Enforceability of Prenuptial Agreements in Florida

By Ashley P. Frankel

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

Rainmaker Q&A: Kluger Kaplan’s Abbey Kaplan

Law360Law360, 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.

akaplanA 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…

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Moving Into a Nursing Home? You Will Soon Have More Rights

consumer-reportsBy Aimee Picchi

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.”

bruce-katzenFamilies 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.

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Fantasy leagues, office pools: legalities employers need to consider

Miami Herald title

The popularity of fantasy sports have not only greatly impacted fans’ involvement in their favorite leagues, but can impact their performance in the workplace.

9th Circ. Ruling May Stall Uber Driver Classification Suits

Law360By Linda Chiem

Law360, New York (September 9, 2016, 6:02 PM ET) — The Ninth Circuit’s ruling that ex-Uber drivers suing the company over background checks must fight it out in individual arbitration, not the courts, deals a body blow to a host of high-profile wage-and-hour class actions where drivers are accusing the ride-hailing giant of misclassifying them as independent contractors, experts say.

The three-judge panel’s much-anticipated Sept. 7 decision largely affirming the validity of Uber Technologies Inc.’s arbitration provisions applies to just two proposed class actions from ex-drivers who claimed that Uber performed background checks without their authorization…. Michael 3“Uber not having to deal with these cases on a class basis is beneficial to them, but it’s likely to potentially dissuade some of these plaintiffs from moving forward and certain attorneys from taking these cases,” said Michael Landen, a partner at Kluger Kaplan Silverman Katzen & Levine PL who specializes in labor and employment litigation. “Uber is this giant and now you have lawyers that will have to decide if they want to dip their toe in the water when there’s not nearly as much upside.”

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