October 23, 2012|By Brittany Wallman, Sun Sentinel A controversial law that would empower workers to easily go after their employers for pay was approved Tuesday after two hours of debate by the Broward County Commission. The law was denounced by the business community, who over the course of months called it hostile, insulting and unnecessary. They won a consolation — the law's terminology was changed from "wage theft'' to "non-payment of earned wages.'' http://articles.sun-sentinel.com/2012-10-23/news/fl-wage-theft-final-vote-20121023_1_wage-theft-law-broward-commission-commissioner-ilene-lieberman … [Read more...]
Farmer-Turned-Attorney: ‘Economy is Pressuring our People’
October 10, 2012 By
By DONNA BALANCIA, TFLJ Editor WINTER PARK, Fla. -- Attorney Brad Hester buys locally grown products whenever he can, and not solely to keep in good physical health. The dairy farmer-turned-attorney believes buying Florida-grown products will also nurture a healthy economy. “Agriculture is under a lot of pressure and I help however I can,” Hester said. “Many factors impact the farmers and all of us are affected every day.” Hester has been involved in the industry for years and says the plight of the farmer pervades all realms of law, touching everything from real estate, to a wide range of environmental issues. It has been a tough economy throughout the United States, but the farmers in Florida have a particularly tough row to hoe. “The pressure from development has been building, and land values have swung both ways,” said Hester, who works with the law … [Read more...]
U.S.-born kids of illegal immigrants have right to Florida tuition: judge
September 6, 2012 By
REUTERS - TALLAHASSEE, Florida (Reuters) - Florida officials on Wednesday were reviewing a federal judge's ruling ordering the state to stop charging U.S.-born children of illegal immigrants higher out-of-state tuition at public colleges, a practice he declared "unconstitutional." The case was brought by the Alabama-based Southern Poverty Law Center on behalf of a group of students who were denied less expensive in-state tuition despite being U.S. citizens, Florida high school graduates and residents of the state. U.S.-born students of illegal immigrants are eligible for in-state tuition at Florida universities if they meet the standard residency requirements applicable to their peers whose parents are U.S. citizens, U.S. District Judge Michael Moore ruled last Friday. "The state regulations deny a benefit and create unique obstacles to attain public post-secondary public … [Read more...]
Bank Secrecy Act v. Confidentiality
September 4, 2012 By
By LEWIS COHEN, Special to The Florida Law Journal -- Rule 4-1.6 of the Rules Regulating the Florida Bar provides that “a lawyer shall not reveal information relating to the representation of a client.” The rule’s commentary makes clear that an attorney’s ethical duty of confidentiality is broader in scope than the well-founded principle of attorney-client privilege, and extends not merely to matters communicated in confidence by the client to the attorney, but to all information relating to the representation of the client, whatever its source. Section 352 of The USA PATRIOT Act amended the Bank Secrecy Act (“BSA”) to require U.S. financial institutions to report to the U.S. Department of the Treasury, Financial Crimes Enforcement Network (“FinCEN”), transaction activity attempted by, through, or at a financial institution if (a) the financial institution knows … [Read more...]
