Florida Legal Articles

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E-Cigarettes Reputation As Safe Alternative To Tobacco Is Just More Smoke and Mirrors

  April 23, 2014     By Shapiro, Goldman, Babboni & Walsh
The dangers of e-cigarettes exposed by a new study showing e-cigarettes can cause cancer and the realization that many of the “safe” flavorings added can be toxic or have not been tested as an inhalant add up to one conclusion – they are simply not safe.

Citywide Celebrations Lead to Deadly Car Accidents

  April 22, 2014     By Lawlor Winston White & Murphey
Large, citywide festivals can bring communities together, boost the economy by attracting tourists, and help define the character of the region. However, there’s also a dark side to these large-scale events: more people are drinking and deciding to drive once they leave the celebration. Drunk driving is wrong under any circumstances, but it’s especially dangerous when the intoxicated driver may not be familiar with the city and is driving through an area with crowds of cyclists and pedestrians.

Calculating Future Medical Costs - Maximize Your Client's Personal Injury Spine Claim

  April 21, 2014     By Cutright Legal Consulting
Future medical cost calculations are a piece of the pie that is repeatedly left out of settlement offers and awarded settlements. The reality is that no one has a crystal ball or the ability to predict for certain which clients will need minor or major medical and or surgical intervention after their current injuries are managed or “fixed”.

Closing Problems & Pitfalls

  April 15, 2014     By Pohl & Short, P.A.
Occasionally unexpected issues arise that delay, or even stop, a real estate closing. There are also situations in which a Purchaser obtains title to property, and after closing learns that the property is subject to significant problems that would have been disclosed by the advice of an attorney or the review of a survey. Here are four recent examples:

Spending Time Apart Isn’t Good for a Marriage

  April 9, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Being in the military has its fair share of drawbacks. Military personnel are well aware of the fact that being in the military and serving their country comes with the possibility of being away from home for months, if not years, at a time. During times of war, men and women are gone for even longer.

Jail Isn’t Always the Best Option for Those Owing Child Support

  April 9, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Often times, custodial parents might agree that someone who doesn’t pay child support should be forced to deal with the potential consequences. For example, many people feel that any father who flees the country to avoid having to pay child support should wind up spending time behind bars. Sending the individual to jail might not be the smartest move for the family, which is the case in one situation recently.

Are Secret Accounts Really the Best Idea?

  April 9, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
When it comes to getting a divorce, money always comes into play when dealing with alimony, assets and especially child support. Many people are taking the necessary steps to prepare for their future in the event of a divorce.

Divorce Mediation is Another Option for Florida Divorce

  April 7, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Litigating a divorce may always be an option for Florida couples, but it isn't the only option. For couples that want an alternative, there is divorce mediation or collaborative law. It isn't always necessary to make ending a marriage an adversarial process. Sometimes, couples end up better of handling matters outside the courtroom.

Parent Visitation Rights FAQ

  April 7, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Any divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life.

Who Gets the Debt: Divorce and Bankruptcy

  April 7, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Divorces can be very complex, especially when there are major financial obligations, property and debts to divide. The situation can get very messy when there is a huge financial loss at stake for one or both parties. One of the biggest myths about getting divorced is that you can pass on your debt to the other party. This is simply not true. Without question, you can divorce your spouse, but what happens to those debts that you incurred while married?

Transfer Agents in the Going Public Process

  April 4, 2014     By Hamilton & Associates, P.A.
Transfer agents play a key role in the going public process. Transfer agents are the record keeper for a company’s securities when it goes public. Share ownership is reflected on the issuer’s shareholder list. In addition, transfer agents issue and cancel certificates to reflect changes in the ownership of securities and act as an intermediary for the company and its stockholders during the going public process.

Accredited Investors l Rule 506 Requirements

  April 4, 2014     By Hamilton & Associates, P.A.
Regulation D under the Securities Act of 1933,as amended (the “Securities Act”), sets forth a safe harbor from the registration statement requirements of the Securities Act for certain private placements of securities. In connection with these exemptions, offerings made in reliance upon Regulation D, Rule 504, 505 and 506 can be made to up to 35 non-accredited investors and an unlimited number of “accredited” investors.

