Florida Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Florida
August 17, 2016 By Jurado & Farshchian, P.L.
While the worlds of law and fashion may seem as far apart as one can imagine, legal matters are inseparable from any career or aspirations in the fashion industry. To understand why fashion law is so important, one must start with what it is and why it should matter to you.
August 19, 2016 By Jurado & Farshchian, P.L.
Typically, most business people do not want to be in a situation where they feel compelled to get out of a contract before the end of the contract term.
August 15, 2016 By Jurado & Farshchian, P.L.
The Florida Fair Housing Act and federal law prohibit landlords from discriminating against tenants based on a number of factors, including race, gender, religion, national origin, age, disability (physical or mental) or familial status.
August 15, 2016 By Jurado & Farshchian, P.L.
The J-1 visa program enables foreign nationals to come to the U.S. to study, teach, conduct research or receive training for up to several years. The J-1 visa program is administered by the U.S. Department of State, which designates public and private entities to serve as sponsors for J-1 visa applicants.
August 11, 2016 By Jurado & Farshchian, P.L.
Buying or selling property is usually the biggest financial transaction in anyone’s life. It can have a ripple effect on your finances for decades to come. Whether those ripples are beneficial or detrimental depends on the details of the transaction.
August 11, 2016 By Apfelbaum Law
A written contract plays a vital role in any business transaction. Apart from making the agreement between concerned parties legally binding, contracts can also serve as future references, part of the business’ policies, as well serve as proof in the event of misunderstandings, complaints or disputes needing litigation proceedings
August 11, 2016 By The Kilfin Law Firm, PC
Theft involves the unlawful taking of, or using, the property of another person, or endeavoring to do so. Theft offenses in Florida can be prosecuted as either felonies or misdemeanors depending on the nature of the item taken, the value of the item taken, or the number of prior theft convictions an accused person has.
After years of litigation, the Supreme Court let stand a ruling that Google Books makes fair use of others' copyrights. What does that mean for you?
Defamation (untrue statements that damage a reputation) is becoming more widespread as a cause of litigation, as the internet makes it increasingly easy for these messages to spread. Many new lawsuits pertain to false reviews of, or malicious attacks on, businesses. Yet as one lawsuit between two Hollywood heavyweights reminds us, "old fashioned" defamation still occurs as well - and spreads just as easily.
Legal disputes have become increasingly common among breweries and distilleries. Companies are litigating not only over trademark confusion, but also the meanings of words like "craft" and "handmade." The outcome of some of these suits may have wider implications, impacting how certain beverages are labeled.
As social media continues to become further ingrained in our daily lives, businesses and individuals should consider its potential role in litigation - particularly intellectual property-related matters. Here, a few examples of lawsuits and potential lawsuits that have arisen specifically due to social media sharing.
When a jury found that Robin Thicke and Pharrell Williams' hit song "Blurred Lines" infringed Marvin Gaye's "Got to Give it Up," the world was shocked, and the music industry panicked. Here, we explain why the year Gaye's song came out was a major factor in outcome - and why, if it had been written only a short time later, the verdict may have been different.
August 3, 2016 By Jurado & Farshchian, P.L.
Contracts are integral to the success and smooth functioning of every industry, and fashion is certainly no exception.
August 1, 2016 By Jurado & Farshchian, P.L.
Before you hire independent contractors, consult with a qualified business attorney to be sure you will comply with IRS regulations. Your attorney can help you draft a written contract that details the duties of the contractor and keeps you on the right side of the law.
July 27, 2016 By Apfelbaum Law
Many people believe that the only way to get access to residency in the United States is by getting a “green card”, but that is not so. For example, there is a program that gives foreign investors the possibility to obtain a residence permit when investing in the United States.
July 27, 2016 By Apfelbaum Law
In most states, including Florida, it is not required for a Limited Liability Company (“LLC”) to have an Operating Agreement, but it is always recommended to create one. The reasons are several, as we shall see below.
July 25, 2016 By Jurado & Farshchian, P.L.
Whether you are selling or buying a home, the last thing you want to encounter are problems with the real estate title. Unfortunately, the foreclosure crisis that hit Florida so hard several years ago sometimes makes it difficult to obtain a clear or marketable real estate title.
July 19, 2016 By Jurado & Farshchian, P.L.
