DOWN IN THE TRENCHES

February 10, 2017

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but not “necessarily.”  If you think that is a fine line, you are right.  Yet the difference is critical.  General damages are implied by the cause of action (breach of […]

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CHOOSE YOUR REGISTERED AGENT CAREFULLY

January 31, 2017

For businesses, the first quarter of each year brings a number of fiscal and legal obligations.  A business must, for instance, file its Annual Report with the State of Florida.  And when doing so, it must confirm (or change) the identity of its Registered Agent. Many business owners name themselves as their companies’ Registered Agents, […]

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HOW THE YEAR ENDED

January 24, 2017

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules of procedure. A few cases were handed down as 2016 came to an end that, while not directly applicable to our area of law, deserve mention in this blog. […]

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LOGIC OR EMPATHY?

January 20, 2017

Artificial Intelligence is one of science-fiction writers’ favorite foils.  A machine or gadget of some form, with infinite knowledge and ability for logic, provides the hero with all the answers, like a Deus Ex Machina in a Roman drama. But would we want such a perfect AI to be a Supreme Court Justice? Not if […]

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WHO AM I?

December 8, 2016

There is so much talk – sometimes uninformed talk – about incorporation that it warrants us addressing it here today. To start with, the term incorporation technically refers only to creating a business corporation.  However, in lay terms, it often also encompasses organizing a Limited Liability Company (an “LLC”).  Now may be a good time, […]

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APPLE VS SAMSUNG – IT’S NOT OVER

December 6, 2016

One would think that a U.S. Supreme Court decision puts finality to a legal battle, even one between two giants of the business world.  But that will not be the case this week. The Supreme Court opinion in the ongoing battle Apple and Samsung starts, in essence, with a deceptively simple question – nearly a […]

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A NOTE FOR FELLOW HISTORY GEEKS

November 30, 2016

In our most recent post, which addressed the new overtime rules, we had occasion to explain that Congress may constitutionally delegate its legislative powers to the rules-making authority of executive agencies.  That delegation must, however, be limited, and based on specific and intelligible principles. Justice Oliver Wendell Holmes, Jr. famously wrote that law is not logic.  […]

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NEW OVERTIME RULES: READY OR NOT, HERE THEY COME (MAYBE)

November 29, 2016

We posted last summer a series of articles on the new overtime rules.  With those rules now going into effect next month (or perhaps not – keep reading), a short summary seems like a timely exercise. Florida has no overtime law of its own.  So many local business owners may feel unconcerned.  That would be […]

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WHAT IS YOURS IS MINE

November 2, 2016

A Chinese-American restaurateur wished to purchase a second restaurant.  For reasons that are not known but do not matter either, he decided to keep the down payment of $75,000 in cash at his place of business.  A federal agency found it during a routine inspection and decided that such an amount in cash had to […]

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GUNS, TRUCKS, AND DISNEY

September 21, 2016

Some of the hot-button issues playing out in this election year also feature on the courts’ dockets.  One such issue is gun control, with cases heard in both state and federal courts. In federal courts, uncertainty is due in part to the fact that when the Supreme Court ruled on two Second-Amendment cases a few years […]

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