Can You Work for a Company After Suing? Legal Considerations to Weigh

South Carolina Gaming Laws: What You Should Know

A Look at South Carolina Gambling Laws

The legal framework governing gambling in South Carolina is highly nuanced and restrictive. From the birth of the nation to today, many of our colonies, state legislatures, and even the Congress of the United States have viewed gaming with skepticism. In fact, the Colonial Assemblies and the Continental Congresses prohibited card playing and gambling. In 1789, the Court for Over and Terminer in Charleston sentenced a soldier to 39 lashes for gaming and playing cards and for carrying a "two-penny halfmoon." This combination of historical and social pressures against gambling led to the enactment of criminal statutes throughout the United States, and more specifically, in South Carolina. The prohibition of gambling in South Carolina is still evident in the overall structure of the gambling laws that are currently in effect. In South Carolina, "[g]ambling is illegal except and excepted defined by statute." S.C. Code. Ann. § 16-19-305. To help illustrate this nuance, it is helpful to first examine the four broad categories of gambling laws: (i) criminal laws; (ii) public user laws; (iii) administrative law; and (iv) common law and case law. Criminal law relates to gambling in three type of situations: (i) unlawful gambling; (ii) unlawful bookmaking; and (iii) promotion of gambling. Criminal gambling laws are found in Title 16, Chapter 19 of the South Carolina Code of Laws and Title 58, Chapter 23 of the South Carolina Code of Laws. To get an overview of the criminal laws pertaining to unlawful gambling, unlawful bookmaking, and the promotion of gambling, see §16-19-305 of the South Carolina Code of Laws . The public user laws pertain to gaming on college and professional sports, gaming on unlicensed auto races (i.e., not certified as a "messenger race" by the South Carolina Department of Revenue), and the state-run lottery. These public user laws are codified in Title 33, § 32-200 of the South Carolina Code of Laws. "Administrative law" refers to rules and regulations enacted by the South Carolina Legislature, such as the South Carolina Bingo Game Enabling Act of 1997, as well as legislative guidelines and directives for the Department of Revenue, such as the Regulation 49-100, the Bingo Regulations. The Bingo Regulation governs the use of Bingo cards and all activities concerning Bingo games and allows certain charities to apply for and conduct "limited lottery" games. The Bingo Board is authorized to issue such licenses. Traditionally, lotteries have been held by the states to raise revenue for educational and other public facilities. The practice of conducting lotteries in South Carolina dates back to 1696 and reflects both a social and moral concern for the good of the community. The South Carolina Lottery Act was enacted in 2001 to create a lottery to assist in the funding of education. "Common law and case law" pertains to gaming or betting by private individuals or between individuals, and includes loss limits and bet limits, but excludes wagering on sporting events by individuals. It is important to note that other than an application of common law and case law, the prohibition against gambling is absolute because the games have no established exception from the use of Note (4) above.

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What is the Possession Clause?

We have noted before on this blog that real estate lawyers can be somewhat obsessed with the details when it comes to certain forms and documents. So if we spend more time than you would like on the minutiae of a Revised Agreement of Purchase and Sale, you’ll just have to humour us. We promise we’ll buy you lunch.
Today’s topic is the possession clause. As you might expect, the possession clause allows the purchaser to take possession of the property (subject to the vendors continuing right to maintain possession until completion of the transaction). As with any standard provision it can be easily overlooked, but like the rest of the Agreement of Purchase and Sale, it does have its own nuances and peculiarities.
One of these nuances, and one that we see quite often, is that the possession clause may not properly reflect other terms in the Agreement. For example, the possession clause may require that the purchaser make a payment for the keys to the home on the date specified for closing. However, if closing lands on a weekday, and the purchaser takes occupancy of the home before closing, the possession clause should allow payment for the keys upon taking possession. If it does not, this creates the opportunity for a disparity between the date upon which the purchaser actually delivers funds for the keys, and the date set out in the possession clause . This may cause problems if the Agreement contains a provision related to a penalty for failing to pay the balance of the purchase price on the closing date.
Additionally, possession versus closing may be defined differently in a re-sale agreement versus an agreement for the purchase and sale of a new build. In a new build, for example, the purchaser may take occupancy before closing. As a result the possession date for the purchaser could be quite different from closing and the payment date for the key, which requires careful drafting of the possession clause. For resale transactions, the definition of "closing" typically encompasses the idea of "going into possession." As such, a possession clause may be optional, and often omitted from a resale transaction. Purchasers taking possession the day before closing on a re-sale transaction are then holders of keys beforehand; in other words, they would not technically be receiving the keys, as there are none to receive at that point.
While it may be a standard provision, the possession clause sets out key details about the transaction. It should be viewed as a protection for the purchaser, rather than an inconvenience. Remember to pour a stout drink, sharpen your pencil, and read your way through that sale agreement. We promise it will all make sense in the end, and property transfers smoothly to the new homeowner.