There are many reasons franchisees decide to sell their franchise – life changes like death, divorce or retirement comes to mind – and if you are looking at investing in a resale franchise, you should neither discount nor leap into it without careful investigation.
July 20, 2016 By Jurado & Farshchian, P.L.
If you are opening a new restaurant in Florida or are the new owner of an existing restaurant, you are required by law to obtain a business license from the Florida Department of Business and Professional Regulation’s Division of Hotels and Restaurants before you can begin operation.
July 18, 2016 By Apfelbaum Law
In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company. However, real estate transactions are important and complex investments, and, in most cases, one of the most important purchases for an individual or family.
July 19, 2016 By CSI Secure Solutions
According to the US Department of Justice, every year there are around 800,000 children who got missing or exploited. (October 2002 report) That's typically 2,185 children being reported missing every day.
July 15, 2016 By Morgan & Morgan
When a Memphis worker is injured on the job, they can rely on workers’ compensation for medical benefits, and in some cases, replacement wages. Workers’ compensation laws are complicated, though, and differ from state to state.
July 13, 2016 By Jurado & Farshchian, P.L.
A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the state of the property.
July 13, 2016 By Jurado & Farshchian, P.L.
Getting the right space to house your new business is essential, but you need to get it on the right terms to ensure your business is in a prime position to succeed. Commercial leases are prepared by landlords, and crafted to favor landlords.
July 12, 2016 By Jurado & Farshchian, P.L.
July 8, 2016 By Jurado & Farshchian, P.L.
Contingencies in real estate purchase contracts specify conditions that must be met before closing can take place. Some of the standard contingencies in real estate contracts include financing, inspections, insurance and other things that must be in place before the sale is completed.
July 7, 2016 By Jurado & Farshchian, P.L.
Successful real estate investors know that to protect your investment, you not only need to have the proper insurance for your property, but you also need to take some extra steps to manage risk when leasing investment property to tenants.
July 6, 2016 By The Law Offices of Grant J. Gisondo, P.A.
Yes, in many instances in Florida post judgment alimony can be modified. There are, however a number of considerations. Alimony is money paid from one party in a dissolution of marriage to the other party.
July 6, 2016 By Jurado & Farshchian, P.L.
One of the most common business disputes involves a breach of contract, where lawsuits are filed because one party believes another party has failed to deliver on the terms of a written – or sometimes oral – contract.
July 5, 2016 By Jurado & Farshchian, P.L.
Even with the national economy and housing market on the upswing, Florida continues to have one of the highest rates of foreclosure in the U.S.
July 5, 2016 By Jurado & Farshchian, P.L.
Florida was among the hardest hit states in the national housing crisis, and state courts are still dealing with the flood of foreclosures crowding dockets. In 2013, the Florida Fair Foreclosure Act (“FFFA”) was signed into law in attempt to unclog the court system with an expedited foreclosure process that both hurts and helps distressed homeowners.
July 11, 2016 By Apfelbaum Law
Child support, either as a result of divorce or a dispute between unmarried parents, is a potentially complicated situation from the emotional, financial and family point of view. The parents and parties involved (including your Florida divorce or family attorney), must not lose sight that the goal of child support is not to resolve conflicts between the parents but to ensure the welfare of the children.
July 1, 2016 By The Pendas Law Firm
A female high school lacrosse player recently filed a personal injury lawsuit against Orange County, the Florida High School Athletics Association, and the opponent who dealt her the blow that caused her to sustain a concussion during a game. The Orange County lawsuit seeks $15,000 in compensation as remedy for the victim’s injuries.
July 1, 2016 By Vanessa L. Prieto Law Offices, LLC
Florida Governor Rick Scott signed HB 967, which is entitled “Collaborative Law Process Act,” into law on March 24, 2016. In doing so, Florida joins an increasing number of other states who already have enacted legislation permitting collaborative divorces. Before the Act becomes effective, however, the Florida Supreme Court must approve and adopt Rules of Procedure and Rules of Professional Conduct to govern the collaborative divorce process.
July 1, 2016 By Barbas, Nuñez, Sanders, Butler & Hovsepian
Facial injuries can be devastating and traumatic. In the personal injury context, they are different from other types of injuries; the very appearance of a scar, a wound, or disfigurement may need to be compensated. Much more than visible damage to other parts of the body, facial injuries can cause emotional distress, affect quality of life, or require reconstructive surgery. How does a personal injury case function or change when the injury is to a victim’s face?
