Apr. 18, 2016

The Technicalities of Creditor Claim Deadlines in Florida Probate Estates

By Jeffrey Fauer

Creditor claims are a common source of litigation in probate estates.   Whether large or small, almost every probate estate has a creditor that files a claim.  Creditor claims are typically based on the debts of the decedent that arose prior to death, and can range anywhere from a claim by American Express for unpaid credit card bills, to a claim by a former business partner for payment of principal and interest on a multi-million dollar promissory note.

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Apr. 18, 2016

Striking Back Against Securities Fraud: Considerations in Choosing Your Legal Causes of Action

After Ponzi schemes gained national attention from the exposure of Bernie Madoff’s decades-long conspiracy, securities fraud has become a term that nearly everyone is familiar with today.  Providing local flavor, Scott Rothstein’s investment fraud again brought the concern to the door-steps of Floridians.  With the Internet providing an ever more critical “tool of the trade,” fraudulent conspiracies such as “pump-and-dump” schemes are a regular danger to Florida investors.  While the fraudsters behind these schemes face criminal repercussions, the federal anti-fraud statutes, and often state equivalent “blue-sky laws,” provide independent civil causes of action available to victims.  The Florida Securities and Investor Protection Act (“FSIPA”) is particularly noteworthy in our state, and understanding the distinctions between the causes of actions afforded under FSIPA and its federal counterparts is essential for victims as well as attorneys practicing in this area.

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Apr. 6, 2016

Tripp Scott's Lunch and Learn

Stay tuned for the next Tripp Scott Lunch and Learn.

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Apr. 4, 2016

Florida Enacts Fiduciary Access to Digital Assets Act

By Joshua R. Landsman

Florida Enacts Fiduciary Access to Digital Assets Act 

For those that can’t go a day without posting a political jab on Facebook, posting a photo on Instagram, tweeting a Tweet on Twitter (sounds like a line from a Dr. Seuss book), you may have wondered what happens to those accounts when you die.  Well, for Florida residents, we have some clarity.

On March 10, 2016, Governor Scott signed into law Senate Bill No. 494 which creates Chapter 704 of the Florida Statutes entitled the “Florida Fiduciary Access to Digital Assets Act” (the “Act”).  The bill was sponsored by Sen. Hukill. 

The Act is the States’ adaptation of the Revised Uniform Fiduciary Access to Digital Assets Act and aims to provide “fiduciaries” legal authority to manage digital assets on behalf of others and provides “custodians” legal authority to interact with fiduciaries to disclose digital assets in the manner requested by “users”.

This post summarizes some of the main points of the Act.

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Jan. 6, 2016

CONSUMER AND BUSINESS ALERT – BE CAREFUL OF THE FINE PRINT EVEN IN THE MOST INNOCULOUS AGREEMENTS

By Charles M. Tatelbaum

In our day-to-day business and personal activities, we often are asked to sign service and other innocuous agreements, both on line and in hard copy with clients and customers, where little time is spent reviewing exactly what is contained in the agreement. While in most cases, the significance of the agreements may not seem important at the time, should an issue arise where a dispute has been created, the so-called “fine print” can create innumerable problems and issues.

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Striking Back Against Securities Fraud: Considerations in Choosing Your Legal Causes of Action

After Ponzi schemes gained national attention from the exposure of Bernie Madoff’s decades-long conspiracy, securities fraud has become a term that nearly everyone is familiar with today.  Providing local flavor, Scott Rothstein’s investment fraud again brought the concern to the door-steps of Floridians.  With the Internet providing an ever more critical “tool of the trade,” fraudulent conspiracies such as “pump-and-dump” schemes are a regular danger to Florida investors.  While the fraudsters behind these schemes face criminal repercussions, the federal anti-fraud statutes, and often state equivalent “blue-sky laws,” provide independent civil causes of action available to victims.  The Florida Securities and Investor Protection Act (“FSIPA”) is particularly noteworthy in our state, and understanding the distinctions between the causes of actions afforded under FSIPA and its federal counterparts is essential for victims as well as attorneys practicing in this area.

The Technicalities of Creditor Claim Deadlines in Florida Probate Estates

Creditor claims are a common source of litigation in probate estates.   Whether large or small, almost every probate estate has a creditor that files a claim.  Creditor claims are typically based on the debts of the decedent that arose prior to death, and can range anywhere from a claim by American Express for unpaid credit card bills, to a claim by a former business partner for payment of principal and interest on a multi-million dollar promissory note.

Tripp Scott's Lunch and Learn

Stay tuned for the next Tripp Scott Lunch and Learn.

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