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Commercial Real Estate Brokerage Laws and Customs: Nebraska
by Martin P. Pelster and Richard Anderson, Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., with Practical Law Real Estate
A Q&A guide to state laws and customs on brokerage laws relating to commercial real estate transactions in Nebraska. This Q&A addresses the state-specific guidance on several questions relating to brokerage laws and customs, including licensing requirements, legal restrictions on a broker’s role in a real estate transaction, brokerage agreements, commission payments, and brokers’ lien rights. This Q&A guide also provides guidance on any licensing requirements for managing commercial real estate. Answers to questions can be compared across a number of jurisdictions (see Commercial Real Estate Brokerage Laws and Customs: State Q&A Tool).
Personal Jurisdiction in the Business Dispute
In a vast majority of lawsuits filed, no question exists as to whether the forum state has jurisdiction over the defendant. The defendant is often the resident of the forum state, and even if not, the underlying cause of the lawsuit—be it the car accident that occurred in the forum or a title issue over real estate located in the forum—is such that the forum’s jurisdiction over the defendant is intuitive and never questioned.
Nebraska Financial Innovation Act: Bringing Regulated Cryptocurrency Storage, Securitization, and Lending to Banks, Businesses, and Consumers
By David J. Skalka, Partner, Croker Huck, and Rachel Geelan, Creighton Law ’23.
The recent Nebraska Financial Innovation Act (“NFIA”) (LB 649, 2021) places Nebraska at the forefront of cryptocurrency banking, finance, and securitization. With it, Nebraska became the second state to charter digital asset depositories, a new type of financial institution that holds valuable, self-contained, uniquely identifiable, liquid financial assets— such as cryptocurrency and defined in the law as digital assets. With the NFIA, Nebraska became the first state to adopt Article 12 and revisions to Article 9 Uniform Commercial Code proposed by the U.C.C. Committee on Emerging Technologies regarding “controllable electronic records.”
Nebraska Law Clarifies and Expands Workplace Protections for Pregnant Employees
By Scott D. Jochim, Attorney, and Daniel E. Cummings, Senior Certified Law Clerk
The Nebraska Legislature recently expanded and clarified the protections under the Nebraska Fair Employment Practices Act for pregnant workers. On April 13, 2015, Nebraska Governor Pete Ricketts signed into law LB627, which took effect on August 30, 2015.
Administratively Dissolved Homeowners Associations can be Reinstated under New Nebraska Laws
By David Skalka and Daniel Cummings, Senior Certified Law Clerk
Two laws passed this year provide methods for Nebraska homeowners associations (HOAs) that have been administratively dissolved for over five years to reinstate, resolving a conundrum that dissolved HOAs have had regarding reinstatement of assessing authority over the entirety of the development. LB 279, already in effect, allows for reinstatement of any corporation or other entity dissolved for over five years with an application, a $500 fee together with all delinquent fees of the Secretary of State, and delivery to the Secretary of State a properly executed and signed biennial report. LB 304, taking effect in late August 2015, allows for reinstatement of HOAs that have been dissolved for over five years with a fee of only $100. It also allows three or more members of a dissolved association to call a meeting to remove and elect directors and approve an application for reinstatement.
Pursuing or Defending Against a Tortious Interference Claim in Nebraska
By Scott Jochim
An individual or entity’s tortious interference with an existing or potential business relationship can be a major threat to the success of your company. If a party brings a tortious interference claim against you, defenses are available to protect against any potential liability. The litigation and business law attorneys at Croker Huck can assist you in pursuing or defending against a tortious interference claim based on the specific facts of your situation. For more information, read the article above or consult an attorney at Croker Huck.
Developing Restrictions on the Use of E-Cigarettes in the Workplace
By Robert Kirby
The increasing popularity of electronic cigarettes and similar devices is an important consideration for employers who wish to maintain a comprehensive no-smoking policy in the workplace. Because of the lack of statutory authority prohibiting the use of e-cigs in the workplace, it is the responsibility of individual businesses to decide whether or not to restrict the use of these products within their business premises. An employment/labor law attorney at Croker Huck can assist in developing or revising no-smoking policies tailored to your company’s specific needs. For more information, read the article above or consult an attorney at Croker Huck.
Transfer on Death Deed Act
The Nebraska Uniform Real Property Transfer on Death Act allows an individual to transfer property located in Nebraska to one or more beneficiaries effective at the transferor’s death through the use of a transfer on death deed. A transfer on death deed allows the transferor to keep his interest in the property and is revocable at any time during the transferor’s life. For more information, read the article above or consult an attorney at Croker Huck.
How Will The New LLC Act Affect Your Company?
The recently enacted Nebraska Uniform Limited Liability Company Act applies to all Limited Liability Companies regardless of the date of formation. It is more comprehensive than the former act governing LLCs. The operating agreement may override some of these default rules, but not others. For more information, read the article above or consult an attorney at Croker Huck.
