<h2>Donna Balancia is Publisher of The Florida Law Journal</h2>

About News

Donna Balancia, Publisher
The Florida Law Journal

David S. Willig: The Civil-Law Notary: A Bridge Between Worlds

David-Willig-Attorney-sm3

DAVID S. WILLIG, ESQ. – The word "notary” is usually associated in the public mind with a quasi-official who pulls out his or her stamp when someone needs a witness for an oath or some other legal transaction. Only three hours of classroom time are required to be a notary public in Florida, but the Civil-Law Notary is very different. These notaries, where they are part of the legal landscape, are high-level legal professionals who handle important transactions.   In creating this designation, the Florida Legislature realized one of its greatest unsung achievements. The Scope of the Profession The Civil-Law Notary is intended to function similarly to that of notaries in “civil law” jurisdictions such as Quebec and Argentina, not incidentally two of Florida’s most important international economic partners. Asian countries such as Japan and China also have adopted … [Read more...]

Anthony De Yurre: Strategies to Serve Process on International Defendants

AnthonyDeYurre185

BY ANTHONY DE YURRE, ESQ – International demographics lead to international defendants. Unfortunately, service of process on international defendants creates extensive motion practice, including evidentiary hearings. In order to avoid delay and expense, service of process regarding international defendants must be an integral part of early litigation strategy. Both Federal and Florida law provide the same method of service for defendants abroad. Fed. R. Civ. P. 4(f) provides for service outside the United States, "by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents." Additionally, Fla. Stat. §48.193(3) provides that, "[S]ervice of process upon any person subject to the jurisdiction of the courts of this state as provided in … [Read more...]

Jonathan Goldstein: Facebook Post to Associations – Limit Confidentiality in Your Settlements

Jonathan-Goldstein-185b

BY JONATHAN S. GOLDSTEIN, ESQ – Community associations (condominiums and homeowners’ associations) should always attempt to obtain limitations on confidentiality agreements in settlements that permit the association to share the agreement with its members. These limitations should also insulate the association from responsibility if one of its members disseminates the agreement without the association’s approval. This issue affects many individuals and entities because of the prevalence of community association ownership and litigation. A recently issued decision by the Florida 3rd District Court of Appeal, in the case of Gulliver Schools Inc. and School Mgmt. Systems Inc. v. Snay, 39 Fla. L. Weekly D457 (Fla. 3d DCA Feb. 26, 2014), illustrates the potential significance of confidentiality provisions in such settlements. The Gulliver Schools Inc. decision dealt with a … [Read more...]

How Would Medical Marijuana be Sold and Controlled?

TAMPA BAY.COM -- Four years ago in Colorado, pot trounced latte in a head-to-head storefront count. Starbucks had 209 franchises in the state. Denver alone had 390 medical marijuana dispensaries operating with no regulations. READ MORE HERE … [Read more...]

David S. Willig: Bilingual Mediation Too Often an Afterthought

David-Willig-Attorney-sm3

BY DAVID S. WILLIG, ESQ. – Alternative Dispute Resolution continues to be a growth industry, throughout the United States and around the world. Among ADR techniques and mechanisms, mediation leaves the result in the hands of the parties, rather than one imposed from "on high." In mediation, the mediator's only power is that of persuasion, along with creativity in proposing ideas that lead to a negotiated solution. This is challenging enough in normal circumstances. In many instances, mediation can be more challenging still when the parties have language differences. Language in mediation is critical, because of the mediator's role in guiding the parties toward settlement through suggestion and persuasion. In the increasingly diverse communities established or emerging in many parts of Florida, and the U.S., we see language issues more often come to the fore. Disagreeing in two … [Read more...]