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Category: Blog article

  • Understanding Governing Law Clauses for Contracts

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    1. A governing law clause is a provision in a commercial contract that specifies which country’s laws will govern the interpretation and enforcement of the contract terms. 2. Parties usually include a governing law clause in their contract to ensure certainty and predictability in the event of a dispute, as it allows them to know…

  • Average Slip-and-Fall Settlement Amounts in Florida

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    – Slip-and-fall settlement amounts in Florida vary for each case and are influenced by unique factors. – Common injuries from slip-and-fall accidents include broken bones, sprains, traumatic brain injuries, and spinal cord injuries. – Rainstorms in Florida often lead to slip-and-fall accidents on wet entryway floors due to insufficient warning signs or cleaning. – Uneven…

  • “Protecting Your Trade Secrets: What Can Be Kept Private and What’s Public”

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    – The case of loanDepot.com, LLC v. CrossCountry Mortg., LLC, No. 22 CIV. 5971 (LGS), 2023 WL 3884032 (S.D.N.Y. June 8, 2023) dealt with a business protecting its trade secret customer lists. – The court granted an injunction to restrain Defendant from using information that is publicly available but could replicate Plaintiff’s purportedly “secret” information.…

  • Businesses Can Sue Under Florida’s Trade Practices Law

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    – Non-consumers can bring a cause of action under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). – The claimant must still prove an injury or detriment to consumers to establish liability. – Caribbean Cruise Lines sued the Better Business Bureau (“BBB”) after receiving an “F” rating and brought a FDUPTA claim. – The…

  • “How Does a History of Domestic Violence Affect Family Law Cases?”

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    1. Florida law defines domestic violence as physical or sexual abuse by one family member or intimate partner against another. 2. Instances of verbal, psychological, financial, or emotional abuse are not considered “domestic violence” unless they rise to the level of threatened physical harm in Florida. 3. A judge in a family law case can…

  • Understanding the Kiddie Tax and How It Affects Your Family

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    – Income shifting is a tax strategy that transfers assets into children’s names to save taxes by moving income into lower tax brackets. – The kiddie tax rules apply to children under 18 or college students under 24, with unearned income over $2,300, and tax savings from income shifting are limited. – If the kiddie…

  • “Is Your Business Ready to be Sold?”

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    1. Contracts should be reviewed and updated to ensure they are conducive to a potential sale, including provisions for assignment, non-compete agreements, and customer contracts. 2. Financial records should be maintained in an organized and accurate manner, including P&L statements, balance sheets, tax returns, compliance with GAAP, detailed budgets, and knowledge of key financial metrics…

  • Understanding LLC Distributions in Florida: What You Need to Know

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    – Members of LLCs are entitled to distributions as stated in the operating agreement. – If a member is entitled to receive a distribution, they have the status of a creditor and can use remedies available to a creditor under Florida law. – An LLC may not make a distribution to its members if it…

  • “Understanding the Advantages of a Family Trust”

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    1. Dolly Parton is known for being one of the most philanthropic celebrities in the world, and there are lessons that can be learned from her passion to do good. 2. After winning a money judgment in a litigation case, individuals are entitled to the amount stated in the judgment, but it does not automatically…

  • Is Your Website Accessible for Everyone?

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    1. Many businesses have been sued for ADA violations related to website accessibility for the blind or visually impaired. 2. The pandemic led to an increase in these lawsuits as lawyers looked for new cases. 3. Retail businesses are the primary target of these lawsuits, but other sectors, such as hotels and restaurants, are also…

  • Understanding Florida’s Head of Household Exemption for Independent Contractors

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    1. The head-of-household exemption in Florida protects a portion of a head of household’s earnings from wage garnishment for six months if they provide more than half the financial support for their household’s dependents. 2. To qualify for the exemption, the head of household must earn compensation for personal services or labor, whether it be…

  • Florida’s Strong Non-Compete Statute Stands Test in Court

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    1. Section 542.336 of the Florida Statutes nullifies certain non-compete agreements for physicians in the same county as their former employers. 2. It is unclear whether the statute applies to existing contracts or only those entered into after its effective date. 3. The statute does not clearly define what medical practices would be considered a…

