Ali Awad, Esq., MBA

New legal requirement for LLCs and Corps: FinCen BOI report #boifiling #boireport #boicompliance #boireporting #fincen #beneficialownership #howtofileboi #llcbusiness #llc #llctips #llcbusinessowner #businesstips #businesslawyer #businesshelp #legalcompliance #smallbusiness #smallbusinessowner #smallbiz

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Read the full article in Wolters Kluwer's #Labor & #EmploymentLaw Daily: https://lnkd.in/gyans5Uu

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Attention Appellate Lawyers. You know about "expressed and direct conflict jurisdiction," and how it can be a vehicle for the Florida Supreme Court to accept a case under its discretionary review authority, right? Of course you do. But what about "misapplication jurisdiction"? 🤔 Is it a thing? Does discretionary jurisdiction lie when a district court’s decision relies "on an inapplicable case or appl[ies] precedent to different facts"? Stated differently, can the FSC accept a case "when a [district] court relies on a decision that involves a situation materially at variance with the one under review”? The answer used to be yes. 🛑 But not anymore. 🛑 In Askew v. DCF, issued yesterday, the Court held that "'misapplication jurisdiction' is beyond the scope of our conflict jurisdiction under article V, section 3(b)(3) of the Florida Constitution. The Court explained that "m]isplaced reliance on a prior decision does not mean that the two decisions will always 'directly' conflict or reach different holdings based on 'the same question of law.'" (Quoting art. V, § 3(b)(3), Fla. Const.) The decision was 7-0, but Justice Labarga concurred only in the result. The opinion deserves a read because it is the latest pronouncement by the Court on expressed and direct conflict jurisdiction, which as most lawyers know, is a very difficult standard to meet. In sum, "[e]xpress and direct conflict is a strict standard that requires either the announcement of a conflicting rule of law or the application of a rule of law in a manner that results in a conflicting outcome despite substantially the same controlling facts." (Internal quotations marks and citation omitted). And the Court does "not have jurisdiction to review a case without first finding that it directly and expressly conflicts with another decision." Govern yourselves according. 😃

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Litigators: Are you considering a motion to disqualify a Florida trial judge? Do you need assistance with challenging an order denying your motion? Check out my article in the Broward County Bar Association's Barrister magazine: If You Come at the King You Best Not Miss. I provide a comprehensive analysis of what Florida rule 2.330 (disqualification of trial judges) requires and explain what litigators should do to improve the chances that a motion to DQ will be granted. I also discuss appellate review from the denial of a motion. Questions? Need assistance with your motion or petition for a writ of prohibition? Contact me at rscavone@floridaappeals.com. #litigators #lawyers #attorneys

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Attention litigators in #Florida, #Georgia and #Alabama: The Eleventh Circuit has clarified what a #trial court can rely on when deciding a motion to dismiss, finding the incorporation-by-reference doctrine covers documents central to a plaintiff's claims and undisputed as to their authenticity. The ruling should create more upfront transparency into the true facts of a dispute and could make motions to dismiss a more powerful tool for #lawyers. Read this #litigation alert to learn more: https://bit.ly/3WBGaPn Phil Rothschild | Kate Joffe

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At HHP Law Group, we stand ready to support anyone in #SouthCarolina navigating a #personalinjury case. Our commitment is simple: understand their stories, advocate for their #rights, and secure the outcomes they deserve. Learn more about us here: https://bit.ly/3cQhNX6

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🚨 In a unanimous opinion the Florida Supreme Court today held in Ripple v. CBS Corp, "that a spouse who married the decedent after the injury can recover damages as a 'surviving spouse' under section 768.21(2)." This holding settles an inter-district conflict between the 4th and 5th DCAs. "'[S]urviving spouse' under section 768.21(2) is a spouse at the time of the decedent’s death because the ordinary meaning of 'surviving spouse' is a spouse who outlives the other spouse." "[U]nder the Act, the surviving spouse does not pursue a distinct cause of action based on loss of consortium. Instead, the Act contemplates a standalone wrongful death claim in which, under section 768.21(2), the surviving spouse may recover damages 'for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.'"

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This program lines up expert panels that hone in on the essential drafting and litigation issues for both types of POAs. You receive valuable and up-to-date annotated POA precedents so you can apply your knowledge to the files on your desk right now. #LSOCPD

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On June 27, 2024, the United States Court of Appeals for the Fourth Circuit affirmed a Maryland district court judgment that confirmed arbitral awards issued in favor of Seiden Law’s client, the Estate of Ke Zhengguang. The case has been discussed on Law360 and Bloomberg Law; articles on the case can be found in the link after the jump. The underlying arbitration concerned a complex dispute related to real property in mainland China, which culminated in an arbitration before the Hong Kong International Arbitration Centre (HKIAC).   Between 2018 and 2020, the HKIAC issued a series of awards.  The Estate filed a petition to confirm the awards in a Maryland district court against one of the arbitral respondents, Stephany Yu, who lives in Maryland.  In January 2023, the district court confirmed the awards and issued a $4 million judgment in favor of the Estate. The Fourth Circuit’s unanimous twenty-three-page decision addresses important questions related to the enforcement of international arbitral awards in the United States, including the availability of a forum non conveniens defense under the New York Convention, and whether arbitral awards that are denominated in a foreign currency can be converted into US dollar judgments.  The Fourth Circuit held that a forum non conveniens defense was inapplicable under the facts of this case, even if such a defense is available under the Convention. The Fourth Circuit also held that it was reasonable for the district court to enter judgment in US dollars, notwithstanding that the arbitral panel’s merits award was denominated in Chinese Renminbi (RMB). Seiden Law partner and litigation chair Amiad Kushner argued the appeal. Senior counsel Jennifer Blecher and Senior Associate Xintong Zhang were on the brief. Paralegal Lily Dempsey provided invaluable assistance. https://lnkd.in/eNQPgVax https://lnkd.in/eFD4zniu

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Drunk driving costs far too many lives each year. People convicted of DUI or DWI may face severe consequences. The DUI & DWI Law Center in Justia Legal Guides explains the basics of the law in this area. #DUI #JustiaLegalResources #JustiaForAll

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If you’re a member of The Florida Bar who practices criminal law, save this link — bit.ly/CrimLaw_CLE — to go directly to the InReach catalog of criminal law online seminars (on-demand) and downloadable audio. You'll find online programs that are available 24/7 so you can watch or listen at your convenience. Here are some of the excellent Criminal Law programs that recently have been added: • Masters of DUI 2024 (14 CLE, 1 Technology; 14 Criminal Appellate; 14 Criminal Trial) • Inside the Florida Legislature (4.5 CLE, 1 of which may be applied toward Ethics; 4.5 Criminal Appellate; 4.5 Criminal Trial) • Criminal Law Update 2023 (7.5 CLE; 7.5 Juvenile Law ; 1 Technology CLE; 7.5 Criminal Appellate; 7.5 Criminal Trial; 1 Immigration & Nationality; 1 Mental Health and Wellness)

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