Recent Blog Posts
Historic Changes Are Coming for Estate Planning January Due to the Electronic Documents Act
There are a number of important changes that Florida’s Electronic Documents Act will bring to estate planning in the state as of January 1, 2020, when it goes into effect. Advanced directives, trusts, and wills can be electronically signed by the testator, while witnesses and the notary appear via FaceTime or Skype because there… Read More »
When Residents & Homeowners’ Associations Clash Over Solar Panels
Although, in Florida, homeowners’ associations are not legally allowed to ban residents from installing solar panels, the Florida Solar Rights Act does allow associations to first require approval and establish restrictions. However, those restrictions must be “reasonable” (i.e. not arbitrary) and applied “in a uniform manner” to everyone in the association. In addition, any… Read More »
Dollar Tree Franchise Found Endangering Consumers by Selling Potentially Unsafe Drugs
In November, the US Food and Drug Administration (FDA) issued a warning letter to Dollar Tree (including Family Dollar of Greenbrier International) for receiving adulterated topical drugs and other products from foreign manufacturers in violation of federal law. As a result, it has potentially sold these unsafe drugs and other products to consumers, and… Read More »
Estate Planning Documents Necessary to Protect Your College Student
When people think of estate planning, they think of the elderly planning for the time after they have passed. However, estate planning isn’t just for the aging; it is also for those who might benefit from having a plan in place when it comes to important decisions, such as someone who can make health… Read More »
Florida Court to Tackle Important Copyright Question Involving Embedded Tweets
Copyright law and deciding what does and does not fall within the fair use doctrine is an increasingly important and ever changing area of law in business litigation, especially in an age of social media and constantly sharing information via the process of “embedding” one thing in another. Now, a case that has been… Read More »
What Is Legacy Planning, And How Does It Relate to Estate Planning?
When most people think of “estate planning,” they think of ensuring that major assets – like the family home – as well as investments, etc. are passed onto their loved ones. However, there are a number of other additional concerns involved, especially for those who want to ensure that a particular legacy is left… Read More »
Setting Up a Special Needs Trust the Right Way Is Imperative
When it comes to setting up a special needs trust, it is imperative that families work with an attorney who not only knows about the complex federal, state, and local laws and rules surrounding the specific type of estate planning required for the specific type of circumstance, but also all of the many programs… Read More »
FTC Lawsuit Against Match for Shady Subscription & Other Business Practices Brings a Number of Corporate Practices into Question
In late September, the Federal Trade Commission (FTC) announced that it was suing the Match Group for issues related to fraudulent business practices and consumer fraud and protection. The Match Group is the owner of most of the notorious dating apps; not just including Match, but also Hinge, OkCupid, PlentyofFish, Tinder. According to the… Read More »
Creating Estate Plans for Musicians & Musical Works
As estate planning attorneys here in Florida, we talk a lot about planning for assets, but what happens when those assets are song lyrics and recordings? These types of assets (i.e. intellectual property items—copyright, name/likeness, trademark, etc.) are incredibly important, and present an entirely different type of challenge than physical property (like jewelry or… Read More »
Injunctive Relief in Consumer Fraud Cases
Consumers have long been able to sue for damages in connection with consumer fraud, but what about injunctive relief? Courts have recently issued split decisions on whether, in addition to collecting damages, a consumer can also force the manufacturer to change a label.. Specifically, the Ninth Circuit recently held that the consumer who was… Read More »