust their properties, amenities, and leases to accommodate tomorrow's tenants.

Apartment Lease, Coronavirus, Property Management, commercial real estateElizabeth WhitmanAugust 27, 2020coronavirus, COVID-19, multifamily, apartment lease, property management, amenities

COVID-19 and Age Discrimination

Employers should make sure they do not commit age discrimination when making pandemic-related decisions regarding layoffs, telecommuting, and other changes in working conditions.

Coronavirus, Employment LawElizabeth WhitmanAugust 14, 2020COVID-19, coronavirus, age discrimination, ADEA, ADA, disability discrimination, Americans with Disabilities Act, Age Discrimination in Employment Act, Angelo Badalamenti, twin peaks

And Then There Were Four. . . Deadly Sins for Delaware Statutory Trusts

Revenue Procedure 2020-34 provides a safe harbor for loan forbearances, lease modifications, and additional capital contributions needed due to the COVID-19 pandemic.

Real Estate Investments, Tax LawElizabeth WhitmanAugust 5, 20201031, 1031 exchange, DST, Delaware statutory trust, Rev Proc 2020-34, Rev. Rul. 2004-86, CARES Act, Loan modificatoin, forbearance, Kurt Weill, Seven Deadly Sins

Majority LLC Members Take Note: You May Have a Fiduciary Duty to the Other Members

Maryland now recognizes an independent cause of action for breach of fiduciary duty by majority members.

Business Law, Limited Liability CompanyElizabeth WhitmanJuly 27, 2020limited liability company, LLC, fiduciary duty, minority member, majority member, controlling member, Mozart in the Jungle, standard of care, Operating Agreement

How the Pandemic Will Change Office Leases

The COVID-19 pandemic presents an opportunity for office landlords and tenants to explore new ideas and implement improvements that will allow their businesses to thrive.

Commercial Lease, commercial real estate, CoronavirusElizabeth WhitmanJuly 24, 2020COVID-19, coronavirus, tenant improvement, amenities, office lease, Commercial lease, property management

COVID-19 Presents Disability Discrimination Issues

Employers must balance the need to keep employees from COVID-19 with employment discrimination laws.

Business Law, Coronavirus, Employment LawElizabeth WhitmanJuly 17, 2020COVID-19, coron, disability discrimination, Americans with Disabilities Act, clayton haslop, focal dystonia, employment discrimination, reasonable accommodation, face mask, pandemic, pandemic preparedness, EEOC

Why the Coronavirus Pandemic Will Change Severability Clauses

The coronavirus pandemic has revealed gaps in traditional severability provisions, which leave parties vulnerable to having to decide between breaching a contract or violating a government order or CDC recommendation..

Business Law, Contracts, CoronavirusElizabeth WhitmanJune 12, 2020coronavirus, COVID-19, severability, frustration of purpose, impossibility, mahler, brahms, stay-at-home order

Bach to Business

Our award-winning blog draws from Elizabeth Whitman’s background in and passion for music to illustrate creative solutions for complex legal challenges in business and real estate investing.