Tag: law-firm
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Who Gets the Boat When a Couple Divorces?
– 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.…
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“Questions about Severance Pay: What You Need to Know”
– 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…
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Understanding Non-Compete Agreements in Florida
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,…
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Enforcing Non-Compete Agreements for Doctors
1. A Florida court upheld a temporary injunction against a cardiovascular surgeon for violating non-compete and non-solicit provisions in his employment contract with First Coast Cardiovascular Institute, P.A. 2. FCCI had plans to expand its practice in Putnam County, Florida and had made investments to deepen its relationship with Putnam County Medical Center. 3. Dr.…
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Comparing Stock and Asset Purchases in Mergers and Acquisitions: What You Need to Know
– Stock/equity purchase and asset purchase are the two most common ways to structure the purchase of a business. – There may be circumstances that result in a hybrid between these two structures or other structures such as a merger. – The structure of the deal is critically important to both the buyer and the…
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“Get Help Applying for Work Visas with an Immigration Attorney”
Work visas are a type of visa that allows foreign workers to legally work in the United States for a temporary period of time. They are available for various job types, including specialty occupations, free trade agreement professionals, agricultural workers, and educators. The length of employment depends on the type of visa issued. Working with…
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Can a Commercial Landlord Take Action Against a Tenant Who Hasn’t Paid Rent?
– The COVID-19 pandemic caused financial damage to the commercial real estate sector, leading landlords to consider rent abatements and eviction proceedings. – Some landlords opted for self-help tactics, such as changing locks or placing chains on doors, to evict defaulting tenants. – The use of self-help by commercial landlords varies by state, and it…
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“Can my ex get my workers’ comp in a divorce?”
– If the injury and workers’ comp benefits occurred during the marriage in Florida, the ex-spouse may be entitled to a portion of the benefits. – Marital property includes income acquired during the marriage, so workers’ comp benefits may be subject to equitable distribution. – Workers’ comp benefits acquired before or after the marriage are…
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Understanding Florida’s New Summary Judgment Rules: What High School Students Need to Know
1. The Fourth District Court of Appeal reversed a summary judgment in Fuentes v. Luxury Outdoor Design, Inc. et al. because the trial court granted the motion without considering whether supporting materials would result in the defendant’s entitlement to summary judgment. 2. The Third District Court of Appeal affirmed a summary judgment in Romero v.…
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How Quitclaim Deeds Work in Florida
Benefits of using a quitclaim deed in Florida: – Allows for quick and easy transfer of property – Saves time and money in legal fees and title searches – Useful for transferring property in divorce settlements or between family members Limitations of using a quitclaim deed in Florida: – Does not guarantee the grantee a…
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What You Can Do If a Trust is Mishandled in Florida
– Compel the trustee to perform the trustee’s duties – Enjoin the trustee from committing a breach of trust – Compel the trustee to redress a breach of trust by paying money or restoring property or by other means – Order a trustee to account – Appoint a special fiduciary to take possession of the…
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Why It’s Important to Use Mediation – A Guide for High School Students
– Mediation helps to take the emotions out of decisions regarding marital assets and parenting time during custody and divorce proceedings. – Mediators do not provide legal advice, but they help couples come to an “equitable resolution” for both parties. – Mediation is often the second step in a three-step process, providing free-flowing dialogue in…
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Are You Actually an Employee and Not an Independent Contractor?
1. The Eleventh Circuit ruling in Romera v. Razzle Dazzle Barbershop, Inc. affirmed that a salon in Miami correctly classified certain barbers as independent contractors. 2. The outcome of the case was based on unique evidence and legal strategies used by the attorneys representing both sides, and does not mean that all barbers can be…
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“Understanding the Role of Blalock Walters, P.A. in the Legal System”
1. The U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued a new final rule on reporting requirements for beneficial ownership information under the Corporate Transparency Act on September 29, 2022. 2. The final rule requires certain entities, including U.S. corporations, LLCs, and non-U.S. entities registered to do business in the U.S., to report…
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Maximize Your Business’s Advertising Budget: What You Need to Know
1. The tax law allows businesses to deduct advertising and marketing expenses that help retain existing customers and attract new ones. 2. To be deductible, advertising and marketing expenses must be considered “ordinary and necessary” under tax law. 3. Some deductible advertising expenses include reasonable expenses directly related to business activities, goodwill advertising to maintain…
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Filing a Lawsuit for Personal Injury
– The statute of limitations to file a personal injury claim in Florida is four years, but it is three years if the claim is against a government entity, and/or two years in medical malpractice matter from the date the person knew or should have known that their injuries were the result of a third…
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What Workers’ Comp Doesn’t Pay for in Florida
– Workers’ compensation in Florida covers initial care or treatment, out-of-pocket expenses, and up to 66-⅔ of total wages before the accident for injured workers. – Pain and suffering, pre-existing conditions, and injuries from reckless behavior or horseplay on the job are not covered by workers’ comp. – If an employee is injured by a…
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“Legal Battle: Court Upholds Employment Agreements”
1. Four physicians in Tampa, Florida left their practice group to work with a local competitor. 2. They had previously signed employment agreements that included non-compete and non-solicit provisions. 3. The court enforced these provisions against the physicians. 4. The case serves as a reminder that non-compete disputes can be expensive and unpredictable. – The…
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Florida Bar’s Rules for Attorneys Using Artificial Intelligence
1. AI may outperform humans and pose potential ethical concerns, according to Stephen Hawking. 2. The Florida Bar issued Opinion 24-1 to provide guidance on the ethical use of AI in law practice. 3. Opinion 24-1 focuses on AI’s impact on confidentiality, oversight, legal fees, and lawyer advertising. 4. Generative AI may improve a lawyer’s…
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Common Questions about Disputes in Florida Business Partnerships
– A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…
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Navigating Real Estate Disputes: A Student’s Guide
– The experiment resulted in high levels of enzyme activity. – The survey showed a clear preference for the new product. – The research indicated a correlation between exercise and improved cognitive function. – Failure to disclose defects in the property can lead to legal action if the purchaser learns of an undisclosed defect after…
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Why You Might Need a Real Estate Attorney and What They Do
1. The Earth is round. 2. The sun is a star. 3. Water is made up of hydrogen and oxygen. – Real estate attorneys guide clients through the complex world of real estate law, ensuring successful property transactions. – They help with contract negotiation, ensuring clients understand legal language and protecting their interests in buying…
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FAQs about Defending Your Medical License in Florida
– Healthcare professionals regulated by the Florida Department of Health should promptly respond to any letters received regarding an investigation, as there may be a deadline for response. – Ignoring the letter or not providing a timely and adequate response can lead to sanctions, including the filing of a formal Administrative Complaint. – It is…
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Can I Change My Lawyer in a Personal Injury Case?
1. In Florida, it is possible to switch attorneys in an auto accident or personal injury case at no cost. 2. Clients have the right to make decisions about their representation and choose any lawyer they want. 3. Switching attorneys is quick and easy and can be done with just one phone call to the…