Commercial Litigation Attorneys Can Be a Valuable Asset to Your Company

Commercial Litigation is growing in popularity. According to a recent survey, 30% of all recent hiring by law firms and corporate legal departments is within this specialty area. With the rapid increase in this field, the supply of commercial litigation attorneys cannot keep up with the demand.

 

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So why are commercial litigation attorneys such a valuable asset? For starters, they are focused on protecting business interests, and that is key for many companies. Commercial litigation attorneys may be asked to provide counsel on a new contract, a compliance matter, a patent dispute, an executive hire, a merger or acquisition, and much more. Because these attorneys cover everything related to business law, business managers have a lot less to worry about. If they hire a commercial litigation attorney, then they have one person that can focus on and address all major issues concerning business law.

 

When disputes do arise, a commercial litigation attorney can help determine the best course of action for a business. They may recommend cost-effective strategies for resolving disputes, or decide if a matter should be taken to court.

If you own a business or corporation, consider hiring a commercial litigation attorney to keep track of your business matters. Whether you want to hire an attorney as an issue arises, on a contract basis, or as an ongoing position, commercial litigation attorneys can be a valuable asset to your business. If you’re interested in speaking with some of the highly experienced commercial litigation attorneys at KFB, contact us today! Call (305) 929-8500 for our Miami office or (850) 391-5060 for our Tallahassee office.

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A New Florida Law will Reduce the Number of Crash-Related Lawsuits
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A new law in Florida seeks to reduce the number of crash-related lawsuits and to lower insurance rates. This law requires that insurance companies reduce personal injury protection (PIP) premiums at least 10 percent, and later 25 percent.

This law bars massage therapists and acupuncturists from treating patients under PIP by making it so that only people diagnosed with an “emergency medical condition” will be eligible for the full $10,000 PIP benefit, and only certified doctors and physicians will be authorized to make the determination. While medical professionals can still treat accident victims, they will be expected to perform the necessary treatments for $2,500 or less, limiting the services provided.

The law also seeks to reduce the number of PIP claims that end up in court, but it could create new areas of litigation as well since most lawsuits are filed because doctors disagree with insurance companies on how much they are owed. Once the law goes into effect, we should see adjustments being made by insurance companies.

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Shadow a KFB Attorney with Nova's Shark Shadow Program
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    The Nova Southeastern University Shark Shadow Program is an opportunity for Nova Students to explore their interests in the workplace and to gain exposure and experience in the professional work environment. This program allows students to shadow NSU Levan Ambassadors Board Members. After joining, shadowers will gain the knowledge and skills necessary for success in the workplace.

    Shadowers at Kurkin Forehand Brandes Law will have the opportunity to truly experience a law firm by learning the ins and outs of how it operates. Shadowers will closely work with one of our lawyers and assist them as needed. This experience will prove to be extremely beneficial to those looking to someday work with legal proceedings.

    If you or someone you know is a current student at NSU and would like to participate in The NSU Shark Shadow Program as a shadower at Kurkin Forehand Brandes Law, contact Career Development to learn more at (954) 262-2701. You may also contact us (305) 929-8500 for our Miami office or (850) 391-5060 for our Tallahassee office.


 

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Environmental Law and the Management of our Natural Resources

Today is World Environment Day, the leading global environmental holiday. The main goal of World Environment Day is to raise awareness about pertinent environmental issues and the way that human activities impact the environment. In honor of World Environment Day, we’d like to examine some ways that law and regulations can be altered to better protect and utilize the environment.

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When considering environmental laws, typically the first thing that comes to mind is the Environmental Protection Agency, and major laws such as the Clean Air Act, the Endangered Species Act, and the Safe Drinking Water Act. However, environmental laws can be found in every different category of law, from global treaties to private real estate regulations. When it comes to protecting the environment minor, little-known laws can be just as vital as major Acts.

 

In the field of Real Estate Law, for example, several new factors must now be considered to enable the most pragmatic and beneficial uses for limited resources. Property owners are now seeking out means of obtaining their own natural resources and energy, whether by collecting water in rain barrels or harnessing energy from solar panels. As these new practices arise, new laws must be put in to place to regulate them.

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For instance, if one building has solar panels, and neighboring building is obstructing the panels and thus rendering them unable to efficiently collect sunlight, something must be done. However, property law has traditionally focused on entitlements to tangible resources and has therefore been slow to recognize the rights to sunlight and clean air.

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A new property right in the form of a negative easement might help to regulate access to these resources. Reconceiving the property tax as a tool for regulating these resources and protecting the environment would also be highly advantageous. In many instances, a few minor changes to property regulations would save money, reduce greenhouse gas emissions, and help preserve our natural resources. Hopefully, these new modifications to real estate law will occur in the near future.

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Source: Climate Change and Property Ownership https://works.bepress.com/greg-sergienko/2/

Kala Marketing Group
Converting Your Florida Business To a Corporation May Not Be a Good Move

Many Florida Business owners have considered upgrading their business to a C corporation. This move would provide a new, reduced 21% tax rate. This seems like a much better alternative than the tax rates that pass-through entity businesses currently face, which can reach as high as 37% under the new tax law. However, a closer look reveals that, despite initial impressions, converting to a C corporation might not be a smart move.

 

For starters, there is a double tax on C corporations. The 21% tax rate is initially applied to the profits, but an addition tax comes into play after the profits are distributed. This is taxed to shareholders at a 23.8% rate. For shareholders in the top tax bracket, the combined rate can reach as high as 39.8%, which is slightly higher than the largest tax rate on a pass-through entity, about 37%.

