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 The old model for acquiring residential and commercial properties, using primarily purchase financing has been replaced by all all-cash or mostly cash transactions, which also is the primary method used by foreign buyers.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...]

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...]

Joseph Sacher: A Concise Contract is the Key

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BY JOSEPH A. SACHER, ESQ - Never underestimate the power of a clear and concise contract, however short, particularly when it contains broad and unambiguous indemnification provisions providing extensive relief for damaged parties. In Florida, clear and unambiguous terms in a written agreement will control the course of contractual relationships, and also determine the outcome, if any disputes should arise. I recently had the pleasure of representing an injured party in a commercial dispute, which was attempting to enforce a one-page Indemnity Agreement executed 10 years before the actual dispute arose, and 12 years before it went to trial. The case, Nature’s Products, Inc. v. Natrol, Inc., et al., Case No. 11-CV-62409-CIV-Dimitrouleas, in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, serves as an excellent illustration of the value of a … [Read more...]

Award-Winning Attorney-Journalist Joins Justice at Stake’s Board of Directors

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STAFF REPORT -- WASHINGTON, DC -- Manuel "Manny" Medrano has joined the board of directors of Justice at Stake, a nonpartisan group dedicated to keeping courts fair and impartial. Medrano is a former federal prosecutor and recipient of numerous honors related to his trial practice.  He is also an Emmy and Golden Mike award-winning TV broadcast journalist.  He has served as a judge pro tem, and currently is a partner at Medrano & Carlton, a white collar firm in Los Angeles. “We are delighted to have Manny Medrano join the Justice at Stake Board,” said Mark Harrison, chairman of the JAS Board of Directors. “He brings outstanding experience as a lawyer, journalist, pro tem judge and legal commentator. Mr. Medrano understands first-hand the critical importance of fair and impartial courts and also how to communicate this importance to the public.” “Mr. Medrano is a welcome … [Read more...]

John Morgan: The bombastic, omnipresent lawyer fueling Florida’s 2014 election

John Morgan is leading a high-profile ballot initiative to legalize marijuana in Florida for medical use.

By ADAM C. SMITH, Times Political Editor -- ORLANDO — You'd think after making thousands of  "For the People" TV ads for his law firm, John Morgan would be more than comfortable before the camera. But as he looked at his cherubic baby face on the TV monitor recently, Morgan groaned. "Laawd," he said in his deep Kentucky drawl, "high def is a m-----f-----." Insecurity runs deep, even for a bombastic multimillionaire who leads the country's largest personal injury law firm, has hosted President Barack Obama at his 18,000-square-foot mansion and is poised to be the most important man in Florida politics this election cycle other than Charlie Crist and Rick Scott. http://bit.ly/18NxnM0   … [Read more...]