The Florida Revised LLC Act was enacted in 2013 and took effect Jan. 1, 2014 for new Florida LLCs and Jan. 1, 2015 for all Florida LLCs. However, in 2015, the legislature further amended the act with clean-up changes and glitch fixes as well as some important substantive adjustments. One of those substantive adjustments may cause members and managers of
The Ohio State Bar Association (OSBA) recently supported amendments to legislation in the Ohio General Assembly that propose substantial changes to Ohio’s foreclosure process. The legislation has four components: increasing the statute of limitations for suit on a promissory note, expanding the right to enforce a promissory note, creating new criminal code for homeowners between the date of foreclosure filing
For many workers’ compensation clients, their injuries lead them to also apply for Social Security disability. Later, most are upset to find out that some or even all of their Social Security benefits are offset by their workers’ compensation payments (some states offset workers’ compensation benefits, others Social Security). The windfall provision, under the Social Security Act (SSA), allows for
Legal fictions are everywhere. For instance, we often invent people to play roles in applying our legal standards. The most well-known is probably the reasonable person standard for a negligence determination where the liability evaluation is based on how an idealized person exercising ordinary prudence would act in a certain situation. The reasonable person is not an average person and
Divorce is as much a financial process as an emotional one. If a party does not receive his/her fair share of the marital property, that spouse may be left facing difficult financial circumstances for some time after the divorce. That is why the failure of a party to disclose all of the assets during a divorce is a critical violation
Many fans have seen collegiate athletes carted off the field on stretchers and loaded into waiting ambulances. These injuries are frequently debilitating and life changing. According to the NCAA’s own statistics, there are approximately 20,000 injuries to college football players annually – with approximately 800 of those being severe neck and head trauma. Fortunately for many student athletes, the NCAA,
With the number of failed financial institutions increasing in the last decade, bank officers and directors have seen a commensurate increase in claims asserted against them by the Federal Deposit Insurance Corporation (FDIC). According to the FDIC’s website, the FDIC brought claims against directors and officers (D&O) in 24percent of the bank failures between 1985 and 1992. From Jan. 1,
A qualified domestic relations order (QDRO) is used in a divorce to divide the retirement, pension and other such interests of parties. Whether you actually draft QDROs yourself or refer your clients on to another attorney for the drafting of the QDRO following the signing of the decree of divorce, it is critical that you include proper language in the
In litigating breach of contract claims, litigants may focus upon a party’s motivation in terminating or allegedly breaching a contract. Plaintiff ’s counsel, hoping to paint the defendant as a bad actor, may want to introduce evidence showing the contract was breached or terminated solely for vindictive or other nefarious reasons. Defense counsel may want to reduce the dispute to
As long as there is business litigation, there will be a need for emergency injunctive relief to prevent the proverbial wrecking ball from smashing through your client’s business. Across virtually all businesses, situations calling for emergency injunctive relief will occur from time to time. For example, when an employee departs for the competition in blatant violation of a non-compete agreement,
The Florida Revised LLC Act was enacted in 2013 and took effect Jan. 1, 2014 for new Florida LLCs and Jan. 1, 2015 for all Florida LLCs. However, in 2015, the legislature further amended the act with clean-up changes and glitch fixes as well as some important substantive adjustments. One of those substantive adjustments may cause members and managers of
The Ohio State Bar Association (OSBA) recently supported amendments to legislation in the Ohio General Assembly that propose substantial changes to Ohio’s foreclosure process. The legislation has four components: increasing the statute of limitations for suit on a promissory note, expanding the right to enforce a promissory note, creating new criminal code for homeowners between the date of foreclosure filing
For many workers’ compensation clients, their injuries lead them to also apply for Social Security disability. Later, most are upset to find out that some or even all of their Social Security benefits are offset by their workers’ compensation payments (some states offset workers’ compensation benefits, others Social Security). The windfall provision, under the Social Security Act (SSA), allows for
Legal fictions are everywhere. For instance, we often invent people to play roles in applying our legal standards. The most well-known is probably the reasonable person standard for a negligence determination where the liability evaluation is based on how an idealized person exercising ordinary prudence would act in a certain situation. The reasonable person is not an average person and
Divorce is as much a financial process as an emotional one. If a party does not receive his/her fair share of the marital property, that spouse may be left facing difficult financial circumstances for some time after the divorce. That is why the failure of a party to disclose all of the assets during a divorce is a critical violation
Many fans have seen collegiate athletes carted off the field on stretchers and loaded into waiting ambulances. These injuries are frequently debilitating and life changing. According to the NCAA’s own statistics, there are approximately 20,000 injuries to college football players annually – with approximately 800 of those being severe neck and head trauma. Fortunately for many student athletes, the NCAA,
With the number of failed financial institutions increasing in the last decade, bank officers and directors have seen a commensurate increase in claims asserted against them by the Federal Deposit Insurance Corporation (FDIC). According to the FDIC’s website, the FDIC brought claims against directors and officers (D&O) in 24percent of the bank failures between 1985 and 1992. From Jan. 1,
A qualified domestic relations order (QDRO) is used in a divorce to divide the retirement, pension and other such interests of parties. Whether you actually draft QDROs yourself or refer your clients on to another attorney for the drafting of the QDRO following the signing of the decree of divorce, it is critical that you include proper language in the
In litigating breach of contract claims, litigants may focus upon a party’s motivation in terminating or allegedly breaching a contract. Plaintiff ’s counsel, hoping to paint the defendant as a bad actor, may want to introduce evidence showing the contract was breached or terminated solely for vindictive or other nefarious reasons. Defense counsel may want to reduce the dispute to
As long as there is business litigation, there will be a need for emergency injunctive relief to prevent the proverbial wrecking ball from smashing through your client’s business. Across virtually all businesses, situations calling for emergency injunctive relief will occur from time to time. For example, when an employee departs for the competition in blatant violation of a non-compete agreement,
