Florida Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Florida
April 28, 2016 By Kenneth Padowitz P.A.
In the US, human right is the thread that holds the fabric of America’s diverse identity. One very important right: to be free from unreasonable search and seizure. The Fourth Amendment of the United States Constitution protects this right. In addition to protecting the right of a person to unreasonable search and seizure, the Fourth Amendment also extends this right to homes, cars, etc. belonging to an American citizen.
April 28, 2016 By Jurado & Farshchian, P.L.
Business law is one of the broader practice areas that covers multiple specifications. A business lawyer should maintain an ample understanding of contracts, immigration laws, tax laws, regulatory laws, and corporate laws as they pertain to stock holding, investments, and securities.
April 26, 2016 By Jurado & Farshchian, P.L.
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
April 19, 2016 By Jurado & Farshchian, P.L.
Selling your Florida business was probably the last thing on your mind when you were working so hard just to get it off the ground.
April 19, 2016 By The Law Offices of Grant J. Gisondo, P.A.
Determining the outcomes of child support in the state of Florida entails a number of considerations. First and foremost, no parent can refuse to pay child support, even if it is just a small monthly amount.
April 19, 2016 By Marshall Socarras Grant, PL
Having an employee sign a non-compete agreement and/or a nondisclosure or confidentiality agreement is one way to protect your company’s trade secrets and confidential and proprietary business information. However, often times companies may not have any agreements with their employees and a business mistakenly believes it has no way of protecting against the unauthorized disclosure of trade secrets or sensitive information.
April 17, 2016 By Jurado & Farshchian, P.L.
A majority of American small businesses start out as sole proprietorships; however, once these businesses are launched and growing, it could better to change or convert the business to a limited liability company (LLC).
April 13, 2016 By Jurado & Farshchian, P.L.
You’ve found the perfect location for your small business. Now that the search for space is over, the hard part begins — negotiating your commercial lease. Here are six tips for negotiating a favorable commercial lease for your business
April 13, 2016 By Jurado & Farshchian, P.L.
If you are an E-2 visa holder who has entered the U.S. to supervise or manage your investment in a U.S. venture and decide to make your stay more permanent, you can apply for a green card by filing a petition for either employment-based immigration or family-based immigration.
April 9, 2016 By Jurado & Farshchian, P.L.
According to the Small Business Administration, there are roughly 600,000 new businesses started in the U.S. every year.
April 8, 2016 By Jurado & Farshchian, P.L.
Entrepreneurs often wonder if starting a business with your spouse as a partner in the new venture is a good idea.
April 5, 2016 By Jurado & Farshchian, P.L.
Are you dreaming of starting your own business? Maybe you hate the job you have now, or just hate the effect it has on your life. Maybe it’s an overbearing boss or co-workers with whom you have nothing in common.
April 4, 2016 By Jurado & Farshchian, P.L.
Many people create corporations or LLCs, but never follow the corporate formalities – which leaves them extremely vulnerable to losing their personal property if a lawsuit is ever filed against the company.
April 2, 2016 By O'Brien Hatfield, PA
The emotions that you feel when you are accused of committing a sex crime can swing wildly. Shock. Anger. Confusion. Sadness. Fear. During this trying time you need to focus on facts and pursuing a course of action for protecting your rights, no matter how difficult that may seem. An experienced defense attorney can help you keep your focus where it belongs.
April 2, 2016 By Jurado & Farshchian, P.L.
If you are considering buying a franchise, there are several warning signs you should not ignore. Of the more than 3,000 franchises available for investment today, a majority of them provide wonderful opportunities for entrepreneurs. However, there are also some bad apples that should be avoided. So how can you tell the difference?
March 30, 2016 By Law Offices of James O. Cunningham, PA
In 2015, there were over 92,000 hit and run traffic crashes in the State of Florida resulting in over 19,000 injuries and 186 fatalities. The DHSMV and the Florida Highway Patrol’s “Hit and Run, Bad to Worse” campaign aims to reduce the number of hit and run crashes in Florida by educating drivers on why drivers flee, what their responsibilities are if involved in a crash, and the consequences they face if they leave a crash scene.
