Louis P. Archambault: Common Issues in Representing Foreign Buyers

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BY LOUIS P. ARCHAMBAULT, ESQ – As the world continues shrinking, foreign investors are coming to Florida to take advantage of exciting real estate opportunities. The old model for acquiring residential and commercial properties, using primarily purchase financing has been replaced by all all-cash or mostly cash transactions, which also is the primary method used by foreign buyers. For a Florida practitioner, these two factors have combined to make foreign real estate buyers more the rule as a prospective client than an exception. However, foreign buyers have particular concerns and needs to consider that are separate and apart from domestic purchasers. This article will summarize some of these common but important issues to keep in mind when representing foreign investors. EXPLAINING THE US (FLORIDA) LEGAL SYSTEM OF PROPERTY OWNERSHIPIn many other countries around the world, … [Read more...]

Hospital Agrees to pay $7 Million in Whistleblower Settlement

TAMPA BAY TIMES -- ST. PETERSBURG — All Children's Hospital has agreed to pay $7 million to settle a whistle-blower lawsuit alleging it violated antikickback laws by paying inflated salaries and bonuses to doctors so that they would bring in more patients and revenues. The suit was filed in July 2011 by Barbara Schubert, who was director of operations for the doctors' practice at All Children's for more than a decade. She claimed the hospital overpaid doctors by about $5 million in 2010 alone, violating laws regulating the financial relationships between hospitals and the physicians who bring in patients. All Children's, which denied any wrongdoing in agreeing to the settlement, relies heavily on the state-federal Medicaid program. In 2010, the year it opened its new facility, 70 percent of its patient care revenues, or $370 million, came from Medicaid, according to an annual … [Read more...]

Richard Wolfe: Entering into Contracts with Minors can be a Minefield

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BY RICHARD C. WOLFE, ESQ – The fields of entertainment and sports are dominated by the young. Many athletes and entertainers have earned tremendous amounts of money prior to reaching legal age. This article will focus on three contracting issues apropos to minors: where the contract is judicially approved; where the contract is guaranteed by the minor’s parents; and where consideration is given to the minor, but no judicial approval is obtained. Background on Judicial Approval Florida is one of 38 states that has adopted a version of the so-called Jackie Coogan” Law, named after the child actor whose riches were taken by greedy parents (and who regained his fame in middle age as Uncle Fester in the Addams Family TV show) [See Florida Statutes 743.08, 09, and 095 (1995).] Under the common law, the parents possessed the results of a child’s work in return for their legal … [Read more...]