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

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Donna Balancia, Publisher
The Florida Law Journal

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

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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

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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...]

Michael L. Feinstein: Florida Makes Big Changes to its Limited Liability Company Act

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BY MICHAEL L. FEINSTEIN, ESQ. – On June 14, 2013, Florida adopted the Revised Limited Liability Act (“Florida’s LLC Act”), based on the Revised Uniform Limited Liability Company Act. Florida’s LLC Act went into effect on January 1, 2014 and is codified in Chapter 605 of the Florida Statutes. Florida’s LLC Act governs new LLCs formed after Jan.1, 2014. LLCs formed before Jan.1, 2014, may elect to be governed under the old LLC statute until Jan.1, 2015, however, after Jan.1, 2015, Florida’s LLC Act will apply to all Florida LLCs. Florida’s LLC Act contains significant changes from the prior statute. Below are some highlights of the material changes: 1. Expansion of Nonwaivable Provisions  §605.0105 Florida’s LLC Act expands the list of statutory rights and provisions that cannot be waived or altered in governing documents or other agreements between an … [Read more...]

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...]