POWERED BY LAW.COM

Commentary

Commentary

Can the Interests of Property Developers and Artists Operate Together in Harmony?

Melissa Bernheim | October 16, 2018

As the cranes continue appearing across the Magic City skyline, so too do the amount of residential and commercial buildings that serve as canvas and gallery, documenting the popular “marriage” of the artist and the property developer.

Commentary

IRS Allows Employer Matching Contribution Based on Student Loan Repayments

Lowell Walters | October 15, 2018

With U.S. student loan debt totaling $1.5 trillion, employers are seeking ways to ease the burden of repayment for their employees and prospective employees. These have included signing bonuses and direct repayment of outstanding loans.

Commentary

Fla. Residents: Vote 'Yes' to Amendment 2 to Avert Tax Crisis

Pedro J. Garcia, Marty Kiar and Dorothy Jacks | October 12, 2018

As the property appraisers for Florida’s three largest counties, we urge all voters to pay close attention to Amendment 2 on the upcoming November ballot. The amendment asks voters whether to make permanent a 10-percent limit on the annual increase in assessed value of a nonhomestead property.

Commentary

Supreme Court’s 'Harvey' Decision Reaffirms Long Standing Bad Faith Law

Stephen A. Marino and Benjamin Hassebrock | October 11, 2018

The Florida Supreme Court’s latest bad faith ruling, Harvey v. GEICO, leaves the insurer’s standard of care unchanged since 1938. Despite its consistency with 80 years of precedent, the dissents provoked controversy by forecasting a “vast and unwarranted expansion of liability for bad faith claims.”

Commentary

Listen Up, Counselor! Here’s How to Get What You Want From Clients

Alexander M. Geisler | October 10, 2018

Craving clear instructions? Wishing for repeat business? In three decades as a law firm partner, I’ve figured out it’s up to me to create the right conditions.

Commentary

Avoid Problems Before They Arise: Corporate Compliance and Training

Wifredo A. Ferrer and Michael E. Hantman | October 10, 2018

Historically, many companies failed to create and implement anti-corruption, anti-money laundering, and sexual harassment compliance and training programs.

Commentary

Website Accessibility Landscape Continues to Lack Clarity as Businesses Await Guidance

Kristen D. Perkins and Paige S. Newman | October 09, 2018

Article III of the Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in the full and equal enjoyment of public accommodation. When a website is considered a place of public accommodation, the website must be accessible to people with disabilities.

Commentary

What Could the Rise of Cryptocurrencies Mean for South Fla. Businesses?

Erick R. Wendelken | October 08, 2018

As a major hub for international business, South Florida is becoming ground zero for the cryptocurrency revolution. In fact, Miami hosted the 2018 North American Bitcoin Conference— the fifth and most attended installment of the conference—and is slated to host the 2019 show.

Commentary

World Mental Health Day: Focusing on Young Adults

Lauren Fallick | October 05, 2018

Oct. 10 is World Mental Health Day (WMH Day), and this year’s theme is “Young People and Mental Health in a Changing World.” Initiated by the World Federation for Mental Health, WMH Day is officially observed, worldwide.

Commentary

Relocating to Fla. as a Result of the 2017 Tax Act? It May Not Be as Easy as It Sounds

Eugene Pollingue Jr. | October 04, 2018

As a result of the 2017 Tax Cuts and Jobs Act, it is now even more advantageous to be a resident of Florida or a resident of another state that does not impose a state income tax. Prior to 2018, state and local taxes were fully deductible as an itemized deduction on an individual’s federal income tax return.

Load More 🔽

Commentary

Foreign Sellers Beware: Cloud-Based Sales May Justify Personal Jurisdiction

Ruben Conitzer and Brian Wilson | October 03, 2018

In a recent decision, Plixer International v. Scrutinizer GMBH, Case No. 18-1195 (1st Cir. 2018), the First Circuit Court of Appeals ruled that exercising personal jurisdiction over a foreign company with no American physical presence, but that maintains an interactive website accessible in the United States, complies with the requirements of the Due Process Clause.

Commentary

Rules Clarifying Small Business Tax Break—the Good, the Bad and the Unanswered

Marvin Kirsner | October 02, 2018

One of the most talked about components of the Tax Cuts and Jobs Act passed by Congress last year is a 20 percent deduction for operating profits earned by certain sole proprietors and pass-through entities (LLCs, partnerships, S corporations and REITs).

Commentary

A Prediction on What Blockchain May Mean for Litigators

Daniel S. Maland | October 01, 2018

We’ve all heard it—blockchain and distributed ledger technologies (DLT) are the next big thing. But what can we, as litigators, expect to encounter as these technologies continue to gain traction?