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Understanding New Jersey Property Settlement Agreements: An In-Depth Insider’s Guide

What is a Property Settlement Agreement?

Property Settlement Agreements are commonly known as PSA’s. Simply stated, a "PSA" is a written contract made between divorcing spouses that settles all or some of their claims arising out of their marriage, including any equitable distribution issues, alimony, child custody, parenting time, medical and educational expenses for the children, and child support. Family Judges, Clerks and Attorney’s frequently refer to PSA’s when they refer to the people "settling their cases". This means that the litigants reached an agreement that resolves all of their disputed issues without the need to go to Court for a trial.
In New Jersey, every divorce must involve a settlement or a trial. When a settlement is not reached, the Judge is obligated to either set a trial date or order the parties to go to mandatory economic mediation.
With the implementation of the Early Settlement Panel, many litigants are not only required to go to this mediation, but there are actually court ordered conferences where Settlement Officers must try to settle the case. If the case does not settle at a Settlement Conflict Resolution Conference, the litigation must result in a trial. There are also cases where the parties are not able to reach a resolution and their case ends up on the economic mediation track .
Practically speaking, so many litigants settle their divorce cases today because it is more cost effective. In addition, litigants have more control over the family property after divorce when they settle their case than when they leave it in the hands of the Court. By entering into a PSA, the parties can meet their needs. It is a smart business decision to settle, and by doing so, it will avoid years of litigation including a costly trial.
Once a PSA is entered by the parties, depending on what issues they resolved, it can range in length from one page to hundreds of pages. When it is signed by the parties, notarized, and then submitted to the court for approval the Judge will usually sign it "on the papers" after reviewing it and determining that it is fair and equitable, and that both parties fully and free entered into it. So long as at least one party is a resident of the State of New Jersey for not less than one year before filing for the divorce, the Judge will have jurisdiction to have personal jurisdiction over the litigants in the Case Information Statement, and the PSA. The Court Clerk will then enter the Judgment of Divorce which finalizes the divorce and incorporates the PSA by reference.
The PSA is a very powerful document. Once it is signed, the parties are no longer able to return to the court to litigate the issues within it without very limited circumstances to do so.

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What Are HOA Bylaws?

HOA bylaws, sometimes referred to as condominium bylaws, are key documents that govern the internal affairs of an association. In addition to governing the association’s general operations, HOA bylaws supplement the provisions included in the Declaration, set forth certain legal restrictions and organize the functions of the governing body for an association.
HOA bylaws typically set forth information about:
HOA bylaws typically provide for the election and terms of the officers. Typically officers are required to be a member of the board of directors. However, some states may not require officers to be members of the board. In states where it is required, associations should ensure that officers are in fact members of the board. If an officer is not a member, it may make the actions of the non-compliant individual grounds for challenging the validity of decisions made by the officers.
As the primary governing document for an association , the HOA bylaws typically define the powers of the board of directors. It is essential to limit and define the powers of the board in the bylaws in order to protect against common law claims of ultra vires (beyond their powers) by unit owners. Additionally, it is also important to remember the RLTO or IRLTO of various states when adopting election or noticing provisions.
When it comes to altering or amending the bylaws there are generally two types of provisions: binding and non-binding. The only binding provisions are those for the number of votes required to amend the bylaws and to which a court will defer. Non-binding provisions are simply guidelines that an association can deviate from as long as it does so within the bounds of the other amendments and the law.

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Reyes Law Office: Areas of Specialization and Services Offered

Reyes Law Office Overview

Reyes Law Office is a distinguished law firm located in the vibrant heart of Los Angeles, California. Comprised of two accomplished attorneys with diverse legal backgrounds and adept in multiple areas of practice, the firm is renowned for its unwavering dedication to excellence and service. The mission of Reyes Law Office is to serve clients who have been wronged or injured, to pursue justice for those who have suffered accidents , and to ardently defend the rights of those facing criminal charges. Constituted in 2010, by the firm’s founding member, the Los Angeles personal injury attorney Steven Reyes, and his partner, attorney Kathy Reyes, Reyes Law Office is fully committed to its family like environment. The office prides itself on its successful results, empathetic staff, and organized structure, which has helped the firm build its reputation as being one of the most well-known and respected offices in Los Angeles.

