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Beneficiary Designations

It’s a known fact that you should make your will early, even if you have no intention of passing away anytime soon. Putting a will in place ensures that your last wishes are on paper, and able to be communicated to your surviving family members. It helps you plan for their futures, even if you can’t play a physical role. No matter what your financial status, a will is important for establishing your estate. But most people don’t think beyond their wills, and fail to truly consider the beneficiary designations they have to establish in their wills, financial accounts, retirement accounts and more.

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Lubell Rosen Partner Aldo Leiva Selected to Speak at 2016 Emerald Coast Medical Association Winter Beach Retreat

Aldo M. Leiva, Esq., partner at Lubell Rosen and leader of the firm’s Data Security and Privacy practice, has been tapped to speak at the 2016 Emerald Coast Medical Association Winter Beach Retreat, taking place at the Sandestin Golf and Beach Resort in Panama City, Florida. Mr. Leiva will speak on Jan. 9, 2016 about the subject, “2015 Update on the Florida Office Surgery Rules: What Every MD and DO Should Know.”

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Common Construction Law Cases

Construction law covers a wide spectrum of cases, ranging from building codes and safety requirements to legal documentation and ownership claims. In Florida and across the country, construction is a booming industry, and it’s one that bolsters the economy by creating more space for commercial shops and businesses, and even residential homes.

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Lubell Rosen Partners Steven L. Lubell, Esq. and Aldo M. Leiva, Esq. Named to 2015 Most Effective Lawyers by Daily Business Review

Steven L. Lubell, Esq. and Aldo M. Leiva, Esq., partners at nationally-renowned law firm Lubell Rosen, have been selected as the winners of Daily Business Review’s 11th annual 2015 Most Effective Lawyers in the practice area of medical malpractice.

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Assets in Trust: Trustees and Their Fiduciary Duties

In the context of estates and planning for the future of loved ones, a fiduciary duty is generally a responsibility that is closely governed by the wishes of the individual seeking to establish a trust, as well as by the legal obligations that trustee or representative will have to those involved in the person’s will and his or her family members. Anyone who takes on this responsibility is subject to scrutiny, especially in acrimonious or troubled families, or in cases which the will and arrangements could be controversial.

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Malicious Prosecution Revived by Appeals Court, Being Heard by the Supreme Court by Marshall A. Adams, Esq.

The tort of Malicious Prosecution (someone intentionally filing a false or frivolous case against someone else) was eviscerated in Florida's 3d District Court of Appeals by Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013), due to the doctrine of “litigation privilege.” Litigation privilege prevents a party or an attorney from being sued for actions taken during litigation. Many, including this author, were surprised by the ruling. Frankly, malicious prosecution is one of the few effective tools to use against unethical litigants and their attorneys, after you win.

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White Collar Crimes

White collar crime is an often unexplored area of criminal activity. Very few TV crime dramas are dedicated exclusively to white collar crimes, and many of the sensational news stories that hit the presses have more to do with murders and kidnappings than bank fraud or money laundering. White collar crimes may not necessarily claim a bold headline, but their consequences can be devastating for a convicted criminal’s future, both personally and professionally. It’s important to know what constitutes white collar crimes in Florida and what could happen if you are caught or charged with one. 

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The ACA and Managed Care

Since the passage of the Affordable Care Act (ACA) in 2010, the field of medicine has seen drastic changes in policies and insurance requirements. It has affected the relationship between doctors and patients, as well as between patients and their insurance providers. The ACA is intended to improve the affordability and availability of health insurance nationwide, and in doing so, it has changed the way medical professionals, hospitals, doctors’ offices and other health care outlets handle their patients’ insurance and medical coverage. 

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Standards of Health Care

Health care is a strictly governed field with rules and regulations constantly being updated to better serve patients and ensure proper, high-quality care. Doctors and medical professionals are held to rigorous standards of ethics and conduct, and when these standards are breached, any number of regulatory agencies and boards can take action. In Florida, the Department of Health has the authority to issue certain sanctions and citations when necessary to regulate quality among the state’s doctors and nurses.

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How Do You “Go Bare”?

In Florida, doctors have the option to refuse to retain medical malpractice insurance coverage, in a move that is known as “going bare.” When a doctor or physician chooses to go bare, he or she no longer has to pay for expensive medical malpractice insurance premiums. While going bare does not prevent a doctor from being sued by patients, it does open the doors for other options when it comes to legal representation. However, any doctor who is considering going bare needs to determine whether the benefits outweigh the risks involved.

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