Author: Elf
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Cross-Border Legal Practice and Ethics Rule 4-8.5 Why Greater Guidance Is Needed
The rules for lawyers who work internationally are not very clear in Florida. Each country and state has its own rules for disciplining international lawyers, which can be confusing and difficult to navigate. This is a problem because international law is complex and often involves dealing with unfamiliar laws and policies. It can also be…
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International Parental Child Abduction Part I: The Petitioner’s Case
A law firm and attorney helped a company settle a lawsuit over a faulty product. The company had to pay money to the people who were affected by the product. If a child is taken to another country by one of their parents, the other parent can use the Hague Convention to try to get…
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Does a Florida Minority Shareholder in a Closely Held Corporation Owe a Fiduciary Duty to Fellow Shareholders?
Your friend who owns 25% of the company wants to start a competing business. In Florida, it’s not clear if they owe a duty to the company and other shareholders. In Massachusetts, there are cases saying they do owe a duty. The courts in Florida have not said much on this, so it’s still a…
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Moving the Management and Control of a Foreign Corpration to Achieve Favorable U.S. Tax Results, Part I
The U.S. tax laws have a lot of rules that depend on where a foreign company is created or organized. For example, if a foreign company gets dividends from another company in the same country, it won’t be taxed as much. And if a foreign company provides services in the country where it’s created, it…
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International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S.
Commercial arbitration is a popular way to solve disputes between companies from different countries. However, sometimes there are obstacles when trying to enforce a decision from an arbitral tribunal. In the U.S., there is a three-year time limit for filing a petition to confirm an arbitral award. This means that if a party wants to…
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The UN Convention on Contracts for the International Sale of Goods It’s Not Your Father’s Uniform Commercial Code
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a set of rules that govern international sales of goods. It was created in 1980 and has been ratified by many countries, including the United States. This means that if a business in Florida is buying or selling goods to a…
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From Russia with Love: 11th Circuit Affirms the Utility of 28 U.S.C. §1782 in International Discovery
In short, a legal firm is being accused of overcharging their clients, and a lawyer is being investigated for wrongdoing. It’s a big deal because it could mean that the clients were unfairly charged too much money. If you’re an international litigator, you have a powerful tool at your disposal called 28 U.S.C. §1782. This…
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Serving Process in Brazil: Nascent Use of the Hague Convention on the Service Abroad of Documents in Civil or Commercial Matters
On June 1, 2019, Brazil joined the Hague Service Convention for serving legal documents. However, Brazil has made some reservations that may make the process more complicated. It can still save time and resources, but there are some risks involved. If you’re involved in a lawsuit that involves Brazil, it’s important to have a lawyer…
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Transactions Affected by the Russian/Ukrainian Conflict Since 2014
I came to the US from the Soviet Union in 1989 and used to say I was from Russia, but now I can’t be proud of that anymore because of the bad things Russia has done. The US has put sanctions on Russia, Ukraine, and Belarus, and this article talks about how these sanctions affect…
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The 1997 Amendments to Florida’s Certificate of Need Law
The Certificate of Need (CON) program in Florida controls the building and expansion of healthcare facilities and services. This is to prevent too many healthcare options in one area, prevent competition based on prices, and slow down the use of new technology. The program also aims to make sure that everyone has equal access to…
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A Lawyers Trial Book A Guide to the 1997 Amendments to the Florida Rules of Civil Procedure
In 1997, Florida changed its law regulating the building of health care facilities and services. The new law made it easier for projects to get approved and changed the rules for applying. The goal of the law is to control the number of health care facilities and services to keep costs down and make sure…
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11th Circuit Establishes Scienter Requirement for Violation of the Medicare/Medicaid Anti-Kickback S
In a recent case, the 11th Circuit Court of Appeals ruled that a person can be convicted of breaking the Medicare/Medicaid anti-kickback law if they knew their actions were illegal, even if they didn’t know they were specifically breaking that law. The law makes it illegal to offer or receive any kind of payment in…
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Subpoenas Duces Tecum vs. HIPAA: Which Wins?
When there is a lawsuit, subpoenas can be issued to get medical information. The rules of how to do this are outlined in the Florida Rules of Civil Procedure. These rules are similar in many other states as well. The subpoena has to be served to the person or organization that has the information. It…
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Constitution Revision Commissions Avoid Logrolling, Don’t They?
The process of revising a constitution is complex and has evolved over time. In Florida, the Constitution Revision Commission was created in 1968 to propose changes to the state constitution. These proposals can be put on the ballot for the public to vote on in a general election. The interaction between the commission’s authority and…
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Florida’s Cabinet System: Y2K and Beyond
The structure of Florida’s Cabinet will change in 2003, reducing the number of Cabinet officers. The Cabinet is unique in the US and has specific powers and duties under the constitution. Many powers and duties have been assigned to them by the legislature. Before Governor Lawton Chiles eliminated many state government rules, most agencies, boards,…
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The New Constitutional Cabinet Florida’s Four
The Florida Cabinet system has been around for a long time and has gone through some changes over the years. It was originally created to help the governor with their duties. The governor and three other officials make up the cabinet. While some things have changed, the overall function of the cabinet remains the same.…
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Top 10 Things You Should Know Before You Run for Public Office
Many lawyers consider running for public office because they are often in positions of power in the government. But before deciding to run, there are important things to consider. Before a candidate can accept money or spend it for their campaign, they need to fill out a form appointing their campaign treasurer and designating a…
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Redefining Professionalism? Florida’s Code Mandating the Aspirational Raises Challenging Questions
Florida recently created a new set of rules for lawyers to follow called the professionalism code. This code makes it mandatory for lawyers to act professionally, rather than just encouraging it. The Florida Supreme Court approved these rules because they believe the old methods of encouraging professionalism were not working. The code gives the Florida…
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Appealing Administrative Action: The Threshold Considerations
Administrative agency decision appeals differ from regular appeals. Before deciding to appeal, it’s important to check if you have the right to appeal. You can appeal if the agency’s decision has directly affected you and if the decision is final. The decision to appeal should be carefully considered, taking into account the facts, laws, and…
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Bifurcation of Dissolution of Marriage Actions Part One
Family law can be tricky for lawyers, especially when it comes to “bifurcation” of a divorce. This creates a lot of potential problems for both the lawyer and their client. This article will be in two parts: the first part talks about the practical and legal effects of bifurcation, and the second part, coming in…
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Bifurcation of dissolution of marriage actions Part Two
In Florida, the law says that a court can dissolve a marriage if it finds that it’s irretrievably broken. But just because one party says the marriage is broken doesn’t mean the court can immediately dissolve it. A case called Hyman v. Hyman set the precedent that a court can dissolve the marriage but still…
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Supervised Visitation Progams in Florida: A Cause for Optimism, a Call for Caution
When parents are fighting and one is not allowed to see the kids, it can be hard to figure out what to do. In Florida, there are places where a neutral person can help the visit go smoothly. These places are called supervised visitation centers. They are helpful, but they are not a long-term solution.…
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What Distributions Can Be Made From a Marital Trust?
Since 1981, the unlimited marital deduction has been used to defer estate taxes until the surviving spouse’s death. One way to do this is by using a marital deduction trust. But when a large part of the couple’s estate is in this trust, other methods are needed to lower estate taxes for the surviving spouse.…
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Divorcing Spouses Can File Income Tax Returns as Unmarried Individuals Prior to Dissolution of Marriage
If a married couple is getting divorced, it’s usually a good idea to file their taxes together. But if one spouse doesn’t want to do that, the other spouse can still file as if they were single, as long as they have a legal separation agreement. This is allowed under certain circumstances, even though they’re…