Commentary

Three Reasons Why Integrated Marketing for Law Firms is Money in the Bank

Josh Merkin | September 27, 2018

It's safe to say that law firm marketing and communications has a reputation for being a bit behind the times and slow to adapt to new ideas and concepts. There are a lot of reasons for this, but some of the most common are usually budget constraints and personalities that are generally just more risk adverse, especially when it comes to investing in marketing.

Commentary

5 Things You Need to Realize About Your Realization Rate

Alexander M. Geisler | September 26, 2018

Don't ignore your realization rate, take control. Need a reason? It matters a lot to the people who determine your pay.

Commentary

$7.5M Verdict Against Condo Association Should Have Been Prevented

Michael L. Hyman | September 26, 2018

The recent $7.5 million verdict for a St. Petersburg, Florida, condominium resident to compensate him for the injuries that he sustained in his community’s hot tub is a telling example of the potential ramifications that can result when any defects in the working condition of these amenities are not properly addressed.

Commentary

Ouch, Babe. Big Law Associate Sues Ex-Fiancee Over $100K Engagement Ring

Jenna Greene | September 25, 2018

Troutman Sanders lawyer Ryan Strasser says the 4-carat diamond ring was a conditional gift that must be returned if the marriage failed to occur.

Commentary

When Is a Prevailing Party Not a Prevailing Party for Purposes of Awarding Fees?

Richard Bec | September 25, 2018

The court just entered judgment in favor of your client after prevailing on its breach of contract action. As you savor the victory, your lawyer brain begins outlining a motion for prevailing party attorney fees.

Commentary

Statute of Repose for Latent Construction Defects Extension Creates Increased Risk

Adam P. Handfinger and Nathalie Vergoulias | September 24, 2018

On March 23, Gov. Rick Scott approved House Bill 875, which amended Florida Statute Section 95.11(3)(c) by extending the Statute of Repose (the ultimate deadline to assert claims) for latent construction defect claims.

Commentary

What Can the Law Profession Do to Prevent Mental Health Issues?

Brian L. Tannebaum | September 21, 2018

I read with interest Joe Ankus’ important article on lawyers and mental health where he tells the story of the seemingly happy and relaxed lunch delivery guy, bringing him his sandwich while he toiled away at his Big Law associate desk.

Commentary

Under the Influence: How Social Media Can Make You the Go-To Authority

Julie Talenfeld | September 20, 2018

Seasoned professionals know their industry. They may even qualify as experts in their field. Then again, so can their competition. If you’re a seasoned pro, how do you set yourself apart? Making the leap from industry expert to influencer can make the difference between attorney and rainmaker.

Commentary

Law Profs Say the Stupidest Things: A Guide to Recent Controversies

Karen Sloan | September 20, 2018

Some academic types just can't avoid controversy, whether through a misguided Halloween costume, racially charged language in the classroom, or a pattern of throwing bombs that shake up students and fellow faculty members.

Commentary

When Your Business Partner's Divorce Seems Like Your Own

Chantale L. Suttle | September 20, 2018

You may think your marriage will last forever. But do you have the same faith in your business partner’s marriage? If your partner’s divorce gets ugly, it can cost your business money and cause the disclosure of confidential business information.

Commentary

New Private Beach Access Law Attempts to Clarify Possession of Real Property

Alessandra Stivelman | September 19, 2018

One of the many perks of living in the Sunshine State is our beaches. Access to the ocean is often from a public park and has long been viewed as a public amenity and free natural resource for both residents and visitors.

Commentary

Court Ruling Complicates Condominium Member Lawsuits

Roger Slade and Jonathan Goldstein | September 18, 2018

A recent decision from an appellate court in Tallahassee will likely create significant hurdles for condominium unit owners who wish to sue their association and its directors for wrongdoing that affects the entire membership.

Analysis Commentary

Better Not Call Saul: South Florida Litigators Discuss the Accuracy—or Lack Thereof—of AMC's Hit Show

Zach Schlein | September 17, 2018

With the fourth season of AMC's "Better Call Saul" barreling toward its climactic conclusion, the Daily Business Review spoke with South Florida attorneys to discuss what the show gets right about practicing law, what it gets wrong, and whether or not Jimmy McGill would last a moment in front of a judge.

Commentary

Do Schools Have an Increased Responsibility to Prevent Violence?

Christopher Marlowe | September 17, 2018

Basic rules, codes of conduct and discipline, are areas in which we accept that our schools will act with authority as surrogates for the benefit of our children. Both to maximize the learning taking place, but also the very safety of our children.

Commentary

How Can We Help Women Lawyers Achieve Long-Term Careers?

Elizabeth S. Baker | September 14, 2018

At the ABA annual meeting in Chicago meeting this August, an ABA panel discussed data compiled by an initiative led by Miami’s own Hilarie Bass as ABA president. The initiative title is "Achieving Long-Term Careers for Women in Law."

