Category: Questions answered
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DBA Decoded: Unlocking Business Flexibility and Protection
As a business owner or entrepreneur, selecting the appropriate business structure is crucial for success. One often overlooked yet valuable option is the Doing Business As (DBA) designation. In this detailed guide, we will delve into the world of DBAs, exploring their benefits, registration requirements in Florida, and implications for your business. What is a…
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Why Mediation Is a Game-Changer in Trademark Disputes
In the world of business, trademarks are more than just logos or names—they’re the lifeblood of a brand’s identity and consumer trust. They represent reputation, quality, and innovation. But when trademark disputes arise, they can quickly spiral into costly and contentious battles. Whether the issue is over alleged infringement, dilution, or fair use, resolving such…
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Your Step-by-Step Guide to Navigating Hurricane Insurance Claims: How to Document, File, and Resolve
In the aftermath of hurricanes like Helene or Milton, many homeowners face significant damage to their properties. Here are steps Florida homeowners can take to manage their insurance claims independently, focusing on effective preparation for mediation without immediately involving an attorney or public adjuster: 1. Document the Damage Thoroughly 2. Review Your Insurance Policy 3.…
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The Dangers of Using ChatGPT to Draft Business Contracts: Why You Need Professional Legal Guidance
Relying on ChatGPT for your contracts can lead to devastating outcomes, but mediation can help.
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Navigating Non-Compete Agreements Through Mediation: A Strategic Approach for Employers and Employees
The legal landscape surrounding non-compete agreements is in a state of flux. With the recent federal court ruling overturning the FTC’s nationwide ban on non-competes, employers and employees alike are left to navigate a complex and evolving environment governed largely by state laws. In this uncertain climate, mediation emerges as a powerful tool for both…
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Understanding the Legal Implications of the Texas Federal Court Striking Down the FTC’s Ban on Non-Competition Agreements
Two days ago, August 21, 2024, U.S. District Judge Ada Brown granted a motion for summary judgment effectively overturning the FTC’s (Federal Trade Commission’s) nationwide ban on non-competition agreements. As a result, the FTC will not be permitted to enforce its rule, which was set to go into effect September 4, 2024. FTC spokesperson Victoria…
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General Information About Copyright, Inheritance, and Estate Planning Ideas for Authors to Consider
I was recently asked by an author to provide some general information about copyright, inheritance rules, and some good estate planning ideas for authors to consider. Since I figured other authors could benefit from this same information, I decided to include it in my next blog post. Copyright protects original works of authorship, such as…
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New FinCIN Reporting Requirements for Business Entities Under the Corporate Transparency Act
Any person who fails to comply with the registration requirements may be liable for a civil penalty of up to $5,000 for each violation.
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WHAT YOU NEED TO KNOW AS AN EMPLOYER ABOUT THE FEDERAL TRADE COMMISSION’S BAN ON NON-COMPETITION AGREEMENTS
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve a comprehensive final rule that prohibits non-compete agreements nationwide, affecting an estimated 30 million workers according to the Federal Trade Commission’s own estimates. [1] This Rule is an almost total prohibition on non-compete agreements represents a significant shift from existing laws in…
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Navigating the Legal Maze: Litigating Restrictive Covenants and the Crucial Role of Early-Stage Mediation
In the realm of employment contracts, restrictive covenants often serve as essential tools for protecting a company’s interests. However, when disputes arise surrounding these clauses, the journey through litigation can be a challenging and costly endeavor. In such circumstances, the value of early-stage mediation cannot be overstated, offering a strategic pathway towards resolution that benefits…
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The Power of Mediation in Resolving FARBAR Contract Real Estate Disputes:
By promoting efficiency, preserving relationships, empowering parties, ensuring confidentiality, and offering cost-effective solutions, mediation offers a host of benefits over traditional litigation.
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The Art of Resolution: Why Mediate First in Business and Entertainment Law
Hey there, business and entertainment gurus! Today, we’re diving into the fascinating world of dispute resolution, where I, your friendly neighborhood attorney mediator, am here to spill the tea on why mediating first is the real MVP before jumping into the legal ring. Picture this: You’re knee-deep in a business or entertainment law predicament. The…
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MASTERING THE MEDIATION MINDSET
After all, isn’t the goal really to walk away from mediation with the problem solved?