March 29, 2016 By Jurado & Farshchian, P.L.
You don’t have to be an American citizen or have residency here to start a business in the U.S. Your main ticket to business success in the U.S. is the E2 visa, as well as an awareness of the laws pertaining to foreign nationals who operate businesses in the U.S.
March 31, 2016 By Jurado & Farshchian, P.L.
Hard-money lending is becoming more popular in the mortgage industry as real estate investors try to find new ways to take advantage of opportunities quickly by accessing this source of liquid capital. In addition, as interest rates rise, hard money lending becomes a way for investors to close deals faster.
March 17, 2016 By Jurado & Farshchian, P.L.
Last year, the 65,000 slots for H-1B visas were filled within the first five days of the lottery process. The USCIS anticipates that this year will be the same — with almost 250,000 petitions competing for those 65,000 available H-1B visas.
March 16, 2016 By Jurado & Farshchian, P.L.
Contracts govern many aspects of our personal and business lives, so it’s important to be sure they are legally enforceable. A contract governs the terms of a working relationship, and provides important protections for the parties involved. A good one can help you avoid litigation, or prevail in a lawsuit if a dispute winds up in court.
March 17, 2016 By Shapiro, Goldman, Babboni & Walsh
Insurance companies are notorious for being resistant when dealing with the approval of a claim. This is especially true in cases such as personal injury claims that are the result of an automobile accident.
March 15, 2016 By Jurado & Farshchian, P.L.
The EB-5 Immigrant Investor Program was established by Congress in 1990 to encourage foreign investment in the U.S. Over the past 26 years, the program has allowed thousands of foreign investors to make substantial capital investments in the U.S. Although the program has been in force for more than a quarter century, there are still some misconceptions about its purpose.
March 13, 2016 By Jurado & Farshchian, P.L.
If you own a small business, there is probably at least some part of you hoping to pass the reins on to one or more of your children. After all, spending so much time and effort on something that’s not going to last doesn’t sit well with most entrepreneurs.
March 14, 2016 By Jurado & Farshchian, P.L.
Entrepreneurs often make up in enthusiasm what they lack in experience, but passion alone is not enough to ensure the success of a business. If you’re a business owner, you need to watch for the following six legal snares that could potentially harm your company
March 9, 2016 By The Alvarez Law Firm, PA
Former homeowners who have been foreclosed on have to go through an entire year of loss after loss. First, they lose their home and have to relocate. Next, they have to figure out how to re-establish credit because they have lost their once good credit rating. Then, as homeowners attempt to put this behind them, they go to the mailbox and receive a 1099. A 1099A or 1099C is issued by the creditor for the abandonment or cancellation of debt.
March 9, 2016 By The Alvarez Law Firm, PA
For most people, Estate Planning is a mystery; for others, it’s simply not a priority for the simple reason that there is always time to do it “later”. Most individuals consider Estate Planning to be an issue for elderly individuals. Unfortunately, it applies to all individuals in any walk of life because we are never promised tomorrow.
March 9, 2016 By Jurado & Farshchian, P.L.
If you have years of experience in the workplace, you know that it has changed dramatically during the last decade for both employers and employees. That changing landscape has cultivated a small minefield for the unwary employer.
March 7, 2016 By Jurado & Farshchian, P.L.
The H-1B visa program is for foreign workers serving at a professional level in specialty occupations. There are 65,000 H1B spots set aside in 2017 for foreign nationals working for U.S. companies that meet the requirement of at least a bachelor’s degree or equivalent, and 20,000 spots for those with U.S. master’s degrees.
March 2, 2016 By Jurado & Farshchian, P.L.
The business structure you choose when you start a new business should first and foremost meet your business needs. If you are starting the business with other people, you may be wondering about the differences between a limited liability company (LLC) and a limited liability partnership (LLP).
March 3, 2016 By Jurado & Farshchian, P.L.
Limited liability companies (“LLCs”) are the entity of choice for most transactions involving the purchase and/or development of real estate. There are many situations in which another entity may be used, as, for instance, when a company owns various assets, only one of which is real estate. Still, LLCs predominate.
