Florida Bar Journal articles from February 2008

Florida Bar Journal archives from February 2008

Determining the fair value of minority ownership interests in closely held corporations: are discounts for lack of control and lack of marketability applicable?(Florida)
February 1, 2008... A shareholder who owns a minority interest in a closely held corporation can be in a difficult position when faced with management decisions with which they disagree. Whereas a shareholder in a corporation whose shares are publicly traded can...

It's not the breach, it's the cover-up: using digital forensics to mitigate losses and comply with Florida's data breach notification statute.
February 1, 2008... * Replacing a stolen laptop: $2,000. * Violating Florida's Data Breach Notification Statute: Administrative fines up to $500,000. * Knowing how to protect yourself and your clients: Priceless. Everyone knows a story about a lost...

Consumer protection in the Hispanic community. (Florida)
February 1, 2008... The burgeoning U.S. Hispanic population, a $928 billion annual spending demographic, is being targeted with marketing messages from businesses large and small. (1) Wal-Mart alone spends $60 million a year reaching out to this population. (2)...

Practice pointers for administrative hearings.(Florida)
February 1, 2008... There are recurring issues and errors observed by the administrative law judges (ALJs) of the Division of Administrative Hearings (DOAH) in the trial-like hearings conducted pursuant to F.S. [section] 120.57(1). The purpose of this article is...

Today's disputes and duties in closed corporations.(Florida)
February 1, 2008... Common in the business world of today are claims between shareholders, directors, and officers in closely held companies concerning ownership, control, or management. These claims often arise in the context of proposed sales, mergers, or...

Withhold of adjudication: what everyone needs to know.(Florida)
February 1, 2008... For the benefit of those of you who haven't thought about criminal law since law school, Florida judges have a special authority vested upon them to "withhold adjudication" in a criminal matter pursuant to F.S. [section]948.01. The statute...

Judgment liens on real property: recent decision causes uncertainty for title companies, bankers, and lawyers.(Florida)
February 1, 2008... What did the legislature intend by prescribing a 10-year period with an option to renew concerning judgment liens on real property? A recent decision gives wider latitude to creditors and puts bankers, title companies, and real estate lawyers...

Ins and outs: the taxation of imports and exports in Florida.
February 1, 2008... You have a prospective client that manufactures and sells computers. The client sells his or her items primarily in Illinois, but has recently won a contract to provide computers to several customers in South America. In order to be effectively...

Partitioning real property in dissolution of marriage actions and suits between unmarried co-tenants: credits, setoffs, ouster, division, and sale.(Florida)
February 1, 2008... There are advantages and disadvantages of sharing ownership of real property. These partnerships can involve married adults, unmarried adults living together, and cotenants investing in jointly owned real property as a business enterprise. The...

"Family responsibility" discrimination: the EEOC weighs in on unlawful disparate treatment of workers with caregiving responsibilities.
February 1, 2008... On May 23, 2007, the Equal Employment Opportunity Commission (EEOC) issued, "Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities." Although the enforcement guidance is not binding legal authority, it...

The Case of Abraham Lincoln: A Story of Adultery, Murder, and the Making of a Great President.(Book review)
February 1, 2008... The Case of Abraham Lincoln By Julie M. Fenster Nearly 200 years after his birth, Abraham Lincoln is best remembered for his Gettysburg Address and the Emancipation Proclamation. In this new book, historian Julie M. Fenster explores...

Law Makers, Law Breakers, and Uncommon Trials.(Brief article)(Book review)
February 1, 2008... Law Makers, Law Breakers, and Uncommon Trials By Robert and Marilyn Aitken Here is a collection of incidents and trials so finely researched and written, it is a challenge not to devour all of it in one sitting. The selection of...

Inspirational Florida Bar humanitarians.(President's page)
February 1, 2008... Walking into the federal courthouse in downtown Miami, I step into a place that now bears the name of a revered judge and personal hero of mine: C. Clyde Atkins. It serves as daily inspiration that members of the legal profession reach...