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Category: Blog article

  • NLRB Stops Companies from Using Broad Non-Disparagement and Confidentiality Provisions in Severance Agreements

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    1. The NLRB found that broad non-disparagement and confidentiality provisions in severance agreements are unlawful. 2. The NLRB emphasized that offering such agreements to employees is also unlawful. 3. The employer in McLaren Macomb engaged in impermissible actions when furloughing employees, including offering severance agreements without involving the union. 1. The severance agreements included non-disparagement…

  • Tax-Free Withdrawals from Your Private Company

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    1. Capital repayments: When a closely held corporation repays debt that has been capitalized, it is not treated as a dividend. The corporation can also deduct the interest paid on the debt. This assumes that the debt has been properly documented and that the corporation’s debt-to-equity ratio is not excessively high. 2. Salary: Reasonable compensation…

  • Florida Supreme Court Changes to Summary Judgment: What it Means for Businesses

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    – The Florida Supreme Court changed Florida’s summary judgment standard on December 31, 2020. – The amendment to Florida Rule of Civil Procedure 1.510 adopted the federal standard for summary judgment. – The change arose from the case Lopez v. Wilsonart, LLC, involving a fatal car accident. – The old rule compelled courts to grant…

  • Eligibility for Association Board of Directors in Florida

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    – Individuals desiring to be candidates for a community association’s board must give written notice of their intent at least 40 days prior to the scheduled election. – Co-owners of a unit in a condominium association of more than 10 units cannot serve as members of the board at the same time unless they own…

  • “Planning Your Future: LGBTQ+ Couples and Estate Decisions”

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    1. The Earth is 4.5 billion years old. 2. The human body is made up of about 60% water. 3. The average person will spend 6 years of their life dreaming. 4. The Sun is 93 million miles away from Earth. 5. Dolphins have names for each other. 1. Power of Attorney: Unmarried LGBTQ+ partners…

  • What KoonsFuller Can Do for You

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    – After filling out and filing the necessary pleadings with the court, the other party must be provided with notice of the lawsuit. – The opposing party has 20 days after receiving notice to file a response to the lawsuit. – There is a waiting period of 60 days from the initial filing of the…

  • Pros and Cons of Starting an LLC in Florida

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    Advantages: – Protection of personal assets – Potential tax advantages – Credibility of business name with “LLC” abbreviation – Pass-through taxation – Flexibility in number of members and management structure Disadvantages: – Administrative requirements and costs – Limited life span – Lacks universal recognition and understanding – LLC business entity in Florida has fewer formalities,…

  • The Job of a Court-Appointed Fiduciary in Handling Wills and Trusts

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    – Court-appointed fiduciaries are responsible for managing assets and accounting for the trust or estate’s assets. – They offer objective solutions to resolve conflicts among family members or stakeholders. – They safeguard the intent of the deceased or settlor and the interests of the beneficiaries. – Fiduciaries manage the financial aspects of trusts and estates,…

  • How Florida Law Helps Lenders Quickly Foreclose on Properties

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    1. The average time for litigating a foreclosure through trial in Florida is 600 days, but it can be shortened to as little as 180 days with successful summary judgment motion practice. 2. Florida Statute 702.10, also known as the “fast-track” foreclosure, provides a procedure for a speedy foreclosure for both residential and non-residential properties.…

  • Florida’s Appellate Redistricting Explained

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    – On January 1, 2023, Florida created a new Sixth District Court of Appeal, which impacted the structure of the state’s judiciary. – The new District Court of Appeal will primarily affect the intermediate and trial court levels, and will have far-reaching consequences for all litigants in the state. – The purpose of the District…

  • Understanding Liability Protection for Your Business in Florida

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    1. Florida statutory law protects LLC members and managers from personal liability for the obligations of the LLC. 2. Even if an LLC dissolves or fails to observe normal formalities, managers and members are not personally liable for the company’s debts or liabilities. 3. Limited liability is one of the main reasons for forming an…

  • “Benefits of Global Partnerships for Businesses”