Commentary

Takeaways From EB-5 Industry Conference Can be Hard to Digest

Ronald R. Fieldstone | September 13, 2018

I recently attended the EB5 Investors Magazine Conference in Los Angeles and the takeaways from this national event are significant.

Commentary

Substantial Compliance? Strict Compliance?—How to Tell Opposing Counsel You’ll Be Seeking Fees

Eduardo Ayala Maura | September 12, 2018

In the United States, the default is you pay your own attorney fees. Unless there is a statute or a contract the default applies. Litigators in Florida are not shy to seek fees from the other side.

Commentary

Attorneys and Mental Health First Aid—an Introduction

Joseph Ankus | September 11, 2018

As a legal recruiter for over 25 years in South Florida, I have worked with thousands of attorneys and have noticed a steadily increasing need for basic mental health education.

Commentary

Do You Have a Privacy Right to Your DNA?

Franklin Zemel and Ariel Deray | September 10, 2018

You have enforceable property rights to your home, investments, artwork, and even your family pet. But when it comes to your DNA—the most intimate of all your personal possessions—all bets are off.

Commentary

USPTO’s Aggressive Policy on Attorney Fees Questioned

Elio F. Martinez Jr. | September 10, 2018

Disputing U.S. Patent and Trademark Office (USPTO) rulings may no longer carry an automatic price tag. A recent decision by the U.S. Court of Appeals for the Federal Circuit raises doubts about the USPTO’s contention that, win or lose, challengers of its decisions must pay the USPTO’s attorney fees.

Commentary

Private Facebook Profiles Are Not Private in Lawsuits

Franklin Zemel and Ariel R. Deray | September 07, 2018

In its recent opinion in Forman v. Henkin, the highest court in New York concluded that information posted on a user’s private Facebook profile is discoverable.

Commentary

Appellate Court Strictly Construes FAR-BAR 'As Is' Residential Sales Contract

Oscar R. Rivera | September 06, 2018

When real estate transactions are not consummated, disputes over alleged violations of the terms of the sales contract are par for the course. However, when a Florida appellate court recently affirmed an $850,000 award for legal fees and costs in a dispute over a $2.85 million residential sale gone awry, the real estate industry takes notice.

Commentary

Going Strong: Slavin Doctrine Continues to Protect Fla.’s Builders, Designers

Georg Ketelhohn | September 04, 2018

In Florida’s construction industry, the decision that gave life to the Slavin Doctrine, the Florida Supreme Court’s ruling in Slavin v. Kay in 1958, has withstood the test of time and appears to be as strong as ever.

Commentary

Sign Code Revision: Supreme Court's 'Reed' Decision and Its Impact

Gregory Hyden | September 04, 2018

When it comes to temporary signs, particularly political signs, there’s a good chance most local governments’ sign regulations are not constitutional. Having reviewed sign codes from across the state of Florida, it is clear most would not survive a constitutional challenge.

Commentary

An IRS Summons Is a Powerful Tool That Can Even Reach Law Firms' Escrow Accounts

Stanley Foodman | August 30, 2018

In Florida, the Court of Appeals for the Eleventh Circuit held that IRS summonses to a bank, with respect to a law firm's escrow and trust bank account records, were proper.

Commentary

Marlins Strike Out in Play for Home 'Court’ Advantage

Corey Berman | August 29, 2018

The Miami Marlins’ attempt to litigate in federal court their contentious case with the city of Miami and Miami-Dade County regarding the team’s accounting of the payment owed to the city and county based on the stadium deal struck with the Marlins’ prior owner Jeffrey Loria ended in a double play.

Commentary

Is Your Business a Debt Collector?—If So, Watch Out.

Charles M. Tatelbaum and Ian Lis | August 28, 2018

On Aug. 7, the U.S. Court of Appeals for the Third Circuit issued an opinion in the case of Tepper v. Amos Financial (Case No. 17-2851) which has sent, and should send, shock waves to creditors and institutions that not only regularly purchase debt, but also those who can be classified as "debt collectors" under the Federal Fair Debt Collection Practices Act (FDCPA) 15. U.S.C. Section 1692.

Commentary

Attorney Fee Safe Harbor Proposals Conflict to Go Before Fla. High Court

Travis Halstead | August 27, 2018

Imagine you handled the defense of a case for your client perfectly. You serve a proposal for settlement early in the proceedings that that the plaintiff receives, but does not accept.

Commentary

Too Drunk to Ride? Ride-Sharing Services May Drop Loyal Clients

Robert F. Lewis | August 23, 2018

With ride-share services appealing increasingly to late-night partygoers, Uber seems to be taking more seriously the risks associated with these passengers—particularly the drunk ones.

