Category: Florida BAR article
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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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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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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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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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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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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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Changing Landscape of Public Employee Free Speech in Florida
Over the years, the free speech rights of government employees have changed a lot. In 1968, the Supreme Court made a rule that balances an employee’s right to speak out with the needs of the government to run smoothly. Then, in 1983, the Court said that only speech about public issues is protected, not personal…
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Pay Transparency: A Remedy for the Gender Pay Gap?
Basically, for a long time, women had limited options for jobs, especially in the legal field. It wasn’t until the 1970s and 1980s that more women started becoming lawyers and judges. Even now, there are still more men than women in the legal profession. And even when women do get jobs at law firms, they…
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Recent Developments In Collective Action Certification Under The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) allows employees to come together to sue their employer for unpaid minimum wage and overtime. Courts used to make it really easy for employees to join these lawsuits, but recently, some courts have made it harder. This article explains the history of these lawsuits, the impact of the old…
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Florida’s Veterans’ Preference Act: Providing Meaningful Opportunities to Those Who Have Served Our Country
Florida is very veteran-friendly and has a lot of resources to help veterans find jobs and support their families. The state has laws that give veterans preference when applying for certain jobs, which has been around since World War II. This makes it easier for veterans to find work in the public sector. The purpose…
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The Birth of New Rights for Pregnant, Postpartum, and Nursing Employees
President Biden signed two new laws that protect pregnant and nursing workers. The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers, similar to the Americans with Disabilities Act. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) extends break and space requirements for expressing…
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The COVID-19 Pandemic: Lessons Learned for Labor and Employment Practitioners
In March 2020, President Trump declared COVID-19 a national emergency, leading to restrictions and shutdowns. Employers were faced with new legal challenges, and lawyers had to quickly adapt to help their clients navigate the pandemic. One important lesson learned was the necessity of staying updated on government guidance from agencies like the CDC and OSHA…
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What Employment Lawyers Should Know About the Form I-9 Overhaul: Factors to Prevent and Mitigate Liability
Employers need to make sure their workers are legally allowed to work in the US by filling out a form called the I-9. This form is important because it proves someone’s identity and work authorization. Employers have to be careful not to discriminate against people based on where they come from. A new version of…
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Coping with Client Expectations in Divorce
High school students should know that a family lawyer needs to understand their client’s feelings about divorce and the legal process. A therapist who works with divorcing clients can provide important information to the lawyer that the client may not share directly. A good lawyer-client relationship is important for a successful outcome in a divorce…
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Practical Aspects of Parenting Conflicts: Preparing parents for litigation
In 1982, the Shared Parental Responsibility Act became law in Florida. This law changed the way parents share time with their children. Instead of one parent having all the say, both parents now have rights and responsibilities to parent their children. This law is meant to be in the best interest of the child. Divorce…
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Navigating the Former Spouse Protection Act
The Former Spouse Protection Act helps to protect people who were married but are now divorced. The act covers things like sharing money and property after a divorce. It’s important to understand this law if you are getting a divorce in Florida. Source: https://www.floridabar.org/the-florida-bar-journal/navigating-the-former-spouse-protection-act/
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Happiness Is Being a Grandparent? The Evolution of Grandparent Visitation in Florida
Grandma and Grandpa Nomorals and Grandma and Grandpa Wonderful want to visit their grandchildren, Sonny and Joy. The parents are against it for different reasons. In Florida, the law allows grandparents to sue for visitation rights, but there are constitutional issues to consider. How the law is applied has changed over time, and it’s unclear…
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Appellate Court Trends in Permanent Alimony for Gray-Area Divorces
This article provides guidance for lawyers looking to argue for permanent alimony in Florida for marriages that lasted 5-20 years. It discusses important factors like the age of the spouse and the length of the marriage that judges consider when granting or denying permanent alimony. It also mentions a key court case that established the…
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Are Tort Claims Compulsory in a Dissolution of Marriage Action?
In 1984, Beres Waite seriously hurt his wife Joyce and he was convicted of attempted murder. They got divorced and Joyce tried to get money from her homeowner’s insurance for her injuries. The court initially said she couldn’t because of a rule preventing spouses from suing each other. But later, the Florida Supreme Court said…
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Parental Alienaiton Syndrome: An Age-Old Custody Problem
Parental alienation syndrome (PAS) is a situation where a child is manipulated to think that one parent is good and the other is bad. This can happen in families that are together or split up. The child might act out against the “bad” parent, sometimes getting physical symptoms like headaches or not eating. They might…
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Virtual Adoption: Contractual Estoppel of Parental Rights and Responsibilities
John Doe and Michelle Mother divorced when their daughter, Dana Daughter, was 10 months old. Michelle Mother made it difficult for John to see Dana, and eventually asked him to let her new husband, Peter Putative, adopt Dana. John agreed, thinking he wouldn’t have to pay child support anymore. But the adoption never happened. Years…
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Is It Time to Consolidate the General Master and Child Support Enforcement Hearing Officer Systems?
The population in Florida is growing, and so is the number of divorces and family law cases. There aren’t enough judges to handle all these cases, which means that it takes a long time for cases to be heard. There are also other factors, like emotions and financial issues, that make family law cases difficult…
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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…
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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.…