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Class Action Settlements and Bad Faith Objectors: A Plague on Both Our Houses

Patrick Brickman June 7, 2017

Class actions often end in settlement for myriad reasons. The exposure for a defendant company or government is usually substantial. Often the conduct was accidental and the entity wants to make it right. Sometimes the company is publicly traded and litigation exposure will affect their stock price. The Considerations in a Class Action Negotiation These cases are regularly worth millions

Estate And Probate Litigation: Game On

Jacqueline Schuh June 2, 2017

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

The Defend Trade Secrets Act: Do You Want to Know a Secret?

Z. Peter Sawicki and James L. Young June 2, 2017

“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

When Does Social Media Marketing Become a Dumpster Fyre?

Patrick Brickman May 17, 2017

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

The Making of a Surgeon Serial Killer

Kay Van Wey May 12, 2017

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

Trademarks – The Surname Game

Z. Peter Sawicki and James L. Young May 11, 2017

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

Even More Gray Area: The Impact of Cognitive Dysfunction in Older Divorce Clients

Kathleen Newman May 11, 2017

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

Financial Planning After Divorce

Patrick Perotti May 10, 2017

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

Florida Supreme Court Declines Daubert Standard for Expert Evidence

Robin Bresky April 27, 2017

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

Age Discrimination

Ric Selby April 25, 2017

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

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