Publications Archives - Page 5 of 8

Apr 26 2017

How Does a Chapter 7 Trustee Prevent a Tort Claim from Being Abandoned under §554(c) Upon Closing a Case?

By Lara Fernandez Bankruptcy and Creditors' Rights, Publications

What must a chapter 7 trustee do to preserve a scheduled but unresolved personal injury claim as an estate asset when closing a case? Is reserving one’s right in a Report of No Distribution to reopen the case at a later date to administer the claim sufficient to prevent it…

Mar 10 2017

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Temporary Alimony – Award & Modification

By Trenam News Marital and Family, Publications

March/April 2017 As seen in the St. Petersburg Bar Association Paraclete, March/April Issue, pg. 10-11 It is not unexpected that spouses dealing with the dissolution of their marriage have both significant emotional and financial stressors in their lives. With the large volume of dissolution of marriage cases in Florida, contested divorces can take…

Mar 10 2017

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Best Practices in Credit Reporting

By Trenam News Bankruptcy and Creditors' Rights, Publications

March 2017 By: Amy Drushal and Lara Fernandez Amy Drushal and Lara Roeske Fernandez authored an article published in the March 2017 edition of ALM’s The Corporate Counselor discussing an emerging trend in Fair Credit Reporting Act (FCRA) litigation involving Chapter 13 bankruptcy. Under Chapter 13 bankruptcies, the debtor proposes a…

Mar 06 2017

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Pre-Mediation Exchanges of Information

By Trenam News Mediation and Arbitration, Publications

March 2017 Parties need adequate information to evaluate the strengths and weaknesses of their own position, as well as the opposing side’s position, to prepare for mediation. In most cases a portion of this information must necessarily come from the opposing party. Some of this information can be obtained through…

Feb 03 2017

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DOL’s White Collar Overtime Rule Blocked Nationwide

By Trenam News Publications

Yesterday, Judge Amos L. Mazzant III of the United States District Court, Eastern District of Texas, granted an emergency nationwide preliminary injunction that prevents the Department of Labor’s (DOL) new overtime rule, which doubled the salary threshold for white collar exemption from overtime pay, from going into effect on December…

Feb 03 2017

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Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches

By Adam Brouillet Cybersecurity and Data Privacy, Publications

Nowadays, the prudent business owner should be cognizant of cybersecurity and the public relations and legal costs that can arise from a data breach. By holding personal information of customers, employees, or anyone else, the business assumes the legal and public relations obligations to keep that information secure. Cybersecurity is…

Feb 02 2017

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Timing of a Mediation

By Trenam News Mediation and Arbitration, Publications

Most litigators have experienced that mediation is a virtual certainty in nearly all cases. The question is no longer if, but when. In evaluating options for resolving your client’s dispute, you may ask yourself “when is the right time to mediate this dispute?” Some mediators might tell you it is…

Jan 30 2017

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A Reminder on the Increase in the Minimum Wage and Best Practices on Taking Tip Credits

By Trenam News Employment, Publications

The Florida Constitution requires employers to pay employees wages no less than the minimum wage for all hours worked. As we initially reported in our October 2016 Employment Law Newsletter, beginning on January 1, 2017, Florida’s minimum wage increased to $8.10, up from $8.05 in 2016. Under Florida law, the…

Jan 21 2017

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Foreclosing Bartram

By Trenam News Financial Services, Litigation and Dispute Resolution, Publications

As seen in The Florida Bar Journal, February 2017, Volume 91, No. 2 By: Bert McBride With the Cubs winning the 2016 World Series, there is a lot of talk in Chicago about the specters of the billy goat and the infamous Bartman finally being vanquished.1 With one final victory, on November 2, 2016, Chicago Cubs…

Dec 12 2016

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When is it OK for Employers to Deduct from Employee Pay?

By Trenam News Employment, Hospitality, Publications

As seen in Full-Service Restaurant magazine, December 2016. By: Alicia Koepke Restaurants and other employers often question when they can lawfully deduct amounts from employee pay. The answer is difficult to ascertain because it can depend on a variety of factors, including whether the employee is exempt under the Fair Labor Standards Act…

Publications

How Does a Chapter 7 Trustee Prevent a Tort Claim from Being Abandoned under §554(c) Upon Closing a Case?

Temporary Alimony – Award & Modification

Best Practices in Credit Reporting

Pre-Mediation Exchanges of Information

DOL’s White Collar Overtime Rule Blocked Nationwide

Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches

Timing of a Mediation

A Reminder on the Increase in the Minimum Wage and Best Practices on Taking Tip Credits

Foreclosing Bartram

When is it OK for Employers to Deduct from Employee Pay?

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