July 1, 2016 By Alan Goldfarb, P.A.
Accidents between a pedestrian and a car can be some of the most dangerous kinds of vehicular incidents in terms of the possibility for serious personal injury or death. The weight and momentum of a vehicle, combined with the lack of protection inherent to being a pedestrian makes it so that even a low speed collision can cause grievous injuries to the people involved.
July 1, 2016 By Gillette Law, P.A.
After suffering injuries in a car accident, a person may seek compensation or coverage for the medical bills related to these injuries, either from their own insurance company or from a third party insurance company. Whichever insurance company a person is dealing with, there may come a point in the claims process where additional medical information is requested by the insurance company.
June 30, 2016 By Jurado & Farshchian, P.L.
Enhanced life estate deeds, commonly known as “Lady Bird Deeds” provide a legal mechanism for property to pass automatically to a person or group of people without going through Florida probate.
June 30, 2016 By The Baez Law Firm
Florida’s drug laws are among the strictest in the nation. Mere possession of a controlled substance such as cocaine, heroin, or methamphetamine is a third degree felony, which can carry penalties including fines and up to five years in prison. If you are currently facing possession charges, however, you are not without legal defenses.
June 30, 2016 By Pike & Lustig, LLP
Business owners place significant faith in the hands of their employees. Unfortunately, sometimes this trust is misplaced and insider employees commit major fraud against the business. Florida companies of all sizes have been seriously damaged by employee business fraud. If you believe that your company has been victimized by an employee, please contact an experienced West Palm Beach business fraud attorney for immediate legal assistance.
June 29, 2016 By Pita, Weber & Del Prado
Summer is the time of year when people usually think about all the time they plan to spend outside enjoying the weather and spending more time with their family. While Florida’s climate allows for outdoor activity year round, there is still an emphasis on doing more during this season, now that children are out of school. Many of these activities happen on or around water due to the state’s geography, and as a result, Florida has one of the highest levels of boat ownership in the country.
June 29, 2016 By Hornsby Law
Nursing homes ideally provide safe, nurturing environments for individuals who cannot live on their own. Unfortunately, many nursing home residents in Florida and throughout the United States find themselves suffering from illness and injury as a result of poor sanitation, unsafe conditions, and abuse from their caregivers. When this happens, the victim may be eligible to receive compensation for his or her damages through a nursing home abuse claim.
Perfecting Your Security Interest – Requirements for Listing a Debtor’s Name on Florida Article 9 Filings
June 28, 2016 By Jurado & Farshchian, P.L.
Florida lenders seeking to secure a lien against the personal property of a borrower in default must follow the guidelines detailed in Article 9 of the Uniform Commercial Code (UCC) and Florida’s Article 9, which governs secured transactions and is applied to a wide range of consumer and commercial credit transactions.
June 24, 2016 By Morgan & Morgan
When a patient is injured by their doctor’s negligence, they can file a medical malpractice lawsuit. In Georgia, the statute of limitations can vary based on the specific circumstances of each case.
June 24, 2016 By Kenneth Padowitz P.A.
Virtual reality is now becoming mainstream. What was once a popular topic for science fiction, virtual reality is now becoming – for lack of a better word, a reality.
June 30, 2016 By MileMark Media, LLC
.law is a top/level domain dedicated to lawyers.
June 24, 2016 By Jurado & Farshchian, P.L.
On March 24, 2015, the U.S. Citizenship & Immigration Services (“USCIS”) issued a draft policy memorandum on L-1B adjudications, calling for feedback by May 8, 2015, before the policy becomes effective on August 31, 2015.
June 23, 2016 By Jurado & Farshchian, P.L.
For the majority of cities and places, development is a good thing. Not only is it often a sign of economic growth, it can also mean additional jobs being brought into the area, especially when the projects include office buildings, warehouses, and other commercial properties.
June 22, 2016 By Jurado & Farshchian, P.L.
The primary benefit of establishing a business as a limited liability company (LLC) is asset protection. The personal assets of LLC owners are protected from business liabilities — including debts and litigation — as long as the LLC is maintained properly.
June 21, 2016 By Jurado & Farshchian, P.L.
Since Florida law does not require limited liability companies (LLCs) to have an operating agreement, owners may wonder if they really need one. As experienced Florida business attorneys, our answer is an unequivocal yes.