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A Comprehensive Look At Florida Legal Internships

An Intro To Florida Legal Internships

Legal internships play a pivotal role in shaping the career paths of aspiring legal professionals. In Florida, the legal internship landscape is diverse and dynamic, offering students opportunities to gain invaluable on-the-job experience in a variety of legal settings. Florida-based law firms, federal agencies, non-profit groups, and government offices all provide unique internship experiences that can help students define and enhance their legal careers.
For law students and aspiring legal professionals, Florida’s warm weather, beautiful beaches, and lively social scene can offer an appealing alternative to legal internships in other U.S. cities. In addition to the environment, law students who intern in Florida benefit from connections to one of the largest populations in the United States, a strong state economy, and a future-oriented business culture. The state has also been called "the most business-friendly state in the southeastern U.S.," and is known for its business-friendly tax rates.
In terms of specific legal internship opportunities, Florida law students can choose from a wide range of opportunities . For instance, under the supervision of a qualified attorney, they can intern with a Florida state agency, the Florida Department of Children and Families (in roles relating to domestic relations, foster care, case management, adoption, and more), or the Department of Veterans Affairs. They can also intern with firms like the Law Offices of Jason Turchin, which has experienced a surge in interns over recent years, providing an opportunity for interns to assist with client relations, legal research, discovery, and drafting.
Moreover, students may land in-house legal internships at one of the 89 Fortune 1000 companies headquartered in Florida. Each of these firms already employs an average of 3,433 associates—providing further proof that the Sunshine State can offer significant career opportunities for students seeking legal internships.
In short, Florida offers unique opportunities for legal internships in a wide variety of fields. However, there are a few obstacles. Legal internships often come with low or no pay, making it important for students to seek out opportunities that provide meaningful experience, enhance their career prospects, and generate long-term value.

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What is Common Law Marriage?

Understanding Common Law Marriage in Florida: Myths and Facts
Common law marriage is a form of relationship in which the couple has not entered into a formal legal marriage ceremony, yet, by their actions, they have lived as husband and wife. In Florida, a couple may present themselves and hold themselves out to be married for legal and financial purposes and be treated by businesses, insurance companies, hospitals, and the like as married, yet not be married in Florida. This concept can be confusing and is often misunderstood. Common law marriage comes from Roman and English law and dates back to the 9th and 10th centuries. Under the theory of common law marriage, there are no legal regulations or procedures that apply to a marriage. The parties merely live together and act as a married couple. This concept was first adopted by the fledgling American colonies. In the early days of America, common law marriage was utilized in instances where a couple could not go through the formal process of marriage, perhaps due to a religious objection or lack of money, or for other reasons. To address this situation, the colonies recognized the validity of common law marriages. Massachusetts was the first state to enact a statute governing common law marriages. It limited the circumstances under which a marriage could be deemed valid, on the basis of common law. This trend continued as the American colonies became the independent states of America, with each state enacting its own statutory recognition of common law marriages. Today , thirteen states and the District of Columbia recognize the validity of common law marriages. The states are Alabama, Colorado, Georgia, Iowa, Kansas, Montana, New Hampshire, New Jersey, Oklahoma, Pennsylvania, Rhode Island, South Carolina and Texas, as well as the District of Columbia. However, unlike Florida, not all of these states require that a couple comply with a requirement of living together in order to have a common law marriage. For example, Clipper Ship Key LLC v. Perkins 98 Mass. App. Ct. 698, 534 Mass. App. Ct. 680 (2018); Zamfresca v. Director of the Office of Medicaid, 464 Mass. 27, 27 (2012). For those five states, the requirement of cohabitation is not applicable for a finding of common law marriage. In Florida, there is no common law marriage. The last common law marriage entered into in Florida prior to the abolition of common law marriage occurred on January 1, 1968, at which point the requirement of cohabitation became effective. While a common law marriage recognized in another state and prior to 1968 is not recognized in Florida, if the couple comes to Florida after the marriage has been entered, the common law marriage will be recognized if the couple continues to live as a married couple in Florida. A couple cannot create a common law marriage in Florida. Parties desiring to marry must follow the Florida statutory procedure and requirements for obtaining a marriage license and participating in a marriage ceremony. In addition, one thing that isn’t commonly known, is that there is no common law divorce. A common law married couple can divorce by participating in the statutory process of divorce.

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Legal Fees for Criminal Defense May Be Tax Deductible

What are Legal Fees?

