Tag: law-firm
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Preemptive Rights and Wrongs: First-Refusal and First-Offer Rights
Boris, the owner of Mallchester Mall, wants to add a clause to the All Brands USA lease giving them first dibs if the mall is sold. This might not be possible because the store is part of the mall, not a separate building. But Boris really needs the lease signed so he can refinance the…
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Chapter 9 Legal Services Plans: An Opportunity for Florida Attorneys to Deliver Legal Services to Floridians in the Post-COVID-19 World
In Florida, there is a rule that allows legal services plans to operate, which can benefit both clients and attorneys. Creating a Chapter 9 plan can help Floridians access legal services. The Chapter 9 plan is governed by specific rules and regulations. The Florida Bar supports the idea of legal services plans to increase people’s…
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Modern Complexity Demands New Ways of Working: The Future of the Lawyer-Nonlawyer Partnership
In February 2020, the Pennsylvania Law School held a conference about the future of the legal profession. Keynote speaker Vijay Govindarajan, a professor at Dartmouth College, talked about how successful organizations focus on managing the present, forgetting the past when necessary, and creating the future. This applies to the legal profession, too. The Florida Bar…
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As the Twig Is Bent: Law Student Insights Regarding Pro Bono and Public Interest Law
We talked to law students about how to get more people interested in public interest legal jobs and doing pro bono work. We were surprised that even the students who want to make a lot of money as lawyers had good ideas. We will share their suggestions and figure out who in the legal profession…
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Protectors and Directors and Advisers: Oh My! The New Florida Uniform Directed Trust Act
In 2021, Florida passed a new law called the Florida Uniform Directed Trust Act, which deals with trusts where someone other than the trustee has power over parts of the trust. This is becoming more common, so it was necessary to create new laws to govern how these types of trusts work. In the past,…
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Florida Workers’ Whistles Are Not Silenced
The Florida Supreme Court ruled that an employee does not have to give written notice to their employer of any unlawful activity in order to make a claim for being punished at work because of whistle-blowing. The court said that written notice is only needed for whistle-blowing based on disclosure, not for assistance or objection.…
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Defining the Hourglass: When Is a Claim Under the Florida Civil Rights Act Time Barred?
In 1992, the Florida Civil Rights Act (FCRA) changed the rules for filing a claim under the Human Rights Act. This article will focus on the time limit for filing a lawsuit under the FCRA. The Florida Commission on Human Relations must decide if there is a case of discrimination within 180 days. If they…
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Where There Is Fire, There Is Smoke: Issues Involving Smokers and Those Exposed to Smoke in the Wor
In the future, employers might need to consider smoking when making decisions about their employees. If there’s a lawsuit over firing someone, smoking could be one of the things they look at. The concept of anecdotal anarchy means that there are a lot of conflicting laws and rules in the workplace, which can create chaos.…
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The Perils of (Reporting and) Not Reporting Sexual Harassment
Summary: A man was injured at work and hired a lawyer from a big law firm to help him get compensation. The lawyer didn’t do a good job and the man lost a lot of money. He sued the lawyer and won the case. Three years ago, an article was published in The Florida Bar…
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Preparing the Workplace for a Pandemic
Florida employers need to prepare for possible pandemics like avian influenza, SARS, or bioterrorism by taking steps to ensure their workplaces are safe. The risk of a pandemic illness is significant enough to warrant the time and resources needed to keep business operations running. Employers should promote quarantine effectiveness, social distancing, and preventative hygiene to…
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Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit’s Palmer & Cay Decision Offer Earlybird Specials for Florida Forum Shoppers?