Section 4(1) Exemption

  April 4, 2014     By Hamilton & Associates, P.A.
Rule 144 (“SEC Rule 144”) under the Securities Act of 1933 (“Securities Act”) provides a safe harbor from the registration provisions of the Securities Act for resales of restricted and control securities by persons other than the issuer if all conditions of the rule are complied with.

Form 8K Reporting of Reverse Mergers

  April 4, 2014     By Hamilton & Associates, P.A.
The Securities and Exchange Commission (“SEC”), Division of Corporate Finance frequently notes disclosure deficiencies in the disclosure of reverse merger transactions in on 8-K Filed. This post summarizes SEC staff comments in response to reports on Form 8-K reporting of reverse mergers with public shell companies or similar transactions that result in a public company no longer being designated as a shell company.

US Listings For Foreign Issuers

  April 4, 2014     By Hamilton & Associates, P.A.
Typically, foreign companies seeking to raise capital attempt to obtain public company status. Foreign companies that go public in the U.S. may complete a public offering by registering securities with the Securities and Exchange Commission (“SEC”) under the Securities Act of 1933, as amended (the “Securities Act”) or by registering a class of securities under the Securities Exchange Act of 1934 (the “Exchange Act”).

OTCMarkets OTCQX l Dual List USA

  April 4, 2014     By Hamilton & Associates, P.A.
The OTCMarkets OTCQX offers foreign issuers seeking to go public in the U.S. an appealing alternative to listing on a stock exchange. Foreign issuers whose securities are listed on a foreign stock exchange that qualify for the exemption from the reporting requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”),

Private Placement Memorandums 101

  April 4, 2014     By Hamilton & Associates, P.A.
A private placement memorandum (“PPM”) is also referred to as a confidential offering circular or memorandum. PPM’s are typcially prepared by securities lawyers who assist private companies with their going public transactions. PPM’s are used to raise capital by selling either debt or equity in an exempt offering that has not been registered with the SEC. These exempt offerings are often called private placements.

SEC Registration Statements l Question & Answer

  April 4, 2014     By Hamilton & Associates, P.A.
Addressing the most common questions we receive about going public using Form S-1 and the SEC registration statement process.

Section 16 Reporting

  April 4, 2014     By Hamilton & Associates, P.A.
Shareholders and management of private companies are often unaware of their reporting obligations upon completion of a going public transaction. Section 16(a) of the Exchange Act of 1934 (the “Exchange Act”) requires the reporting of beneficial ownership by the officers, directors and stockholders who hold stock directly or indirectly, beneficially owning more than 10% of the company’s common stock or other class of equity securities registered under Section 12(b) or 12(g) of the Exchange Act.

The JOBS Act’s Amendments to Form D

  April 4, 2014     By Hamilton & Associates, P.A.
On July 10, 2013, the SEC adopted final rules as required by Title II of the JOBS Act, which directed the SEC to eliminate the ban on general solicitation and advertising for certain offerings conducted under Rule 506 of Regulation D, of the Securities Act of 1933, as amended (the “Securities Act”) provided the securities are sold only to accredited investors.

Proposed Florida Laws Strip Medical Care Decisions Away from Doctors during Personal Injury Claims

  April 2, 2014     By Shapiro, Goldman, Babboni & Walsh
You could be forgiven for thinking messing around with health care coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make and options available for the seriously injured have sprung from the minds of two republican lawmakers.

The Ethical Dilemmas Present in Catholic-Run Hospitals

  March 25, 2014     By Gould Cooksey Fennell, P.A.
In recent years, there has been a significant increase nationwide in the number of mergers between large Catholic-run hospitals and smaller secular hospitals. This phenomenon is largely due to provisions in the new healthcare law requiring more efficiently-run medical facilities. However, these mergers force many patients, particularly women, to face an uphill battle when seeking out important medical treatments associated with reproductive health.

If my Friend's Property is Listed as Stolen, Can I be Held Responsible for Pawning it?

  March 20, 2014     By Law Office of James Davis, PA
There are many reasons as to why you were in possession of the property and why you would have never stolen it.

Should a Person Plead Not Guilty, Even Though They Are Guilty?

  March 19, 2014     By Law Office of James Davis, PA
The main center of the criminal justice system is that all persons are innocent until proven guilty, beyond a reasonable doubt. In other words, the only way you can be found guilty is if prosecution is able to prove it.