The law and the treatment of legal fees (which is a catchall phrase for anything lawyers charge) can be complicated. There are basically two types of legal fees: transactional fees and case fees. Transactional fees are paid in situations not directly involving court litigation. Examples include fees paid when buying or selling an asset, fees paid for drafting a will or fees paid for counseling on business transactions. Case fees are those paid for pursuing a specific claim or action in court. Contract disputes and injury claims fall in that category.
Transational fees generally are not deductible. The IRS has a long-standing rule that individuals cannot deduct legal fees related to a business purchase or sale unless the business is owned by the individual if the asset purchased is a business asset. Likewise, a personal injury claim would not be deductible. In other words, the lawyer who drafted your will or helped you purchase a business cannot be written off on your taxes. But the lawyer you hired because you were injured in a car accident or your business was sued can probably be written off. These distinctions are laid out in IRS Publication 529, Miscellaneous Deductions.
In recent years, issues have arisen with regard to the deductibility of legal fees in cases where a person can argue that all of the fees should be deductible as case fees, not transactional fees. The distinction is important. When you can count all legal fees as "case fees," you will also be able to deduct many types of expenses. Legal fees tend to be among the largest out of pocket expenses owed for a case, so extending the deductibility of legal fees can have a significant impact on tax liability. When you can count all the fees as "transactional," however, you cannot used the legal fees to offset the tax liability incurred on a settlement.
In the area of criminal cases, the distinction between transactional fees and case fees is particularly important. In general , legal fees paid in criminal cases are deductible if the entire case is about something else. If the legal fee was paid in relation to the crime itself, however, then the fee is not deductible. For example, if I were charged with operating a vehicle after a DUI conviction, the legal fees associated with my defense would likely be deductible. If however, I was convicted of tax fraud, my legal fees would not be deductible because they were incurred to defend against a criminal charge.
Relevant IRS guidelines and rulings clarify the rules regarding legal fee deductibility in criminal cases. IRS Code 262 disallows any fee that is personal in nature. The IRS has ruled that all fees paid to obtain property for a taxpayer’s personal use are personal. In a series of rulings, the IRS ruled that fees paid to mitigate against criminal charges and penalties were personal in nature. A recent Ruling reinstated the position that legal fees paid to defend against criminal charges were personal, but it also grants some refunds to people who had successfully argued that legal fees were deductible in earlier years.
IRS Ruling 2008-2 recognizes that taxpayers who were successful in defense against criminal charges may have incurred legal fees that were deductible. Examples of such fees that would be deductible, according to the ruling, include fees for mailings, deposition transcripts, investigation, expert testimony, witness fees and investigator costs. Those fees, when incurred to defend against criminal charges, are deductible. While the new ruling permits the IRS to grant refunds to taxpayers previously denied the use of deductibility of legal fees, it does not make that use automatic. A successful outcome with the IRS will require adequate proof of the legal fees incurred in a criminal case, which can include case fees that are typically deductible, and a good deal of time.

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What is a Supplemental Agreement

A supplemental agreement is an addendum or appendix to a primary contract. Its purpose usually is to clarify, amend, or provide additional detail for provisions within the parent agreement.
Supplemental agreements are usually drafted and executed separately after the original contract is in place. Depending on the circumstances, a supplemental agreement can consist of a single Page that contains new or modified provisions or even multiple pages outlining additional details, such as timeline, payment, scope of work, or other contract clarifications. A supplemental agreement can incorporate language that indicates it only supplements the parent agreement. For example, one could use the following language in a supplemental agreement: ‘This supplemental agreement supplements the [Name of Parent Agreement] entered into between [Name 1] and [Name 2] on [Date] . "
Common purposes of a supplemental agreement include:
Clarifying provisions of the parent agreement
Addressing ambiguity
Providing additional details
Updating incorrect information
Extending the term of the parent contract
Oral agreements entered into verbally between contracting parties also can be supplemented in writing with a supplemental agreement.
In real estate transactions, supplemental agreements are used for a wide variety of reasons, including adding contingency clauses or financing conditions to the parent agreement. If a supplemental agreement modifies the price of the property, it should be executed by both parties. Any amendments that merely extend the closing date are often referred to as "amendments."

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Storage Rental Contracts: The Basics

A storage rental contract is a legally binding agreement between the landlord and the tenant that clearly states that the tenant has agreed to rent out a unit. It will describe the rent payable and for what period or until a cancellation notice is given. Storage contracts within the United States are generally accompanied by a set of rules and regulations such as security, use, and access. They also describe the lien process for the landlord in case of non-payment. It is important that these agreements be carefully read to ensure that you understand your rights and obligations as a tenant or storage unit owner .
Storage contracts generally include the following:
Precise description of the unit number
The amount of rent and due date
Security deposit information
How often the unit is accessible to you
Location of unit
Rules and regulations of facility
Terms of monthly, or long term lease
Lien process
Right to sell process
Maintenance of the unit
Restrictions on what can or can’t be stored
Landlord access to unit
Contract termination
Consequences of non-payment

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