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In a Sept. 25, 2003, opinion, the Florida Supreme Court held that a claim under the Florida Uniform Fraudulent Transfer Act (FUFTA) does not need to be stayed until a judgment is obtained against the alleged fraudulent transferor. Friedman v. Heart Institute of Port St. Lucie, Inc., 2003 WL 22208004 (Fla. 2003).
Friedman was terminated as a physician by the Heart Institute of Port St. Lucie, Inc. (the “Heart Institute”). Subsequently, the Heart Institute commenced an action to enforce a noncompete clause in Friedman's contract with the Heart Institute. The Heart Institute later amended its complaint to include a claim under the FUFTA alleging that Friedman fraudulently transferred the proceeds from the sale of his home to his fiancee in an effort to divest himself of assets. Friedman moved to stay the FUFTA claim and its concomitant discovery until after a judgment was obtained in the underlying breach of contract claim.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.