Twelve Kluger, Kaplan, Silverman, Katzen & Levine, P.L. Attorneys Named 2019 Florida Super Lawyers

Super Lawyers (002)Kluger Kaplan Silverman Katzen & Levine is excited to announce that 12 of the firm’s attorneys have been recognized as 2019 Super Lawyers by Florida Super Lawyers, which annually recognizes the top practicing attorneys in the state. The firm’s highly experienced attorneys specialize in business and corporate litigation, real estate litigation, securities and financial fraud, corporate governance, probate and estate, bankruptcy litigation and debtor and creditor’s rights, appeals in state and federal court, professional liability, intellectual property disputes, class actions and complex matrimonial litigation.

Super Lawyers selects attorneys using a patented, multi-phase selection process, according to the publication’s website. Peer nominations and evaluations are combined with third-party research. Each candidate is evaluated on 12 indicators of peer recognitions and professional achievement.

The following Kluger Kaplan attorneys were recognized as Florida Super Lawyers in the specified offices and areas of practice:

Erin E. Bohannon
Business Litigation, Estate & Trust Litigation, Class Action/Mass Torts, Class Action/Mass Torts, Appellate

Ryan G. Bollman
Business/Corporate, Estate & Trust Litigation

Marko F. Cerenko
Business Litigation, Real Estate, General Litigation

Deborah S. Chames
Family Law

Lindsay B. Haber
Family Law

Abbey L. Kaplan
Business Litigation, Intellectual Property Litigation, General Litigation

Bruce A. Katzen
Estate & Trust Litigation, Business Litigation, Securities Litigation

Alan J. Kluger
Business Litigation, Family Law, Professional Liability

Todd A. Levine
Business Litigation, Real Estate, Class Action/Mass Torts, Construction Litigation, Entertainment & Sports

Jason R. Marks
Family Law

Josh M. Rubens
Business Litigation, Estate & Trust Litigation

Steve I. Silverman
Business Litigation

 

Chambers USA 2019

Kluger Kaplan Chambers 2019 (2)

Kluger Kaplan Silverman Katzen & Levine is honored to announce that the firm has been recognized in the 2019 edition of Chambers USA, as among Florida’s best in the area of Commercial Litigation. In addition, two of its partners, Alan Kluger and Philippe Lieberman, were also recognized as leaders in the practice area.

Chambers USA is one of the most esteemed legal publications in the world. The guide annually ranks preeminence in key practice areas and achievements of law firms and lawyers throughout the country using Bands, which range from 1 through 6. Rankings are designated based on significant achievements in technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client.

 

Divorce and The Residency Requirement

By Lindsay B. Haber 

Screen Shot 2018-12-12 at 5.34.45 PMWhen you file for a divorce in Florida, either you or your spouse must have been a resident of this fine state for the last six (6) months. But why is this?

Well, Florida, just like many other states, has a compelling interest to avoid interference by another state that may have ties to either you or your spouse (and kids) or your assets and liabilities.

Take, for example, a Wife who wants to file for divorce. She and her husband live together in Virginia where they own a marital residence and her husband operates his own dental practice. This Wife tells her husband she wants a divorce on Monday, flies to her parents in Florida on Tuesday, and files for divorce in Florida on Wednesday. I think we can all agree that with this example Florida is not the state for this divorce. Unless and until this Wife truly creates her own residency in Florida, the Virginia Courts would be deemed the state to help this family through their dissolution of marriage.

So what would it take for this Wife in the example above to meet Florida’s six (6) month residency requirement? While Florida Courts will look to both law and fact to make this determination, here are a few examples of when Florida Courts have found the residency requirement met when living in Florida for six months:

A PARTY LIVED IN FLORIDA FOR SIX MONTHS AND:
  • Obtained a Florida License;
  • Obtained a Florida Voter registration card;
  • Registered a Florida Automobile tag;
  • Obtained employment in Florida;
  • Had utility bills in that person’s name;
  • Had minor children living with you and attending school in Florida; and/or
  • Claimed Homestead exemption.
Now, this list is just a sample and is not definitive of whether or not a Court will find that this Wife in the example above, or you for that matter, have met the residency requirement after six months in Florida. For more information regarding the Florida Residency Requirement or to address your family law matters, please contact Kluger Kaplan.

 

Daily Business Review Q&A With Distinguished Leaders: Tips, Tricks and Insights

By Catherine WilsonAbbey Kaplan

The Daily Business Review recognizes 17 Distinguished Leaders in the South Florida legal profession as part of the annual Professional Excellence Awards.

The attorneys were asked to respond to a series a questions exploring their personal takes on the profession, past and future.

The honorees will be recognized at a special event planned May 23 at the Rusty Pelican in Miami.

Abbey L. Kaplan

Title: Founding member

Firm: Kluger Kaplan

What is the one word people use to describe you? Honorable.

What is your favorite thing about being in the legal profession? Solving problems.

What could you do without in the legal profession? Lack of civility.

What is your No. 1 survival tip in a work crisis? Don’t sweat the small stuff.

What do you think you are better at than others? Finding common ground.

What advice do you have for aspiring legal professionals? The harder you work, the luckier you will be.

What has been the most significant change in the legal profession in the past 10 years? Electronic discovery.

Knowing what you know now, what would you tell your young self when you were graduating? Be grateful and patient.

What are you most proud of achieving in your career? The respect of my colleagues and the reputation of my law firm.

What’s your idea of an idyllic retirement, and are you going to pursue it? Continued involvement with the legal profession in some fashion and spending quality time with my family and friends. No question that I will pursue it!

Changes in the Fair Labor Standards Act

 By Michael Landen

Michael Landen (1)The number of wage and hour lawsuits has considerably increased in recent years, and unpaid overtime ranks high among the most combative issues. This March, the United States Department of Labor (DOL) announced a proposed rule that would make more than one million American workers eligible for overtime. The proposed change to the Fair Labor Standards Act (FLSA) increases the required yearly salary to maintain an exempt position from the current $24K per year to $35K per year, effective January 2020.

Unlike the previous proposal from the Obama administration in 2016, the current one does not establish automatic, periodic increases of the salary threshold over time. Instead, the proposal is asking for public comment on how the federal DOL may update the requirements every four years. The last time the salary threshold was increased was 2004.

If the proposal to raise the salary threshold is approved, it will likely lead to additional lawsuits. From an employer standpoint, this may create an additional hurdle in terms of having to deal with potential overtime issues. But, since the threshold hasn’t been raised in 15 years, it seems timely to review.

Employers who currently have exempt workers who earn more than $455 per week, but less than $679, yet match the duties requirements can comply with the new proposal by increasing the employee’s salary to the new established level, limiting hours so employees do not work overtime or reclassifying employees as non-exempt.

Regardless of the final DOL rule, employers must also take into consideration how the new proposal interacts with exemptions under state laws. While some states do not have overtime laws, others incorporate the FLSA as it stands, incorporate the FLSA overtime provisions, but with greater salary requirements or have their own exemptions and salary levels. Florida overtime laws essentially defer to the federal law and do not have any state specific exemptions.