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February 27, 2010
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Estate Planning News

 

 

The Mere Violation Of A Technical Rule Has Often Been Deemed Sufficient For Legal Action And Recovery


Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, and high tax and regulatory burdens. Unfortunately, a certain litigation strategy threatens many companies in an environment ripe for abuse. California's Unfair Competition Law is unique in that it allows anyone to sue businesses for alleged unfair business practices, even if they have not directly incurred the alleged wrongdoing, and even if no one was actually harmed. The mere violation of a technical rule has often been deemed sufficient for legal action and recovery. For example, small nail salons are being targeted for using the same bottle of nail polish on more than one customer and a motorcycle shop was sued for abbreviating the words "on approved credit" (OAC) on a print ad. This shift from traditional tort law requirements, such as proving actual injury, has contributed to an atmosphere that is most appealing to practitioners of the art of shakedown. Some law firms threaten small businesses with suits unless they settle to avoid exorbitant fees and costs and limit risk of an unjust, arbitrary action. Many of the businesses targeted by these unfair competition suits or claims are small, minority owned businesses guilty, at most, of minor, technical, or administrative violations, often unknowingl

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Did You Know?    
 
 
Estate planning is a process to consider alternatives
Good estate planning is more than just a simple Will. Estate planning also typically minimizes potential taxes and fees, and sets up contingency planning to make sure your wishes regarding health care treatment are followed. On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event you became disabled or if you die.

 


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Latest news about Financial & Estate Planning in Orlando and nationwide:

Attorney General To Argue His First Case Before State Supreme Court
OLYMPIA - Attorney General Rob McKenna will personally present the state’s arguments next Tuesday in Madison v. State of Washington. It will be his...
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Proof Beyond A Reasonable Doubt
(1) Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a...
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Violation Of A Technical Rule
Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, a...
Read more >


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Estate Planning Terms

 


Today's Terms

Devise

Definition:
A gift made by a will or a trust. A devise is made to a beneficiary under the terms of the will or trust.

Fiduciary

Definition:
A person in whom one places great confidence in and upon whom one relies for his or her integrity, trust, and good faith. A fiduciary has the legal duty to act in the best interest and benefit of another and therefore is held to the very highest legal standards. A trustee is a fiduciary.

Incapacity / Incompetent

Definition:
Legally unable to manage one's own affairs due to mental disability. This may be temporary or permanent.

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Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Orlando Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Apopka
  • Boca Raton
  • Boynton Beach
  • Brandon
  • Clermont
  • Daytona Beach
  • Deltona
  • Dunedin
  • Fort Lauderdale
  • Gainesville
  • Hallandale
  • Hialeah
  • Hollywood
  • Jacksonville
  • Key West
  • Kissimmee
  • Lake Wales
  • Lake Worth
  • Lutz
  • Melbourne
  • Miami
  • Miami Beach
  • Middleburg
  • North Miami Beach
  • Opa Locka
  • Orange Park
  • Orlando
  • Ormond Beach
  • Oviedo
  • Palm Harbor
  • Panama City
  • Pensacola
  • Pompano Beach
  • Port Richey
  • Riverview
  • Tallahassee
  • Tampa
  • Valrico
  • West Palm Beach
  • Winter Park
  • Winter Springs
 


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