 

In addition to this high combined tax rate, C corporations in Florida are also subject to state income tax of 5% on profits, which is applied on top of the current tax rate. On the contrary, some pass-through entities can qualify for a 20% deduction in tax rate. Because of these additional tax rates and possible tax reductions, many business owners find it much more economically beneficial to remain as pass-through entities rather than converting to a C corporation.

Effects of a Business Acquisition on Employee Morale

Business mergers and acquisitions can have significant effects on the employees of each company.

In each workplace, there is an established atmosphere. Employees may be used to a certain setting or mood during their workday, and disruptions in the workplace ambiance may cause stress.


When one business acquires another, they may bring their own style of management and conduct. Employees of the acquired business will have to go through an adjustment period to get used to the shift in structure. If this shift is not handled efficiently, it can lead to conflict.

If your business is experiencing a merger or acquisition, it is important to make sure that this new, combined business is reorganized quickly and efficiently. New standards and regulations must be set in place, and each employee must be made aware of what is expected of them, or whether or not their job will be secure.  In this process, communication is key.

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If the merger is not handled efficiently, it could result in employee stress. Stressed employees are not as productive and may not remain loyal to the company.

To prevent stress, be sure to communicate all changes and expectations openly. It is also important to listen to how the employees feel and to make necessary adjustments to appease all sides.

In order to ensure that your merger or acquisition is smooth and worry-free, it is important to reach out to an attorney from the start of the process.

Here at KFB-Law, several of our attorneys are highly experienced in Business Acquisition Law.

 

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Firm Opens New Office; Broward and Miami Offices Move to Aventura, Fla.

Kurkin Forehand Brandes is pleased to announce the opening of a new office in Aventura, Fla. Centrally located between Broward and Miami-Dade counties, the new office will better serve the needs of Miami- and Broward-area clients.

All of the firm’s previous phone extensions will remain the same and the main number will continue to be (305) 929-8500.

New Miami Office Address:
Kurkin Forehand Brandes LLP
18851 N.E. 29th Avenue, Suite 303
Aventura, FL 33180-2808

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John Mock
Blinderman and Kuhl Join Kurkin Forehand Brandes
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Blinderman concentrates his practice on personal injury litigation. He brings 20 years of experience as a trial attorney, including more than 15 years of experience in personal injury protection (PIP) litigation representing both plaintiffs and insurance carriers during his career. He has also been plaintiffs’ co-counsel on several high-profile class action lawsuits against large corporations such as Wal-Mart, Netflix, Shell Oil and Celebrity Cruises.

Kuhl concentrates his practice on motor vehicle dealer and auto industry law. With more than 20 years of legal experience, Kuhl frequently speaks to dealers, dealer groups, state dealer associations and other industry associations. He recently co-authored a report entitled “Understanding the Bush Administration’s Auto Bailout,” published by Aspatore Books. Kuhl has appeared on CNN Headline News’s Comcast Newsmakers South Florida and has been a frequent guest on AdAgencyOnline.net’s blog talk radio station – WAAOL, All Automotive Advertising News All The Time.

“Craig and Lewis are wonderful additions for Kurkin Forehand Brandes,” said managing partner Alex Kurkin. “They bring valuable skills and a wealth of experience in personal injury protection and auto dealership law that will have a very positive impact for the firm and our clients.”

Blinderman was most recently an attorney at Rosenburg & Rosenburg, P.A. In 1991, he earned his law degree from Thomas M. Cooley Law School in Lansing, Mich. and was admitted to the Florida Bar. Blinderman handles high-level cases involving both the prosecution and insurance defense of bodily injury claims, personal injury protection (PIP) claims, personal injury pre-litigation and workers’ compensation litigation. A renowned expert on attorney’s fees relating to PIP litigation, he regularly testifies before the courts in South Fla. on these matters.

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Kuhl was most recently an attorney at Pathman Lewis, LLP. He earned a bachelor’s degree from Eastern Kentucky University and a law degree from Northern Kentucky University, Salmon P. Chase College of Law. He is a member of the Kentucky Bar Association, The Florida Bar, the American Bar Association, the National Association of Dealer Counsel, the Florida Auto Dealers Association, the Florida Independent Auto Dealers Association and the National Independent Auto Dealers Association.

John Mock
John Forehand Joins South Motors; Firm Renamed Kurkin Brandes LLP
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Kurkin Forehand Brandes has changed its name to Kurkin Brandes as it congratulates John W. Forehand, who has left the firm after recently accepting a position at the Vista/South Motors Dealer Group.

The firm’s Tallahassee office remains open as the firm continues to represent businesses statewide.

“Our experienced group of attorneys will continue to deliver the highest level of excellence to our clients in all of our practice areas,” said Alex Kurkin. “Beyond that, John and I were friends prior to becoming business partners and we truly remain friends today, and I expect that we will continue to work together; although now in an attorney-client relationship.”

Kurkin Brandes, LLP, focuses on contract law, election law, franchise law, automobile dealer law, real estate law, business acquisitions, regulatory compliance, government disputes and commercial litigation. Its partners represent the Florida Automobile Dealers Association and regularly conduct compliance seminars for organization members. A new firm website is currently under construction at kb-attorneys.com, in the meantime visit kfb-law.com or call (305) 929-8500 for more information on Kurkin Brandes.

John Mock