Treating Children of Divorce: The Legal Do’s and Don’ts for Pediatricians

Thousands of families experience the stress of divorce each year. While parents who are in the midst of a separation should put aside their differences for their child’s wellbeing, there are those that will misuse their child’s pediatrician to exclude the other parent from-decision making – potentially placing the physician in the middle of the dispute.

Screen Shot 2018-12-12 at 5.34.45 PMCommonly, parents and guardians will ask their child’s doctor to send a letter to the other parent or to a lawyer amid complex divorces. Doctors are often uneducated on how to properly help parents in such a conflict, including communication protocols, setting rules about what will be discussed in front of the child, and how to keep records for legal cases.

Last month, Kluger Kaplan’s Lindsay Haber spoke at the American Academy of Pediatrics (AAP) Convention during the education session, Children of Divorce: Helping Children and Families Manage the Challenges, leading the discussion about the legal perspective of treating children with divorced parents. This particular issue is multifaceted because there is not a one size fits all solution. Cases deliberated were approached first from a medical perspective and then followed by the legal perspective, as Lindsay educated pediatricians about their role in common problems that arise.

She advised the group to not overstep boundaries and to preserve neutrality by not recommending lawyers to their patients. She also left the pediatricians with practice changes they may consider with future patients including:

* Creating family assessment intake forms to be filled out yearly to learn about changes to custody, living arrangements, or decision making,

* Becoming familiar with divorce education programs, divorce mediation professionals, or support groups in the area,

* Screening children who have experienced divorce for depression and anxiety, and

* Discussing the impact of divorce on all family members during well-child visits.

It’s vital doctors establish with parents and guardians that they are unable to take sides, keep secrets or be a go-between. It just as important that doctors also avoid offering to call and repeat visit details to the parent not in attendance. The child needs equal access to both parents as do the child’s doctors unless circumstances advocate otherwise, and parents need to develop strong co-parenting strategies for the child to be provided with proper medical care.

Daily Business Review: Real Estate Agent Loses Job After Video Shows Her Mocking Gillum Supporters in Election Protest

Kluger Kaplan’s Michael Landen provides employment law insights in today’s Daily Business Review. 

Michael Landen_226 greyA United Realty Group Inc. real estate agent demonstrating with protesters calling for the firing of the Broward election supervisor is out of a job following a high-profile Twitter video.

Liliana Albarino-Olinick was fired Saturday as an independent contractor with Plantation-based United Realty after videos surfaced of her mocking and berating supporters of Democratic gubernatorial candidate Andrew Gillum.

Employment law attorneys said United Realty acted within its rights as an employer dealing with fallout from tight Florida elections that triggered automatic recounts in three statewide races, including Gillum’s run for governor…

Michael Landen, a partner at Kluger, Kaplan, Silverman, Katzen & Levine in Miami, said there’s no reason United Realty couldn’t sever its relationship with the Olinicks since they were independent contractors.

Private employers dealing with contractors have the right to say, “You know what, we are not going to do business with that company. We don’t like what they stand for.”

Click here to read the full article.

Law office by day, art gallery by night

Visiting Kluger Kaplan’s Miami office overlooking Biscayne Bay feels like you stumbled upon a secret upscale art gallery more than a characteristic law office.

After hours the space transforms into an art gallery and welcomes non-profits and businesses who make a charitable contribution at the firm, for an intimate cocktail hour and art tour. All proceeds are donated to the charity’s organization.

Founding partner, Alan Kluger, and his wife, retired Miami-Dade Circuit Judge, Amy Dean, have been collecting artwork for more than 30 years. Kluger hand-picked from his private collection and moved several pieces into the office.

This past month, Kluger Kaplan hosted The Tribe, a group of Jewish young professionals looking to grow both personally and professionally in various leadership capacities.

The group received a personal guided tour from Alan, who showcased his latest collection featuring artists from countries throughout the world. Each piece reflects Kluger’s desire for understanding other cultures.

With Art Basel approaching, below are some pictures from The Tribe’s recent tour and a preview of some of the notable pieces that adorn the walls of Kluger Kaplan.

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The piece titled “Vision in Green” by Haitian-born painter and sculptor Edouard Duval-Carrie, represents how the Haitian population was decimated after the European conquistadors brought plague ad disease to the land.

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Alan Kluger’s passion for art is evident as he tells the story behind his latest collection.

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The piece titled “Hoy” was created by Douglas Arguelle Cruz, an artist who lives and works in Miami, Florida, originally from Havana, Cuba.

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Alan Kluger pictured with The Tribe during their visit.

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Cuban American artist Jorge Pantoja is known for his series of drawings, that have been called visual haikus. This piece titled “Perfectionist” demonstrates his use of intimate scale and meditative strokes.