In the case Palmer & Cay, a court ruled that a noncompete agreement in Florida could potentially be unenforceable in Florida because of a decision made in a Georgia court. This seems unfair and conflicting with other court decisions. However, it’s possible that a Florida court could still have the final say on whether the…
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Marching Orders: When to Tell Your Boss No
This article discusses when a new lawyer can rely on the instructions of a more experienced lawyer, even when faced with an ethical dilemma. It explains that new lawyers must still follow their professional responsibilities, even if their supervising lawyer gives them conflicting instructions. The article also mentions that there are resources available to help…
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Gross v. FBL Financial Services, Inc.: Time to Apply the But For Burden of Proof to FCRA Discrimination Claims
In short, a law firm helped a client win a big case by proving that the other company broke their contract. It was a complicated process, but the law firm worked hard and was able to help their client win a lot of money. In Gross v. FBL Financial Services, Inc., the Supreme Court made…
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Taking the Fight to the Bullies: Tortious Interference Liability for Both Employer and Attorney on Baseless Restrictive Covenants, Part II
Filing a claim against a lawyer is risky because it can get personal and the lawyer will do everything to fight back. In a case about a noncompete agreement, both the former employer and the lawyer could be sued. The lawyer may have to consider if they can still represent the employer fairly, and if…
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Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 2
Policies and training are really important for employers. They help protect the company from legal issues. If the company has clear policies and trains employees, it can defend itself against claims of harassment. Some important policies for law firms include having language in the handbook that says employees can be fired at any time for…
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Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1
Make sure you’re not breaking any laws when it comes to how you treat your employees. The Fair Labor Standards Act (FLSA) has rules about overtime pay that you need to follow. If you don’t, you could get in trouble. As a law firm, it’s important to make sure you’re following all the rules when…
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Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers
In June 2008, Congress changed the law to make sure that certain workers who help with trucks and other vehicles can get overtime pay. This change applied to the time between 2005 and June 2008. When Congress passed the Fair Labor Standards Act (FLSA) in 1938, its main goal was to protect workers from low…
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Websites and Mobile Applications: Do They Comply with Title III of the Americans with Disabilities Act?
There are a lot of people in the US who have disabilities that make it hard for them to use the internet. For example, some people can’t see well, hear well, or use their hands easily. They rely on special technology to help them use the internet. But a lot of websites and apps are…
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The Times Are Still a Changing: Technology’s Continued Impact on Labor and Employment Law
Technology has a big impact on work and laws. Employers can get in trouble if their technology policies limit employees’ rights to work together for better pay and conditions. This is true whether or not the employees are in a union. The law protects employees’ right to work together for better pay and conditions. Employers’…
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Public Whistle-Blower’s Act: The Fourth District Court of Appeal Continues to Follow Trend in Expanding Scope of Retaliation Claims
The Fourth District Court of Appeal made a decision that expands the protection for whistle-blowers under the Public Sector Whistle-Blower’s Act. This means that more people are now protected if they report wrongdoing, and they can do so in different ways. The law protects employees who report violations of the law or other serious problems…
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Supreme Court Delivers New Life to Pregnancy Discrimination Claims in Young v. United Parcel Service, Inc.
The Pregnancy Discrimination Act (PDA) makes it illegal for employers to discriminate against pregnant women at work. Despite this law, many employees still face discrimination. One common complaint is that employers won’t make accommodations for pregnant workers. In the past, employers tried to comply with the law by giving light-duty work to pregnant employees, but…
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Practicing to Deceive: Using the Doctrine of Judicial Estoppel to Untangle the Web in Employment Cases, Part II
This part of the article talks about some important principles of bankruptcy law that affect the application of judicial estoppel. It mentions that not knowing these principles could have serious consequences for the outcome of a case. It also explains the role of trustees in bankruptcy cases, and how they can impact the judicial estoppel…
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Protecting Goodwill as a Legitimate Business Interest in a Restrictive Covenant Enforcement Action
In Florida, a recent court case has made it easier for employers to enforce restrictive covenant agreements against employees. The court clarified that the goodwill of the business can be a legitimate reason for enforcing these agreements, making it harder for employees to challenge them. This could have a big impact on Florida’s workforce and…
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Legal Challenges to Arbitration Awards: Part 1
Before the Federal Arbitration Act (FAA) was enacted in 1925, it was difficult to enforce contracts for arbitration. The FAA and other laws like the Taft Hartley Act promote arbitration as a way to resolve disputes. Courts don’t usually overturn decisions made by arbitration panels, except for specific reasons. The FAA outlines four circumstances in…