The Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions

If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate broker—are fixed or otherwise set by law in different geographic markets. They aren’t—to do so amounts to price-fixing, which is a per se violation of the antitrust laws. Like any […]

Jarod BonaPartner, Bona Law PC

Erwin Shustak recieves IR Global’s annual Gold Member Status award!!

We are pleased to announce that our firm, and Managing Partner Erwin Shustak, has received IR Global’s annual Gold Member Status award for our long-term commitment to, and involvement with, IR Global over the past five years. Pictured are Erwin Shustak, partners Jonah Toleno and George Miller, and senior associate Jessica Mackaness. IR Global is […]

Erwin ShustakManaging Partner, Shustak Reynolds & Partners, P.C

When Is an Interest in a California Real Estate Syndicate a “Security” Under State and Federal Laws?

Real estate syndicates in California offer investors a way to invest in real estate projects under the management of a syndicator, also known as a sponsor. The syndicate itself may use one of several different business forms under California law, such as a corporation or a limited partnership. The individual investors own a portion of the syndicate. […]

Jarod BonaPartner, Bona Law PC

Disclaiming Responsibility in Contracts

Contracts are part of everyday business, whether it’s the minuscule print on the back of a credit card bill or an agreement to buy office furniture. With your customers, contracts can be letter agreements, or six page documents, depending on whether the deal is simple or complex. But no matter what you’re agreeing on, one side […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Bona Law Files Amicus Brief for NFIB Challenging Minnesota Unclaimed Property Act

Bona Law PC attorneys Jarod Bona and Aaron Gott filed an amicus brief on behalf of the National Federation of Independent Businesses Small Business Legal Center in the Minnesota Supreme Court in support of property owners who challenged the Minnesota Uniform Disposition of Unclaimed Property Act (MUPA) in Hall v. Minnesota. The brief argued that the act is unconstitutional under the Takings Clause and the […]

Jarod BonaPartner, Bona Law PC

Defining “Projects” in a California Real Estate Partnership Agreement

In a recent unpublished California appellate decision, the plaintiff appealed after a bench trial was conducted on his complaint for breach of contract and breach of fiduciary duty. The case arose when one of the defendants, who’d worked as a real estate developer in Illinois for 21 years before moving to San Diego, needed seed money for […]

Jarod BonaPartner, Bona Law PC

Antitrust Compliance Programs in the US and the European Union

Author: Luis Blanquez Luis Blanquez is a European Competition Attorney that works with Bona Law. WHAT IS AN ANTITRUST COMPLIANCE PROGRAM? An antitrust compliance program is an internal business policy designed by a company to educate directors and employees to avoid risks of anticompetitive conduct. Companies that conspire with their competitors to fix prices, share […]

Jarod BonaPartner, Bona Law PC

The Golden Rule of Real Estate Investing: How Long Must Property Be Investment Property To Qualify for Section 1031?

Matthew Riley is an attorney with Bona Law, primarily focused on antitrust, commercial litigation, real-estate, and federal administrative law. Does property that started off as non-qualifying (i.e. primary residence), but over time has changed its character to fit a qualifying purpose fit within the requirements of Section 1031? & Does property used concurrently for both non-qualifying and qualifying purposes, for example […]

Jarod BonaPartner, Bona Law PC

ShawnCoulson International Lawyers Newsletter for June 5, 2017

Sell Corporate Stock Tax-Free to an ESOP One of the best tax breaks available to closely held businesses is the ability to sell stock to an employee stock ownership plan (ESOP) on a tax-free basis. This strategy works well for business owners who are looking for an exit strategy and are committed to the concept of […]

William H. ShawnCo-Managing Partner, ShawnCoulson