On The Coast of Florida, How Many Drugs Have Washed Up?

  March 19, 2014     By Law Office of James Davis, PA
Reports of drugs having washed up on the shores has been going on for many years. Just in the last 20 years, major headlines have been made by the billions of drugs that have been confiscated - and this is just the drugs that are found.

Flood vs. Water Damage Claims: Why You Need to Know the Difference

  March 7, 2014     By Lawlor Winston White & Murphey
So how do you know what’s covered and by which policy? That will mainly depend on the specific wording in your policy, but there are some features that are pretty much the same in all cases. Here’s a basic breakdown of flood and water damage insurance.

Review of The Owner/Design Professional Agreement from The Design Professional's Perspective

  March 3, 2014     By Pohl & Short, P.A.
This article reviews some of the issues addressed in a standard Owner/Design Professional Agreement, outlines concerns from the Design Professional’s perspective, and discusses how the Design Professional can reduce liability on a project and ensure equitable adjustments to the contract price and schedule for changed or additional design services. The agreement contemplated by this article is one to be used as part of a traditional design-bid-build approach.

You’re Going the Wrong Way! - Why Wrong Way Driving Happens

  February 25, 2014     By Slootsky, Perez & Braxton
While cities and states should obviously work to improve signs and barriers around any areas that have been a problem site for wrong way accidents, it seems clear that the best way to stop wrong way accidents is to stop drunk driving.

If I Allow My Friend to Drive Drunk, and it Results in Death, Can I Be Held Responsible?

  February 24, 2014     By Law Office of James Davis, PA
Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.

Structuring Florida Parenting Plans to Provide for Emergency Care for Asthmatic Children

  February 20, 2014     By Brawer Hirsch & Associates, P.A.
When Florida parents of asthmatic children are going through a dissolution of their marriage the circuit courts must approve a parenting plan which provides for emergency medical care and medical decision making as it relates to the minor asthmatic child.

Protecting Your Attention Deficit Hyperactive Disorder Child and Attention Deficit Disorder (ADD)

  February 20, 2014     By Brawer Hirsch & Associates, P.A.
No conscientious parent would allow their special needs child with Attention Deficit Hyperactive Disorder( ADHD) to be abused in a Florida dissolution of marriage case paternity case or complex custody matter. If you have a sense that your special needs child with Attention Deficit Hyperactive Disorder (ADHD) is the subject of abuse then you must address that issue with your Florida family lawyer.

Post-Dissolution of Marriage Considerations for Special Needs Children Subject to Parenting Plan Litigation

  February 20, 2014     By Brawer Hirsch & Associates, P.A.
In order to properly address the issues that will be facing parents of special needs children following the dissolution of a Fort Lauderdale Florida marriage it is imperative that the litigating parties either employ a Broward County special needs divorce attorney or make their Fort Lauderdale dissolution of marriage attorney aware of those certain and uniquely specific realities that effect their child and impair their ability to parent, support and time share for that child.

How You Can Carry a Firearm Without Getting Arrested in Florida

  February 14, 2014     By Law Office of James Davis, PA
It is a serious crime that is punishable with a long jail sentence to carry a concealed weapon in the State of Florida. But, there are ways to legally carry a firearm in Florida, which will keep you from being arrested and thrown in jail.

Resisting Arrest Without Violence

  February 14, 2014     By Law Office of James Davis, PA
Usually when people think about “resisting arrest” they imagine a suspect physically resisting the arresting officer who try to restrain them. It should surprise no one that this act is illegal and comes with additional charges. You may not be aware that a person can face resisting arrest charges whether they touch the officer or not.

Dash Cams Provide Essential Evidence in Truck Accident Cases

  February 14, 2014     By Luhresn Law Group
Based on the valuable evidence dash cams have provided in recent years, it’s interesting that more vehicles don’t have them. Because they’re a relatively new phenomenon, there are no US laws regulating dash cams, and while many commercial truckers use them, it’s not required.

