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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.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.