Florida Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Florida
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
October 28, 2013 By Panter, Panter & Sampedro, P.A.
While, Halloween is one of the more festive holidays, there are quite a few risks that can be easily addressed and prevented. Here are some tips for a perfect, kid-friendly Halloween.
October 23, 2013 By Dell & Schaefer Law Firm
In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.
October 3, 2013 By Pohl & Short, P.A.
A grant of an easement by a property owner can often resolve disputes between neighbors resulting from encroachments of fences, driveways, and roof overhangs by one property owner onto another person’s property. An easement is a formal grant of permission by an owner of land in favor of the owner of a second parcel of land, which grants the second parcel owner the legal right to cross over and/or to utilize a portion of the first parcel owner’s land.
October 3, 2013 By Pohl & Short, P.A.
Clients frequently ask how they should take title when purchasing real property. This question encompasses a consideration of the goals of each client, and if appropriate, the client’s need for asset protection.
October 3, 2013 By Philip DeBerard, Injury Attorney
Many people assume that the laws regarding claims and compensation are the same whether they are involved in a truck accident or in a car crash. There are distinct differences between the two, and being able to understand those differences will help you protect your rights and best interests if you have been involved in a trucking accident.
October 2, 2013 By Gerson and Schwartz, PA
A new texting and driving law went into effect in the State of Florida as of October 1, 2013. The new law that was passed bans texting while driving as a secondary offense only.
September 23, 2013 By Hamilton & Associates, P.A.
As of today, September 23, Securities and Exchange Commission (“SEC”) rules implementing some provisions of the JOBS Act have become effective. Among them is the new Regulation D Rule 506(c).
September 21, 2013 By Hamilton & Associates, P.A.
Since the JOBS Act became law, numerous crowdfunding websites have popped up on the Internet. This month, the first enforcement action was brought against a crowdfunding website.
September 21, 2013 By Hamilton & Associates, P.A.
Private placement offerings under Rule 506 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”) are a cost effective and relatively quick way for private companies to raise capital before, during and after a going public transaction.
September 16, 2013 By Gerson and Schwartz, PA
Recently, the Centers for Disease Control and Prevention (“CDC”) released additional inspection reports for its Vessel Sanitation Program (“VSP”), which is designed to assist the cruise ship industry in preventing and controlling introduction, transmission, and spread of gastrointestinal illnesses, i.e. food poisoning, on cruise ships.
September 9, 2013 By Hamilton & Associates, P.A.
The JOBS Act’s new rules permitting general solicitation and advertising in Rule 506 private placements will become effective on September 23, and there is still some confusion about the difference between crowdfunding and general solicitation and advertising in Rule 506(c) offerings.
August 30, 2013 By Panter, Panter & Sampedro, P.A.
Going back to school may be routine for some, and a fresh, exciting adventure for new students and parents, but everyone can use a refresher in back to school safety tips for on the road.
Rule 506(c) will become effective in less than a month, on September 23, 2013. The rule fundamentally changes how private placements will be conducted, by allowing issuers to engage in general solicitation and advertising if specific requirements are met. The SEC has confirmed that the Rule 506(c) exemption will not be forgiving for issuers who engage in general solicitation but fail to comply with its requirements.
Companies seeking to raise capital through the sale of securities must either register the securities offering with the SEC or rely on an exemption from registration. Rule 506 of Regulation D is the most widely-used exemption from registration.
Rule 506(c) fundamentally changes how private placements will be conducted, by allowing issuers to engage in general solicitation and advertising if they comply with the Rule’s specific requirements.
Unlike securities listed on stock exchanges such as NASDAQ or the NYSE, securities may trade through the OTCMarkets interdealer quotation system whether they are Securities and Exchange Commission (“SEC”) reporting issuer or not.
Yesterday, FINRA sent a clear message to investors, “medical marijuana legal in almost 20 states, and recreational use of the drug recently legalized in two states, the cannabis business has been getting a lot of attention—including the attention of scammers”.
On June 24, 2013, the Securities and Exchange Commission (“SEC”) instituted administrative proceedings to revoke the registration of Green Solutions China, Inc., Yarraman Winery, Inc. (n/k/a Global Beverages, Inc.; (GBVI), and Yinlips Technology, Inc. pursuant to the Securities Exchange Act of 1934.
The going public process involves a number of steps that vary depending on the characteristics of the private company wishing to go public, and whether it will become a Securities and Exchange Commission (“SEC”) reporting issuer.
August 16, 2013 By Distasio Law Firm
A Tampa man was killed recently when he was struck by a vehicle while riding his bicycle to work.
August 1, 2013 By Law Office of Michael Mirer, PA
Individuals convicted of drunk driving in Florida are often required to install Ignition Interlock Devices (IID) in their vehicles as part of their sentences. IIDs require drivers to take a breath test before their vehicles will start. Learn about IID laws in the state of Florida.
Going Public Options for Foreign Companies
Smooth Sailing for Companies Avoiding Reverse Mergers in their Going Public Transactions.
Under the Securities Act of 1933 as amended (the “Securites Act”), a Company that conducts an initial public offering (“IPO”) including in a going public transaction must adequately disclose material information to investors.
The offer and sale of securities is regulated by the Securities Act of 1933, as amended (“1933 Act”). Section 5 of the 1933 Act requires any offering to be registered with the SEC or exempt from registration.