Here is the latest Q&A with Alan Kluger:
Here is the latest Q&A with Alan Kluger:
When couples decide to get a divorce – particularly those with significant assets – the first question that usually comes to mind is whether or not the parties have a prenuptial agreement. A prenuptial agreement is a contract entered into by prospective spouses that lays out certain financial obligations and terms the parties will abide by during the marriage and in the event of divorce. Florida courts generally will enforce a prenuptial agreement provided it complies with Fla. Stat. § 61.079. Pursuant to subsection 61.079(7)(a), a prenuptial agreement is not enforceable when it was not entered into “voluntarily”, it “was the product of fraud, duress, coercion or overreaching”, or it was “unconscionable” at the time it was entered due to deficient financial disclosures.
Florida courts are reluctant to set aside prenuptial agreements. Public policy favors individuals ordering and deciding their own interests through contractual arrangements; however, this right is not entirely unrestricted. While there is a strong presumption that a carefully prepared and executed written instrument expresses the true intention of the parties, in Casto v. Casto, 508 So. 2d 330 (Fla. 1987), the Florida Supreme Court set out a test for when a marital agreement may be invalidated: Continue reading
Law360, New York (September 30, 2016, 9:54 AM EDT) — Abbey L. Kaplan is a seasoned trial lawyer known for taking on complex cases and crafting creative strategies for tackling the most complicated legal issues in commercial litigation and business tort cases.
A founding member of Kluger Kaplan Silverman Katzen & Levine PL in Miami, Kaplan has experience handling partnership and corporate breakups, real estate development disputes including banking and broker controversies, professional liability disputes, corporate finance issues, contract disputes and intellectual property. Kaplan has also dealt with white collar criminal issues in the civil litigation…
Finding a long-term care facility can be a stressful process. Among the issues to consider are not only the cost and quality of care, but what recourse you have if something goes wrong.
Until now, some long-term care facilities have included arbitration clauses in the contracts that residents and their families are required to sign when admitted. If a conflict arose, even regarding severe neglect, abuse or death, nursing-home residents or their loved ones were blocked from taking the facility to court.
But as of November 28, consumers will have that right. That’s when a new rule from the U.S. Department of Health and Human Services will bar pre-dispute arbitration clauses in nursing-home contracts.
It’s a decision that George Slover, senior policy counsel at Consumers Union, the policy and mobilization arm of Consumer Reports, calls “a tremendous advance in helping ensure effective protections for nursing home residents.”
Families and seniors don’t always think about the kind of recourse they might have if harm comes their way. They are often already at a stressful moment in their lives when they’re looking for a long-term facility, says Bruce Katzen, an attorney with the law firm Kluger, Kaplan, Silverman, Katzen & Levine who represents seniors in financial abuse cases. Some seniors move into nursing homes after an injury or illness, when scrutinizing a contract isn’t necessarily practical.
According to the Fantasy Sports Trade Association, 56.8 million Americans and Canadians participate in fantasy sports, of which 37.5 million are employed full time. Fantasy sports participants typically compete against each other for the league championship by selecting a team of players who earn points based on their real performance.As a result, employees are often thinking about and analyzing their fantasy team during the work week. With games virtually every day, participants must make sure their roster is set up for success, including monitoring players’ injuries, adding and dropping players each week, and negotiating trades. For companies managing employees this can mean increased distractions in the workplace and a drain on employee productivity.
But there is also a bright side to workplace fantasy football leagues.