The Proper Way To Carry a Firearm in Florida and Not Get Arrested

  February 13, 2014     By Law Office of James Davis, PA
It is considered a serious crime to carry a concealed weapon in Florida, a crime punishable by a long prison sentence. However, there are ways you can carry a firearm in Florida legally so as not to subject you to getting arrested and put in jail. If you live in Florida and own a firearm, it is vital that you know and understand how and when you can carry your firearm without being arrested.

5 of the Most Dangerous Roads in the U.S.

  February 4, 2014     By Lawlor Winston White & Murphey
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.

How to Document a Slip and Fall Case

  January 30, 2014     By Slootsky, Perez & Braxton
Chances are, you’ve slipped or tripped and started to fall but caught yourself—or maybe fell but didn’t seriously injure yourself—sometime in the last year. Everyone has those moments, and usually you can just laugh them off as a moment of clumsiness and move on.

Downed Power Lines Make Auto Accidents More Deadly

  January 21, 2014     By Slootsky, Perez & Braxton
If you were paying attention to the news over the holidays, you probably heard a number of stories about downed power lines and even utility poles and how they were wreaking havoc by cutting off electricity for people.

Vesting Property Title 2: The Sequel

  January 12, 2014     By Pohl & Short, P.A.
John Smith and Michael Jones are two friends who enjoy fixing and remodeling homes. They decide to go into business together, to buy distressed properties through foreclosure sales, to repair and remodel them, and then to sell the remodeled homes for a profit. They shake hands and agree to proceed, with each contributing one half of all expenses, and with each sharing one half of the profits. John Smith then comes to me for advice.

Florida Law Enforcement Agencies Team Up to Fight Hit and Run Accidents

  December 16, 2013     By Law Office of James Davis, PA
In a press release recently by the FDHS the Florida Department of Highway Safety and Motor Vehicles, there has been an increase in fatal hit and run auto accidents within the past two years in Florida.

Will Surveillance Cameras End Nursing Home Abuse?

  December 13, 2013     By Ferrer Shane, PL
A watchful eye may be the better alternative to no eye at all in a situation where abuse of elderly or otherwise vulnerable residents is known to happen.

Costa Concordia Cruise Ship Accident

  December 12, 2013     By Law Offices of James O. Cunningham, P.A.
Perhaps one of the most prolific – and horrendous – cruise ship accidents in recent memory was the January 2012 sinking of the Costa Concordia. When the ship ran aground off the cost of Italy, 4,200 passengers and crew members were forced to evacuate. Unfortunately, dozens of passengers were injured and a yet-still-unknown number killed.

American Gun Culture

  December 7, 2013     By Ferrer Shane, PL
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.

15 Things You Should Know about Your Life Insurance Policy and Life Insurance Claims

  December 3, 2013     By Law Offices of Jason Turchin
A life insurance company got a letter from an elderly lady. It read, “I’m sorry, but I have to cancel my husband’s life insurance policy. He died last year and I cannot afford to continue paying his premiums.” Joking aside, life insurance companies often look for reasons not to pay claims whenever possible.

How an Insurance Attorney Can Help a Public Adjuster

  November 25, 2013     By Mena Law Firm
By working together on litigating insurance claims, public adjusters and attorneys can obtain beneficial outcomes for their client. In their partnership, each will use their unique skill set to recover the maximum possible compensation for the claimant.

Deadliest Jobs: 3 of America’s 10 Deadliest Jobs are Construction-Related

  November 15, 2013     By Ferrer Shane, PL
Three of the ten deadliest jobs in America are construction-related. Roofers are no. 4 on the list, followed by structural iron and steel workers at no. 5 and construction laborers at no. 10.

Traumatic Brain Injuries Inside (and Outside) the NFL

  November 1, 2013     By Ferrer Shane, PL
Brain injuries aren’t just the NFL’s problem, but if a concussion is one type of TBI, it’s downright irresponsible to “minimize the dangers” of having a concussion.

How to Avoid Predatory Lending

  October 31, 2013     By Elayne M. Perez, PA
Predatory lending encompasses a wide range of deceptive and unfair practices. Learn how you can avoid the lending scams that will put your home at risk of foreclosure.

Dog Bites: Losing Your Life in the Sunshine State

  October 30, 2013     By Ferrer Shane, PL
If a pit bull or rottweiler has a bad moment, instead of being bitten, often someone is maimed or killed; that has now created off-the-chart actuarial risk.