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Regulatory Enforcement Actions: A Special Brand of Commercial Litigation

Christopher Parrington October 21, 2015

In today’s world, businesses and their owners need to be prepared for legal threats from various sources. For example, competitors may engage in various conduct to obtain an unfair business advantage. Former employees may attempt to compete directly with their former employer in violation of restrictive covenants. Business owners may have partners that cause more harm than good to the

True Lies: Section 43(a) of the Lanham Act

Z. Peter Sawicki and James L. Young October 21, 2015

There are many types of false and misleading advertising tactics. For example, bait and switch advertising, high pressure sales tactics, artificially inflating prices, deceptive form contracts, and the failure to disclose certain facts. Our focus in this article is how to deal with the situation where your client, a business owner, comes to you and says, “My competitor has published

Birth Certificate Issues for Same-Sex Parents in Florida

Doreen Yaffa October 7, 2015

Lawsuit claims Florida might be breaking the law by refusing to acknowledge married same-sex couples as parents on birth certificates When the U.S. Supreme Court ruled in Obergefell v. Hodges that the Constitution required that same-sex couples be allowed to marry no matter where they live, it also required all states to extend the identical benefits and obligations opposite-sex spouses

The Fundamental Error Exception to the Preservation-of-Error Rule

Robin Bresky October 7, 2015

An appeal is an opportunity for the appellate court to review an order or judgment of a lower tribunal and correct reversible errors. “But an appellate court will not consider an issue unless it was presented to the lower court. Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal

Direct Challenges to Administrative Orders

Amanda Lundergan September 23, 2015

There is a little-known tool hidden in the bowels of the Rules of Judicial Administration that may be used to challenge administrative orders issued by circuit court chief judges. This rule allows nearly a direct path to the Florida Supreme Court for review of administrative orders to ensure that changes to court rules and procedures are given the proper level

All Bail Orders are Not Created Equal

Sheridan Lewis September 10, 2015

By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a

Arizona Election Law: A Staple on U.S. Supreme Court Docket

Peter Silverman September 10, 2015

As nations around the world struggle transitioning to democracy, we may overlook that after more than two centuries we in the United States still grapple with our democratic system. Election law exists at the heart of our system of governance. If, as Justice Brandeis suggested, states are the laboratories of democracy, Arizona is conducting experiments in election law that are

Intellectual Property & Employment Law Crossover

Stephen Danz September 9, 2015

Overview of Patent Law, Trademark Law & Copyright Law Each area of intellectual property carries a uniquely shaped historical background and continues to develop as new regulations, litigation, and technologies emerge, but each shares the protection afforded by the California and federal courts. The most significant U.S. statutes pertaining to intellectual property are the U.S. Copyright Act of 1976, the

Real Property Changes in Ownership

Norma J. Williams September 9, 2015

Changes in ownership of California real property permit county assessors to reassess the property for property taxation as of the date of the ownership change. Reassessments may cause taxes to increase or decrease. A change in ownership is any transfer of a present interest in real property or its use that is substantially equal to the fee interest in the

International Adoption – An Introduction

Erin Brown September 9, 2015

Each year, thousands of families in the United States pursue international adoptions. The process highlights the best values of America’s immigration system, by creating families and uniting parents with children in need. International adoption may be preferred to domestic adoption for personal reasons, for reasons ranging from a preference to closed adoption (with no contact with birth parents) to the

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