Category Archives: FirmNews

When Good IRA’s Go Bad: Common Pre-and-Post Mortem IRA problems with Uncommonly Bad Results

This article was originally published in December 2005 by Kristen M. Lynch for The Florida Bar Journal. The original article can be found here: source Individual Retirement Accounts are tax-deferred accounts that, if handled properly, can be an effective vehicle for retirement and can be passed on to a surviving spouse or other heirs while retaining the deferral of income tax. The new IRA rules enacted a few years ago provide post-mortem planning opportunities in an area that previously had
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URGENT SCAM ALERT – Phony DEA Agent Contact to Doctors

To our physician clients and friends: We want to let you know about a phony DEA agent scam that was attempted on one of our physician clients the other day.  Our client texted one of our partners, advising that he was on the phone with a person who represented herself as a DEA agent, who was calling to inform the physician that his license was going to be immediately suspended and he was going to be arrested.  We were able
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YOU CANNOT AGREE WITH YOUR EMPLOYEES THAT YOU DO NOT HAVE TO PAY THEM OVERTIME, EVEN IF THE AGREEMENT YOU MAKE PAYS THEM MORE

The right to overtime under the Fair Labor Standards Act (FLSA) cannot be given up in an employment contract, or agreed between the employer and employee not to apply. In hundreds of FLSA cases I have been involved in, one of the most common things employers are sued for is coming up with ways to pay their employees more, but that do not pay them overtime at one-and-one half times their regular hourly rate. Often times these employers tell me
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YOU CANNOT AGREE WITH YOUR EMPLOYEES THAT YOU DO NOT HAVE TO PAY THEM OVERTIME, EVEN IF THE AGREEMENT YOU MAKE PAYS THEM MORE

The right to overtime under the Fair Labor Standards Act (FLSA) cannot be given up in an employment contract, or agreed between the employer and employee not to apply. In hundreds of FLSA cases I have been involved in, one of the most common things employers are sued for is coming up with ways to pay their employees more, but that do not pay them overtime at one-and-one half times their regular hourly rate. Often times these employers tell me
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THE SECRET TO APPEARING PRO HAC VICE IN THE SOUTHERN DISTRICT OF FLORIDA

The Southern District of Florida is, arguably, the best place in the country to litigate Federal Claims. However, attorneys appearing pro hac vice often underestimate the importance of the choice of local counsel they associate. Worse, many attorneys appearing pro hac vice in the Southern District of Florida rely on the reputation of a firm, or its size, in determining who to associate as local counsel, neither of these factors are relevant, the attorney, not the firm, is the important
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GAINING THE ADVANTAGE HANDLING FRIVOLOUS LAWSUITS

The cost of doing business successfully today, is that lawsuits are bound to happen, and many of them will be frivolous lawsuits. Routinely frivolous lawsuits are pursued by attorneys who know that even a frivolous lawsuit can be successful against companies who know it is cheaper to pay a settlement than spend years paying attorneys to wind through state court systems. There is a way to fight back, using a trick that puts frivolous lawsuit filers into waters they do
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