Commentary

In Her New Book, Law Professor Says GCs Who Want Outside Counsel 'Innovation' Need to Define It

Sue Reisinger | August 23, 2018

Michele DeStefano, a law professor at the University of Miami, set out to explore what innovation means to lawyers, including in-house leaders, in a new book. She discovered that there are numerous definitions.

Commentary

As Art Season Approaches, Landlords Should Be Wary of Creative Claims

Steven D. Weber | August 22, 2018

As the season for art fairs in Miami approaches, owners of commercial and residential buildings may wish to temporarily display artists’ works on their spaces to promote those art fairs or even their own spaces.

Commentary

Distressed Hospital Trend Continues and the Potential Impact on South Fla. Grows

Brian G. Rich | August 21, 2018

News of distressed hospital and health care facilities has increased dramatically. Around the country, bankruptcy cases involving financially vulnerable hospital organizations and health care facilities are occurring much more frequently.

Commentary

The Science to Networking and Building Your Law Practice

Julie Talenfeld | August 20, 2018

For some people, networking comes easy. They love to meet new people, talk about their business and press the flesh. But are they building the business, or just talking about themselves?

Commentary

#MeToo Movement Making Waves in the Cruise Line Industry

Spencer Aronfeld | August 17, 2018

As the “#MeToo” movement continues to gain momentum throughout the United States, cruise ship passengers are feeling empowered to do the same as reports of sexual assaults increase on some of the world’s most popular cruise lines.

Commentary

Appeals Court Tosses Asbestos Case for Lack of Jurisdiction

Walter G. Latimer and Bruno Renda | August 16, 2018

On July 25, Florida's Fourth District Court of Appeal reversed a trial court decision in Southern Wall Products v. Stephen Bolin and Bakers Pride Oven Company, Case No. 4D18-875 (July 25, 2018), and ordered the dismissal of an asbestos defendant due to lack of personal jurisdiction.

Commentary

Personal Engagement Takes Essure Case Beyond Courtroom

Justin Parafinczuk and Marcus Susen | August 15, 2018

The Essure contraceptive was marketed as a way to give women highly reliable birth control and millions of women trusted the product to give them peace of mind. When the product failed, leading to pain, suffering, surgeries, even reports of deaths, addressing its failure and delivering resolution to those affected would require more than mass tort litigation.

Commentary

Clock Ticks for Irma Insurance Claims: Don't Leave Money on the Table

Walter J. Andrews and Cary D. Steklof | August 14, 2018

With the one-year anniversary of Hurricane Irma fast approaching on Sept. 10, policyholders who are still involved in insurance disputes may soon be forced to decide whether to file suit.

Featured Firms

Law Offices of Mark E. Salomone
2 Oliver St #608
Boston, MA 02109
857-444-6468
www.marksalomone.com
Gary Martin Hays & Associates P.C.
235 Peachtree St NE #400
Atlanta, GA 30303
800-898-4297
www.garymartinhays.com
Smith & Hassler
225 N Loop W #525
Houston, TX 77008
(877) 777-1529
www.smithandhassler.com

Presented by BigVoodoo

More from ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

View Now
Team Accounts

Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

View Now
Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Legal Compass →

Legalweek 2019

January 28, 2019 - January 31, 2019
New York, NY

Brings together all facets of the legal profession to address the key challenges facing the industry
CAIP Quebec & Atlantic Forum 2018

October 15, 2018 - October 17, 2018
Montreal, QC

The premier alternative investments conference for pension fund investors across Quebec and Atlantic regions
Consulting Fastest Growing Firms 2018

October 25, 2018
Seattle, WA

A celebration of the industry's top movers and shakers in terms of revenue growth over a three year period

Browse More Events →

webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

webseminar

Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

Conference Producer

NEW YORK, New York, United States

Job Title: Conference Producer Department: Production Reports to: VP Global Programming and Content Strategy Location:...
Apply Now ›
IN-HOUSE/ASSOCIATE / INVESTMENT MANAGEMENT

Boston, Massachusetts

Large Boston-based investment manager seeks 2nd 4th year corporate associate with big law training to advise business groups on managing t...
Apply Now ›
Associate

Atlanta, Georgia, United States

Mabry & McClelland, LLP has an opening for an associate with 3+ years of defense experience. Trial experience a plus. Qualified, interested...
Apply Now ›

GIBBONS PC

10/15/2018
NJLJ Web

GIBBONS PC ANNOUNCES
View Announcement ›
WOLF LAW FIRM LLC, THE

10/15/2018
NJLJ Web

LAW FIRM MERGER
View Announcement ›
LENTZ & GENGARO LLP

10/15/2018
NJLJ Web

Ned M. Rosenberg has joined the firm of Lentz & Gengaro LLP
View Announcement ›

Professional Announcements →

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.