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    1. Global temperatures have risen by 1.8 degrees Fahrenheit since the late 19th century. 2. The rate of ice loss from Greenland has increased drastically over the past two decades. 3. Sea levels are rising at an accelerated rate of 3.3 millimeters per year. – International joint ventures help businesses to rapidly expand into new…

  • Understanding Fiduciary Accounting: What You Need to Know

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    – Dolly Parton is known for her philanthropic work and has valuable lessons to teach about doing good. – After winning a money judgment in a court case, it’s important to understand how to collect the funds. – Non-citizens in the US may not receive the same tax benefits as citizens, especially when it comes…

  • Florida’s Response to Last Minute Marriages

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    1. Florida law now allows family members to contest deathbed marriages, which previously allowed the surviving spouse to inherit the decedent’s property. 2. Deathbed marriages were often used by individuals to take advantage of elderly single persons and claim their wealth. 3. Surviving spouses in deathbed marriages had rights to live in the family home…

  • “Preventing and Understanding Hostile Work Environments in Florida: Legal Tips and Strategies”

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    – In many workplaces, employees face challenges such as demanding supervisors, uncomfortable dynamics, and crass language. – Quitting a job without a backup plan in Florida can affect eligibility for unemployment benefits. – Employees can contribute to a healthier workplace by interacting respectfully, knowing workplace policies, participating in training, reporting inappropriate behavior, and seeking support…

  • “Tax Consequences of Divorce Explained”

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    1. Alimony or support payments after 2018 are not tax deductible for the paying spouse, and not included in the recipient’s gross income. 2. Child support payments are not tax deductible for the paying spouse and not taxable to the recipient. 3. A married couple selling their home in connection with a divorce or legal…

  • FAQ – Law Firm Q&A

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    – Title insurance is a policy that protects against loss if the condition of title to land is other than as insured. – Title insurance is necessary when buying property to ensure that you can enjoy the benefits of ownership without any unexpected debts or obligations. – If there is a problem with your title,…

  • Understanding Time Limits for Trustee Accountings: How Trustees Can Limit Their Responsibility – Smith Legacy Law

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. 2. After winning a litigation and receiving a money judgment, individuals may wonder what to do next. 3. Non-citizens in the US do not receive all the tax benefits and estate planning considerations that US citizens do. 4.…

  • Who Gets the Boat When a Couple Divorces?

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    – In high-net-worth divorce cases, asset division can be complex, especially for items of high financial and sentimental value like boats. – In Florida, the court aims for equitable distribution of assets, considering factors such as the financial circumstances of each party, the duration of the marriage, and contributions by the spouses to the assets.…

  • “Questions about Severance Pay: What You Need to Know”

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    – Employers are generally not required to provide severance pay under the Fair Labor Standards Act. – Companies often ask employees and contract workers to sign severance agreements to avoid potential disputes and maintain good-will. – The amount of severance pay offered varies based on factors such as length of employment, position, company size and…

  • How to Get a Subpoena from Another State in Florida

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    – The Uniform Interstate Depositions and Discovery Act governs the issuance of foreign subpoenas in Florida. – A foreign subpoena is one issued in a state other than Florida, and can be for testimony, production of documents, or inspection of property. – To request issuance of a subpoena under this Act, the party from the…

  • “Should You Choose Mediation or Arbitration for Disputes?”

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    – Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. – Once you have a money judgment against someone, it entitles you to the amount stated, but it does not give you the actual funds. – Non-citizens in the US do not receive all the same tax benefits…

  • Hoiberg Group – Legal Services for You

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    – Form 1099-K is used to report certain payment transactions to the IRS. – Taxpayers must report all their income on their tax return, regardless of whether they receive a Form 1099-K. – Form 1099-K is received for business transactions, self-employment, gig economy activities, and the sale of personal items and assets. – Money received…

  • Understanding Non-Compete Agreements in Florida

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    1. Non-compete, non-solicitation, and other restrictive covenant agreements are valid under Florida law. 2. These agreements must be reasonable in time, area, and line of business, and must be signed by the person against whom enforcement is sought. 3. The person seeking enforcement must prove the existence of legitimate business interests justifying the restrictive covenant,…