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Florida Bar Ethics Opinion Regarding Plea Waivers
As a member of the Florida Bar Professional Ethics Committee, we recently approved Opinion 12-1 which was recommended by the Board Review Committee on Professional Ethics and ultimately adopted by the Florida Bar Board of Governors. In short, the Committee held that adding a condition to plea bargains prohibiting a defendant from later raising a [...]
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Fictitious Names in Florida
What is a fictitious name? A fictitious name means any name under which a person transacts business in this state, other than his legal name. Business means any enterprise or venture in which a person sells, buys, exchanges, barters, deals, or represents the dealing in any thing or article of value, or renders services for [...]
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The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking
The United States Equal Employment Opportunity Commission has issued a question and answer sheet regarding how Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act may apply to an employee who experiences domestic or dating violence, sexual assault, or stalking. While not explicitly protected in the same way as [...]
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Non-Compete Agreements – Part II
6. What is considered a reasonable geographic scope? Reasonable geographic scope is often dependent on various other factors and their relationship to each other. Some of these factors are: geographic scope, time, nature of the restrictions, location of customers, and anything of value promised when making the agreement, all viewed in relationship to one another. [...]
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Non-Compete Agreements – Part I
1. What is a non-compete agreement? Non-compete agreements, also known as covenants not to compete, are simply contracts or provisions of contracts where one party agrees to refrain from conducting business similar to that of the other party. The general purpose of these agreements is to restrict the ability of employees who sign the agreement [...]
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