You may have seen the headlines about the Orlando Museum of Art’s challenge to a donor’s $1.8 million gift that was given with “strings attached.” The donor intended to fund the acquisition of new works of art, but the...more
As our loved ones age, it becomes increasingly important to remain close and vigilant. While family members often serve as primary caregivers, it's crucial to recognize that not all instances of elder exploitation stem from...more
SB 40, a proposed bill sponsored by Florida Senator Linda Stewart, would create a new statutory obligation for employers to provide a copy of an employment contract upon request by the employee....more
Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more
8/16/2023
/ Adoption ,
Asset Management ,
Athletes ,
Conservators ,
Exploitation ,
Financial Planning ,
Guardianships ,
Incapacitated Persons ,
NFL ,
Probate ,
Probate Courts ,
Vulnerable Victims ,
Wealth Management
On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 stating “[non-competes] interfere with employees’ exercise of rights under Section 7 of the National Labor...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that is essentially a blanket ban on non-competes per Section 5 of the FTC Act which prohibits unfair competition. If implemented, the new rule would not...more
1/13/2023
/ Anti-Competitive ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Unfair Competition
Last Friday, July 9, 2021, the White House issued a 20-page executive order on “Promoting Competition in the American Economy” aiming to create an “open and competitive economy” where workers have the “economic freedom to...more
7/16/2021
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
On July 7, 2021, White House Press Secretary Jen Psaki divulged President Biden intends to sign a new executive order in the coming days addressing competition in the labor market, in part by targeting non-compete clauses and...more
7/9/2021
/ Biden Administration ,
Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Former Employee ,
Hiring & Firing ,
Labor Regulations ,
Non-Compete Agreements ,
Restrictive Covenants
It happens more often than you think: A surviving spouse is unknowingly excised from their predeceased spouse’s last will and testament to ostensibly be left with nothing. For instance, The Cars front man, Ric Ocasek, removed...more
On Friday, April 30, Florida’s legislature closed its 2021 session without passing the much anticipated Florida Privacy Act. The Act largely failed to pass due to a disagreement between Florida’s house that wanted a private...more
5/4/2021
/ Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Florida ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Popular ,
Private Right of Action ,
Regulatory Agenda ,
State and Local Government
Sweeping consumer privacy law changes are moving quickly through the Florida legislature. Covered private businesses should act now to bring their privacy policies into compliance with the anticipated new requirements....more
4/5/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Regulatory Agenda
This week, the Orlando Sentinel reported that The Florida Bar Board of Governors, at the recommendation of The Real Property Probate and Trust Law Section of The Florida Bar, is considering a proposal to change Florida’s...more
If you are like me and recently purchased new technology to help you efficiently work remotely during the COVID-19 pandemic, you may be using a device that incorporates facial recognition technology into its cadre of...more
As COVID-19 cases continue to rise in Florida, in-person mediations are not occurring in most instances. Prior to the pandemic, most lawyers disfavored mediation by video conference and believed that mediation in person was...more
Naturally, COVID-19 has led to a large degree of uncertainty, which emphasizes the importance of having your estate plan in place – or establishing one if you have not done so already. ...more
Remote work. Shuttered offices. Courthouse closures. Social distancing. Business in a COVID-19 world has been turned upside down. In our current climate, it is more important than ever to protect your intellectual property...more
On March 30, 2020, the Department of Elder Affairs (DOEA) issued Emergency Order No. 20-01 relating to the COVID-19 (Coronavirus) pandemic....more
COVID-19 (coronavirus) has disrupted daily life for all of us. As an employer, you may be wondering whether you must honor the terms and conditions of the employment agreements with your key or executive level staff or...more
Per AARP, an estimated 1.3 million American adults are under guardianship, with approximately 85% being over age 65. In the wake of revelations that professional guardian, Rebecca Fierle, signed Do Not Resuscitate orders for...more
Do you have a loved one who recently passed away and you are concerned that their will or trust was procured by undue influence? Although the law on undue influence has not evolved much since the seminal Florida Supreme Court...more
As the population in Florida continues to age, litigation stemming from allegations related to lack of capacity is on the rise. Family members or other beneficiaries looking to challenge legal documents often gravitate...more
An Alzheimer’s or dementia diagnosis is scary and can leave a patient and their family with more questions than answers. Legal guardianships can provide asset protection, stability, and comfort in uncertain times. ...more
Family composition often includes children from a prior marriage. Step-parents assume the role of caring for, loving, and raising the spouse’s children. Lasting bonds are created by step-parent relationships but legally,...more
A guardianship is a wonderful vehicle to assist seniors and their families in certain difficult situations. Filing a petition for appointment of a guardian over a loved one is a difficult decision that involves discernment...more
This week Rosen Millennium Technology Group, the sister company to Rosen Hotels & Resorts, was sued by its insurance company, St. Paul Fire & Marine, which is denying coverage for a data breach that was discovered in 2016. ...more
3/31/2017
/ American Express ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Denial of Insurance Coverage ,
Hotels ,
Insurance Industry ,
Insurance Litigation ,
Malware ,
MasterCard ,
Policy Terms ,
Visa Inc