May 31, 2024 | Daily Business Review
Consider Setoff and Apportionment When Evaluating Partial Settlements of Construction DisputesIt is a beautiful building. State of the art in every way. LEED Platinum too! The certificate of occupancy is in hand, and operations are underway. Six months later a door-sized piece of stucco falls off the 10th floor, creating a life-safety hazard. Outside counsel is retained and everyone is put on notice.
By Jason Domark and Janet Rayo
5 minute read
November 21, 2022 | Daily Business Review
Estate Planning Gone Afoul—What Is Needed to Raise the Presumption of Undue Influence?One consolation to a family after the passing of a loved one is to honor his or her wishes. But what happens when those wishes have been unduly influenced and altered based on the frail state of your loved one? Does Florida law provide a remedy?
By Jason Domark and Janet Rayo
4 minute read
April 06, 2021 | Daily Business Review
Playing Nice in the Sandbox: Tips for Counsel and Co-Trustees in Trust LitigationIt is important for co-trustees and their counsel to work together—while zealously representing each party's respective interests. Counsel and the co-trustees should avoid duplications of efforts when possible, and independently stay informed of the proceedings.
By Jason Domark and Matthew Sackel
6 minute read
April 15, 2019 | Daily Business Review
Key Takeaways From the Buzz Aldrin Family DisputeBuzz Aldrin recently settled a lawsuit with two of his children and his former business manager. The complaint, filed in Florida state court, alleged that the defendants assumed access to Aldrin's personal credit cards, bank accounts, trust money, space memorabilia and other property.
By Jason Domark, Charles C. Kline and Reid Kline
6 minute read
July 30, 2018 | Daily Business Review
Turning the Plaintiff Against Itself Using the Wrongful Conduct Rule“A lot of money can be made if you're willing to trip over a few penal statutes along the way.” That is how one court described a plaintiff's actions in the context of the wrongful conduct rule.
By Jason Domark, Charles C. Kline and Reid Kline
1 minute read
April 18, 2018 | Daily Business Review
How Accounting Claims Can Be Game-Changers in International LitigationImagine that your client invested in a foreign partnership, and the “partner” ran off with the funds. Or maybe your client relied on the wrong offshore wealth adviser, or placed funds with the wrong trust company.
By Jason Domark, Charles C. Kline and Reid Kline
4 minute read
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