Joseph Battaglia
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Freedom to Compete or Freedom to Flee? The Debate Over the FTC’s New Rule
Worker Wins, Employer Blues? The FTC’s Non-Compete Ban Explained. As a real estate lawyer, I don’t typically delve into the intricacies of employment law. But I do like to keep my readers informed and, let’s be honest, this is a pretty big deal. The Federal Trade Commission’s (FTC) recent landmark decision banning non-compete clauses for…
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The Truth About the McDonald’s Hot Coffee Case – 30 Years Later
What You’ve Heard is Probably Wrong. The McDonald’s “Hot Coffee” case is a legend in the world of legal cases. It has withstood the test of time, being propped up continuously as a culture symbol of frivolous lawsuits. However, the reality behind the McDonald’s Hot Coffee case is far more nuanced – and far less…
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Florida Gets Flexible: New Civil Rule 1.041 Allows Limited Appearances in Civil Court
Florida’s legal landscape just got a little more navigable for both clients and attorneys thanks to the implementation of Florida Rule of Civil Procedure 1.041. This brand new rule, effective April 1, 2024, allows attorneys to provide targeted legal assistance in specific aspects of a civil case. Prior to this change, Florida law operated under…
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Navigating the Sunshine State’s Property Taxes: Deadlines, Discounts, and Avoiding Foreclosure
Florida, with its beautiful weather and sandy beaches, attracts not only tourists but also residents seeking a permanent paradise. However, paradise comes with a price tag, and a significant portion of that tag is property taxes. As a Florida real estate attorney, I get many questions from clients about property taxes, especially regarding deadlines, discounts,…
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Alabama Federal Court Declares Corporate Transparency Act Unconstitutional
But the ruling is not applicable to all businesses On March 1, 2024, a significant development arose in the ongoing saga of the Corporate Transparency Act (CTA). In a landmark decision, the U.S. District Court for the Northern District of Alabama, in National Small Business United d/b/a National Small Business Association v. Yellen, No. 5:22-cv-01448-LCB…
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Estoppel Certificate & Other HOA Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…
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Behind Glass Eyes: A.I. Facial Recognition and the Evolved Horror of Eyewitness Error
The recent boom in the use of Artificial Intelligence models such as ChatGPT, Google Bard, and Microsoft Co-Pilot (and a future offering from Apple on the horizon) shows that society is increasingly willing to embrace and rely upon artificial intelligence to do a great number of tasks for us. Certainly, artificial intelligence can and does…
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New Federal Law Requires Disclosure of Beneficial Ownership Information of All Entities, Old and New
As of January 1, 2024, a significant change has impacted American businesses with the implementation of the federal Corporate Transparency Act (CTA). This law requires many businesses to disclose information about their beneficial owners, individuals who ultimately control or own 25% or more of the company’s interest. This is by the filing of a report…
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What’s in a Name? De-Thorning the Ambiguity of “Post-Office Address” in Florida Statutes § 695.26
As Shakespeare’s Juliet wisely declared, “What’s in a name?” Indeed, when it comes to love, a Montague by any other name would still possess the intoxicating allure of a summer rose. But in the realm of Florida real estate law, words in statutes matter. And usage of one word in lieu of another can have…
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Burnett v. National Association of Realtors – The 1.8 Billion Dollar Verdict That Could Reshape an Entire Industry
Yes… with a “B” On October 31, 2023, a federal jury in Missouri returned a verdict finding the National Association of Realtors (NAR) and several large brokerages liable for antitrust violations in a class-action lawsuit filed by home sellers. The case is Burnett et al v. The National Association of Realtors et al, U.S. District…