Blog

December, 2013

Business Formation and Understanding Liability Inside-Out and Outside-In

December 30th, 2013

Posted in Asset Protection,Business Law

If you own a business in Florida, you should make sure your personal assets are protected from your business liability and your business assets are protected from personal liability.  This level of planning is often referred to as Inside-Out vs. Outside-In asset protection.  Inside-Out liability refers to when a business owner can have his or her personal assets attacked based on a business lawsuit.  This is one of the primary reasons that someone forms a business entity – to protect one’s personal assets from business liability.  It is important how a business entity is structured to achieve the best asset protection in this regard.
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Service and Support Animal Accommodation Requests Trump Pet Breed Restrictions

December 18th, 2013

Posted in Condominium & Homeowner Association Law

Our Firm recently provided information on the ability of a condominium or homeowner association to adopt rules restricting pet breeds, specifically as to dogs (http://jacksonlawgroup.com/blog/condominium-and-homeowner-association-law/pet-breed-restrictions-in-condominium-and-homeowner-associations-are-generally-enforceable/).  However, if the association is provided with a request for a reasonable accommodation to allow a service or assistance animal that would violate the breed restriction rule, the association may have to allow the animal, regardless of the breed. 
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Pet Breed Restrictions in Condominium and Homeowner Associations Are Generally Enforceable

December 9th, 2013

Posted in Condominium & Homeowner Association Law

An issue that arises frequently in condominium associations, and to a lesser extent homeowner associations, in Florida is the presence of pets and the association’s ability to place rules on their presence in communities.  One specific question is whether an association may impose restrictions as to the type of breed of domestic animals, typically as to dogs. 
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The Attorney-Client Privilege in Florida

December 5th, 2013

Posted in General Practice

The attorney-client privilege is one of the most important legal protections that an individual or entity has when seeking legal advice from a Florida attorney.  Section 90.502(c) of the Florida Statutes states that communication between an attorney and a client is confidential if it is not intended to be disclosed to a third-party other than when the communication to a third-party is made in the furtherance of legal service to the client or when the use of a third-party is reasonably necessary for communication between the attorney and client.  It is important to note that there are exceptions that may apply, such as when the attorney’s services are sought to enable what the client knows to be a crime or fraud.  The purpose of the statute is to protect almost all information disclosed by the client.  However, this protection can be waived and subject to disclosure if third-parties are involved in the communication.  Moreover, Section 90.507 of the Florida Statutes provides that the attorney-client privilege is waived when a confidential matter is voluntarily discussed in a manner where a reasonable expectation of privacy does not exist.  Examples may include copying a third party to an email to your attorney, forwarding an email from your attorney, including a friend in a meeting with your lawyer, or encountering your lawyer at a public venue with other people listening to the conversation and discussing your case.
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