Florida Bar Journal articles from February 2009

Florida Bar Journal archives from February 2009

The derivative action report: more trouble than it's worth?
February 1, 2009... When a plaintiff files a derivative action on behalf of a corporation, the board of directors of that corporation has the right to appoint an individual, the independent investigator, or a group of individuals, the Special Litigation Committee...

Determining the nonmarital portion of pensions and retirement benefits.
February 1, 2009... An earlier article bearing a similar title (1) examined the operating principles needed to determine the nonmarital portion of real estate property, securities, and closely held businesses, and it touched upon retirement plans. This article...

The Bar's member benefits - saving costs during a lean economy.(President's page)
February 1, 2009... Plummeting stocks. Soaring foreclosures. Crashing real-estate markets. World recession. Corporate layoffs. Bank bailouts. No raises. Nobody's hiring. In these bleak economic times, just about everyone is feeling the pinch and hunkering down to...

How to comply with Chapter 558 Florida Statutes: current challenges and future changes.
February 1, 2009... F.S. Ch. 558, otherwise known as the Florida Construction Defect Statute, requires owners to send a "notice of claim" to developers, contractors, subcontractors, suppliers, and/or design professionals identifying any alleged construction and/or...

Employer-owned life insurance after the Pension Protection Act of 2006.
February 1, 2009... Many employers purchase insurance policies insuring the lives of their employees. These policies, generally referred to as "corporate-owned life insurance" (COLI) or "employer-owned life insurance" (EOLI), are used to fund employee benefit...

Preparing the workplace for a pandemic.
February 1, 2009... How should Florida employers prepare their workplaces for possible pandemics of avian influenza, Severe Acute Respiratory Syndrome (SARS), or illness spread by bioterrorism? Is the risk of a pandemic illness significant enough to merit the...

Unhandcuffing justice: proposals to return rationality to criminal sentencing.
February 1, 2009... Americans love to be number one. Unfortunately, we are now tops in two negative areas: debt and prisons. The federal government's national debt and unfunded liabilities total $53 trillion, wrote David Walker, former director of the Government...

The dance of the Porcupines: defense under a reservation of rights in Florida.
February 1, 2009... Florida courts have addressed the mutual rights and responsibilities of the insurer and the insured where the insurance company offers a defense under a reservation of the right to deny coverage. The courts have rules on issues regarding the...