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

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Donna Balancia, Publisher
The Florida Law Journal

David S. Willig: New Florida Law Impacts International Family Cases

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DAVID S. WILLIG, ESQ. – A new statute in Florida, coming into force from October 2014, is likely to impact international family cases to the extent they call for the application of foreign law.  The foreign law angle is, perhaps, not so farfetched.  We often hear about fellow Americans, some famous and some not so famous, getting married in exotic locales such as Italy, France and Jamaica. The new Florida statute will be codified in the Dissolution of Marriage section, Chapter 61, and will also be applicable in cases under Florida’s enactment of the Uniform Interstate Family Support Act.   The act itself purports to codify the holdings of different lines of cases involving choice of law provisions, forum selection clauses, enforceability of foreign judgments, the application of the law of a foreign state, and, finally, dismissal of a case on the grounds of forum non … [Read more...]

Lewis R. Cohen: Bureau Expands Regulation of Residential Mortgage Loan Transactions

Lewis Cohen

LEWIS R. COHEN, ESQ. –   The Consumer Financial Protection Bureau (“CFPB”) has implemented sections 1411 and 1412 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), by amending Regulation Z, which implements the Truth in Lending Act (“TILA”). Regulation Z formally prohibited a residential mortgage lender from making a “higher priced” residential mortgage loan without regard to the consumer’s ability to repay the loan.  A “higher priced” loan is a residential mortgage loan with an interest rate greater than the Average Prime Offer Rate (“APOR”), as published by the Federal Reserve Board, plus a margin. The margin over the APOR index varies, depending on whether the loan is secured by a first lien on the dwelling, a second lien on the dwelling, or whether the loan is a jumbo loan.  Sections 1411 and 1412 of the Act as … [Read more...]

Florida lawsuit calls Digital Domain ‘de facto Ponzi scheme’

South Florida Business Journal -- The State of Florida filed a lawsuit against Digital Domain calling it a “de facto Ponzi scheme” and seeking to recover $20 million in state incentives granted to the company before it failed. The lawsuit, filed in St. Lucie County Circuit Court by Fort Lauderdale attorney William R. Scherer on July 22, could draw attention in this year's governor’s race. Charlie Crist approved the incentives for Digital Domain while he was Republican governor in 2009. Crist is now running as a Democrat seeking to unseat Governor Rick Scott, who authorized this lawsuit. Read more about Digital Domain here   … [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...]

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...]