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Behind Closed Doors: The Power of Mediation in Privacy Cases
The Right to Privacy is a cornerstone of modern law, ensuring individuals’ personal information is protected in an increasingly digital world. When privacy rights are breached—whether through unauthorized data sharing, intrusive surveillance, or other violations—the fallout can be profound. Litigation may seem like the default path to justice, but mediation offers an effective, confidential, and…
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Encouraging Early-stage Mediation: A Strategic Move for Litigators
In the world of legal practice, litigators often find themselves navigating a complex web of emotions, legal intricacies, and client expectations. Traditionally, the pursuit of litigation has been the default approach to resolving disputes, seen as the path to justice. However, in recent years, there has been a growing recognition of the benefits of early-stage…
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The Advantage of Early-Stage Mediation in Florida: A Strategic Approach
Therefore, litigators get to clear their heavy case load for cases which should proceed to trial, and clients that are able to settle have greater satisfaction with their results because they did not have the stress of the litigation process.
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Is AI Really Coming for Legal Profession Jobs?
I got a message from a friend the other day. “Looks like AI is headed for your job. Chat GPT passed the bar by 90%.” My immediate response was, “Of course it did! It is a computer program that has the entire internet at its disposal, and likely was programed with every passable answer to…
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Navigating the SAG-AFTRA and WGA Joint Strike: A Mediator’s Perspective
Hey there, fellow entertainment enthusiasts! As an attorney deeply involved in the entertainment industry and passionate about resolving disputes, I’ve been closely monitoring the ongoing joint strike by the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) and the Writers Guild of America (WGA). Let’s dive into the issues at hand…
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Your Questions About Mediation Answered by an Attorney/Mediator
Your Questions About Mediation Answered by an Attorney/Mediator
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Encouraging Early-Stage Mediation: A Strategic Move for Litigators
In the world of legal practice, litigators often find themselves navigating a complex web of emotions, legal intricacies, and client expectations. Traditionally, the pursuit of litigation has been the default approach to resolving disputes, seen as the path to justice. However, in recent years, there has been a growing recognition of the benefits of early-stage…
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THIS IS YOUR BRAIN; THIS IS YOUR BRAIN ON MEDIATION- BY A. NICOLE WEAVER-HANSEN, ESQ
More and more mediators are taking brain science into account when mediating cases. Why is this important? Many people believe they make decisions rationally but think again. Neuroscience has shown that humans actually instinctively make the majority of their decisions emotionally. This occurs even in a professional setting. Attorneys and their clients are no exception…
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APPLYING THE S.W.O.T. METHOD TO MEDIATION
The S.W.O.T. analysis is a popular technique utilized in various fields, including business, marketing, and project management, to evaluate the Strengths, Weaknesses, Opportunities, and Threats of a particular project, organization, or product. Recently, the technique has also been increasingly used in mediation to assist disputing parties to understand the potential outcomes of their negotiations. This…
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Active Listening in Mediation
As a mediator, I believe that the foundation of any successful resolution lies in active listening. This technique involves fully focusing on the speaker, understanding their perspective, and acknowledging their needs and feelings through attentive listening and effective communication. By using active listening techniques, I can build trust and respect with the parties involved and…
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Reframing in Mediation
Conflict resolution and mediation are integral components of any society, and the technique of reframing is central to the process of resolving conflicts and reaching amicable settlements. Reframing involves a change in the interpretation or perception of a situation and is aimed at helping conflicting parties identify common ground and attain mutually satisfactory outcomes. This…
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Attention Club Owners: Don’t Be Caught Without A Blanket License for Live Music
Nightclubs are entertainment spots that offer a fun environment for guests to take in music, dance, and mingle. However, nightclub proprietors must obtain a license from performance rights organizations (PRO) like ASCAP and BMI in order to lawfully play music at these places. As an entertainment lawyer, I want to underline how crucial it is to secure…
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Mediation in the Entertainment Industry: An Effective Alternative for Conflict Resolution
As practicing attorneys within the entertainment industry, it is not uncommon to encounter disputes arising from personal, financial, and creative interests. The fast-paced and dynamic nature of this industry only exacerbates the likelihood of these disputes. It is imperative to note that traditional forms of conflict resolution, such as litigation and arbitration, can prove to…
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Reducing Employee Turnover Using Mediation
With unemployment near historic lows, employees have the gift of choice these days. They’re able to leave unfulfilling jobs with the confidence that they’ll find a better one. While this is great news for employees, employers everywhere are wondering how to reduce employee turnover. 8.6 million people quit their job this year alone according to…