February 23, 2016 By O'Brien Hatfield, PA
If you were convicted of a sex crime, one of the collateral consequences you will face is mandatory registration as a sex offender.
February 17, 2016 By Jurado & Farshchian, P.L.
Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.
February 16, 2016 By Jurado & Farshchian, P.L.
When making a real estate purchase — whether it’s home or an office building — many people don’t give much thought to how the property should be titled. But if you want to pass the property on to a spouse or others some day, how you title it has an important role in how it is passed on.
February 15, 2016 By Jurado & Farshchian, P.L.
Foreign nationals who wish to start a U.S. business do not need to have U.S. citizenship or residency to do so. However, there is a visa requirement as well as some statutory restrictions that foreign nationals who wish to operate as entrepreneurs in the U.S. need to be aware of.
February 12, 2016 By Jurado & Farshchian, P.L.
People unfamiliar with Florida probate law can make some unfounded assumptions about what happens to debt and property after a family member dies. Here are two of the most common myths and the actual facts.
February 10, 2016 By Jurado & Farshchian, P.L.
Obtaining a green card through a marriage is sometimes referred to as the “fast track” to lawful permanent residence.
There are two ways for law enforcement to determine whether a driver is impaired. The Breath Analyzer and Field Sobriety Tests. Field Sobriety Test results are not always reliable, there are often other elements, such as the weather, or the ground surface in which the tests are performed. The question is are the results admissible in Court?
Recently foreclosure defense attorneys have argued that FL Stat. 559.715 is a condition precedent to foreclosure and a defense to foreclosure. Recently the 2nd DCA finally rules on the issue and held otherwise.
Drug Trafficking charges in Florida are basically only trumped up possession charges. This means that to prove drug trafficking, the state attorney only needs to prove that the defendant possessed a certain amount of a controlled substance – this amount is defined by Florida Statute 893.135 and is different for each drug.
Florida real estate has always been attractive to foreign buyers, even before the housing crash that depressed prices for both residential and commercial real estate and made foreign investment in Florida real estate a bargain for many buyers.
Last year, the H-1B filing period lasted only five business days due to the high demand for H-1B visas. In 2015, there are 65,000 H-1B spots set aside for foreign nationals working for U.S. companies that meet the requirement of at least a bachelor’s degree or equivalent, and 20,000 spots for those with U.S. master’s degrees. The demand for H-1B visas this year is expected to be even greater than in 2014.
Forming a limited liability company (LLC) for real estate investments has been a common practice in Florida for more than 30 years because an LLC can help investors protect their personal assets from any liabilities associated with their real estate investments.
By CP Law Firm
Many consumers who experienced personal injuries through others negligence tend to dismiss their misfortune with a personal undertaking of costs incurred.
Those wishing to enter the U.S. as a legal immigrant or facing deportation often find the U.S. immigration process to be complicated, confusing and even frightening. Hiring an experienced Florida immigration attorney to help you navigate this process can increase the chances of a favorable outcome for your case.
Florida employers seeking to hire foreign nationals have several options for doing so through a variety of work visa options from the U.S. government. Most employers find the work visa application process confusing and frustrating, which is why it is important to seek the counsel of an experienced immigration attorney to assist you.
Brain injuries are extremely common. In fact, it is estimated that two million people suffer a brain injury each year. Nearly 500,000 people are hospitalized as the result of a brain injury. Most people will sustain some type of brain injury in their lifetime.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
For Complicated and Crucial Injury Lawsuit, Be Prepared for the Possibility of a Lengthy Legal Process
Lawsuits for personal injuries can result in massive settlements and have long-lasting effects for all parties involved. With so much riding on the outcome, such settlements are often hotly disputed in court room litigation. As such plaintiffs should prepare themselves for a potentially long process.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.
According to statistics compiled by Orlando regional transportation authorities, an average of 55 people are injured every single day in car accidents within Orange, Osceola, and Seminole counties. This works out to more than two people injured every hour. While most of these injuries are not life-threatening, it is always a good idea for anyone involved in an accident, no matter how minor, to seek immediate medical attention.