What must a chapter 7 trustee do to preserve a scheduled but unresolved personal injury claim as an estate asset when closing a case? Is reserving one’s right in a Report of No Distribution to reopen the case at a later date to administer the claim sufficient to prevent it…
March/April 2017 As seen in the St. Petersburg Bar Association Paraclete, March/April Issue, pg. 10-11 It is not unexpected that spouses dealing with the dissolution of their marriage have both significant emotional and financial stressors in their lives. With the large volume of dissolution of marriage cases in Florida, contested divorces can take…
March 2017 By: Amy Drushal and Lara Fernandez Amy Drushal and Lara Roeske Fernandez authored an article published in the March 2017 edition of ALM’s The Corporate Counselor discussing an emerging trend in Fair Credit Reporting Act (FCRA) litigation involving Chapter 13 bankruptcy. Under Chapter 13 bankruptcies, the debtor proposes a…
March 2017 Parties need adequate information to evaluate the strengths and weaknesses of their own position, as well as the opposing side’s position, to prepare for mediation. In most cases a portion of this information must necessarily come from the opposing party. Some of this information can be obtained through…
Nowadays, the prudent business owner should be cognizant of cybersecurity and the public relations and legal costs that can arise from a data breach. By holding personal information of customers, employees, or anyone else, the business assumes the legal and public relations obligations to keep that information secure. Cybersecurity is…
Yesterday, Judge Amos L. Mazzant III of the United States District Court, Eastern District of Texas, granted an emergency nationwide preliminary injunction that prevents the Department of Labor’s (DOL) new overtime rule, which doubled the salary threshold for white collar exemption from overtime pay, from going into effect on December…
Most litigators have experienced that mediation is a virtual certainty in nearly all cases. The question is no longer if, but when. In evaluating options for resolving your client’s dispute, you may ask yourself “when is the right time to mediate this dispute?” Some mediators might tell you it is…
The Florida Constitution requires employers to pay employees wages no less than the minimum wage for all hours worked. As we initially reported in our October 2016 Employment Law Newsletter, beginning on January 1, 2017, Florida’s minimum wage increased to $8.10, up from $8.05 in 2016. Under Florida law, the…
As seen in The Florida Bar Journal, February 2017, Volume 91, No. 2 By: Bert McBride With the Cubs winning the 2016 World Series, there is a lot of talk in Chicago about the specters of the billy goat and the infamous Bartman finally being vanquished.1 With one final victory, on November 2, 2016, Chicago Cubs…
As seen in Full-Service Restaurant magazine, December 2016. By: Alicia Koepke Restaurants and other employers often question when they can lawfully deduct amounts from employee pay. The answer is difficult to ascertain because it can depend on a variety of factors, including whether the employee is exempt under the Fair Labor Standards Act…