  • Unpaid Commissions and Bonuses: Florida Law FAQs

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    1. In Florida, workers are entitled to unpaid commissions and bonuses under contract law. 2. Common commission disputes include payment of commission tails post-termination, recategorizing new accounts as house accounts, and reducing commission percentage after sales were made. 3. Bonus disputes often concern entitlement to bonuses post-termination and withholding of bonuses under a “for cause”…

  • Challenging a Will – Understanding Your Rights in Inheriting Property

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    – Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. – Winning a money judgment in litigation doesn’t automatically provide funds, and there are steps to take to collect. – Non-citizens in the US don’t receive all the same tax benefits as citizens, especially when it comes to…

  • Answering Your Car Accident Questions

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    1. In Florida, even if the car accident is your fault, you will still have insurance coverage through personal injury protection (PIP). However, the other driver can still sue you if their injuries are severe. 2. Information about your car accident in Florida becomes public record 60 days after the collision. Until then, only select…

  • Time Limit for Florida HOA/Condo Association to Foreclose on a Lien

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    1. Florida law allows community associations to collect assessments from unit owners to cover operating and maintenance costs. 2. If a unit owner fails to pay, the association can record the unpaid assessment as a lien against the property and file for foreclosure, following the guidelines in Florida Statute Chapter 718. 3. As of May…

  • Florida’s New Consumer Privacy Law Makes Things Interesting

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    1. The Florida Digital Bill of Rights (FDBR) was passed by the state legislature on May 9, 2023. 2. The bill is expected to be signed into law by Governor Ron DeSantis and will take effect on December 31, 2023. 3. The FDBR is modeled after consumer privacy laws in Virginia but includes unique aspects…

  • Can a Condo Association Make Homeowners Pay for Legal Fees?

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    – Florida Statutes and governing documents of a condominium association allow for recovery of attorneys’ fees in many legal actions. – Section 718.116 of the Florida Statutes, also known as the Condominium Act, governs collections and provides for the recovery of attorneys’ fees. – The section includes limitations on the recovery of attorneys’ fees, but…

  • Busting Through Company Protections in Florida: What You Need to Know

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    1. Lack of separateness between the corporation and its shareholder(s) 2. Improper conduct in the use of the corporation by the shareholder(s) 3. Improper conduct was the proximate cause of the alleged loss – The corporation was so controlled by its shareholder(s) that its independent existence was non-existent, making the shareholders alter egos of the…

  • New York Business Legal Risk Assessment Service

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    1. Dolly Parton is known for her philanthropy and has lessons to teach about giving back. 2. After winning a court case and receiving a money judgment, individuals may wonder what steps to take next. 3. Non-citizens in the US do not receive the same tax benefits as citizens, especially when it comes to estate…

  • Enforcing Settlement Agreements in Court

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    1. The majority of participants preferred using social media for communication over face-to-face interaction. 2. Teenagers showed a higher level of stress and anxiety when using social media for long periods of time. 3. Users who spent more than 3 hours a day on social media reported higher levels of loneliness. – The Second District…

  • Understanding Condo Insurance Rules in Florida

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    – The Florida Statutes control property insurance requirements for condo associations and unit owners, regardless of what is in the condo’s declaration. – Adequate property insurance must be based on the replacement cost of the property, determined by an independent insurance appraisal performed at least once every 36 months. – The association’s board may determine…

  • Testimony from a Deceased Witness in Florida: What Happened and What They Saw

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    – Florida Statute § 90.602 was repealed in 2005 by the Florida Legislature. – The statute barred an interested party in an estate from offering testimony regarding oral communications with a deceased person unless there was a waiver in place. – The statute only applied when a witness was testifying for their own sole interest…

  • Defending a Personal Guaranty in Florida: What Doesn’t Work (Part 2)

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    1. The court in Sanz v. Professional Underwriters, Inc. found that resigning from a company does not automatically terminate liability under a personal guaranty. 2. The court ruled that a guarantor must comply with any cancellation provisions in the guaranty itself in order to be discharged from liability. 3. Simply leaving the company for which…