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Los Carpinteros is a Cuban artist founded in Havana in 1992 by Marco Antonio, Castillo Valdes, Dagoberto Rodriguez Sanchez, and Alexandre Arrechea. In their work, the artists incorporate aspects of architecture, design and sculpture such as this piece titled “Downtown Verde.”

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This piece titled “Rapsodia en Azul” was created by Gonzalo Cienfuegos. Gonzalo was born in Santiago, Chile in 1949, and has exhibited in various countries including Argentina, Mexico, Peru, Uruguay, Spain, France and the United States.

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Members of The Tribe socializing after their personalized art tour, lead by Alan Kluger.

 

 

Best Lawyers, U.S. News & World Reports Ranks Kluger Kaplan Among Best Law Firms in 2019 Edition

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Best Lawyers and U.S. News & World Report have once again recognized Kluger, Kaplan, Silverman, Katzen & Levine for its professionalism and integrity as a “Best Law Firm” for 2019.

Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. It also honors firms who have made their mark on the legal profession and deliver high-quality legal services. Kluger Kaplan was ranked nationally in three practice areas and regionally in eight practice areas.

Below are the practice areas for which Kluger Kaplan was named a “Best Law Firm”:

National Tier 2

* Litigation- Mergers & Acquisitions

* Litigation- Real Estate

National Tier 3

* Commercial Litigation

Regional Tier 1

Miami

* Commercial Litigation

* Family Law

* Litigation- Real Estate

Minneapolis

* Eminent Domain and Condemnation Law

Regional Tier 2

Miami

* Litigation- Mergers & Acquisitions

Regional Tier 3

Miami

* Entertainment Law- Motion Pictures & Television

* Litigation- Banking & Finance

* Securities/Capital Markets Law

The Best Lawyers- U.S. News & World Report “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and assessment of additional information provided by law firms as part of the formal submission process.

For full details on our rankings, please visit Best Law Firms 2019.

Daily Business Review: Margaritaville Brand Fight Over Rights in Bahamas

The Daily Business Review shares the details about Kluger Kaplan’s Todd Levine’s latest intellectual property case.  

Margaritaville Brand Fight Over Rights in Bahamas

October 20, 2018

Restaurant operator Boss Investments claims the Margaritaville company is breaking a licensing agreement by allowing a different developer to use the name in the Bahamas for a resort.

Margaritaville — both a name and a laidback feel at tourist venues from New York to Costa Rica derived from Jimmy Buffett’s 1977 hit song — is accused of breaching an agreement for the exclusive use of the trademark in the Bahamas.

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Boss Investments Ltd. claims it has the exclusive rights to develop and run venues under the Margaritaville trademark, which includes the name, Buffett images and song lyrics, and associated merchandise under a 2014 agreement.

Boss opened a restaurant, store and bar with live entertainment on Paradise Island, but its plans and partnership with Margaritaville went awry when it wanted to open a second, similar venue.

Boss said Palm Beach-based Margaritaville Holdings LLC; its intellectual property licensor, Margaritaville Enterprises LLC; and the IP sublicensor that signed the Bahamas trademark agreement with Boss, Margaritaville of Bahamas LLC, didn’t hold up their end of the deal.

Instead, they awarded a Margaritaville trademark for the development of another tourist destination on Paradise Island — a $250 million, 150-room resort on 6 acres with a spa, luxury condominiums, an 800-space garage, marina, restaurant and water park, according to Boss’ lawsuit filed Friday in Palm Beach Circuit Court.

Boss sued all three Margaritaville LLCs as well as Margaritaville Development president James Wiseman.

Margaritaville declined comment through a spokeswoman.

Boss said the new Bahamian resort will rise two miles from its existing venue and Margaritaville has discouraged Boss from moving ahead with a second venue at a promising location.

Boss, which opened its first restaurant in the Bahamas in 2015, has the right to open a second Bahamas venue within five years after the first location was open for a year, according to the complaint.

After Boss met with a Margaritaville representative in spring 2017 to show a prospective second location at the Port of Nassau, a busy cruise ship port, Wiseman called Boss to suggest a ” ‘slow play’ moving forward with the proposed location … because Margaritaville had ‘something better in that area for Boss,’ ” the lawsuit alleges.

This turned out to be a stalling tactic so Margaritaville could license its trademark to the resort developer, Boss’s attorneys, Todd Levine and Adam Steinberg, argue in the complaint.

Levine is a founding member and partner at Kluger, Kaplan, Silverman, Katzen & Levine in Miami, and Steinberg is a partner with The Law Offices of Adam J. Steinberg in Fort Lauderdale.

Wiseman and Boss representatives had a good working relationship, and Boss believed Wiseman was going to help with a second location, according to the complaint…

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