Perry Mason explains my career choice – though I have not yet concluded if I am angry with or thankful to that show’s creator. But, having practiced law for over 20 years, and assisting clients with probate, estate and business litigation, I offer a few observations about litigation in various stages from the initial drafting of documents, correspondence and courtroom
“Do You Want to Know a Secret?” was a 1963 top 10 hit by the Beatles about a romantic secret. Intellectual property law also deals with secrets, but of a different nature – trade secrets. We have previously written about trade secrets in IP law, but have not surveyed the statutes that relate to trade secrets. Until last year, trade
What happens when a promoter wants to put on an event, hypes it, markets it extensively, and then just isn’t able to deliver? Can that be treated as a class action? When does the marketing go too far and how does that affect the legal landscape of any potential class action? These issues were brought to life in the ill-fated
With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of
The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might
In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of
Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new
In addition to deciding cases, the Florida Supreme Court has the responsibility of adopting procedural rules for court proceedings; but the Court does not directly promulgate rules of evidence. The Legislature has enacted the Florida Evidence Code in chapter 90 of the Florida Statutes, and the Supreme Court usually adopts the legislative amendments to the extent they are procedural. The
According to a recent article in the New York Times, older employees, even those of retirement age, are staying in the workforce longer. Some are working longer out of necessity while others remain simply because of increased longevity. Whatever the cause for the trend, it is important to understand the laws that are in place to protect this older generation
From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night
Perry Mason explains my career choice – though I have not yet concluded if I am angry with or thankful to that show’s creator. But, having practiced law for over 20 years, and assisting clients with probate, estate and business litigation, I offer a few observations about litigation in various stages from the initial drafting of documents, correspondence and courtroom
“Do You Want to Know a Secret?” was a 1963 top 10 hit by the Beatles about a romantic secret. Intellectual property law also deals with secrets, but of a different nature – trade secrets. We have previously written about trade secrets in IP law, but have not surveyed the statutes that relate to trade secrets. Until last year, trade
What happens when a promoter wants to put on an event, hypes it, markets it extensively, and then just isn’t able to deliver? Can that be treated as a class action? When does the marketing go too far and how does that affect the legal landscape of any potential class action? These issues were brought to life in the ill-fated
With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of
The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might
In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of
Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new
In addition to deciding cases, the Florida Supreme Court has the responsibility of adopting procedural rules for court proceedings; but the Court does not directly promulgate rules of evidence. The Legislature has enacted the Florida Evidence Code in chapter 90 of the Florida Statutes, and the Supreme Court usually adopts the legislative amendments to the extent they are procedural. The
According to a recent article in the New York Times, older employees, even those of retirement age, are staying in the workforce longer. Some are working longer out of necessity while others remain simply because of increased longevity. Whatever the cause for the trend, it is important to understand the laws that are in place to protect this older generation
From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night
