Author Archives: Jay Butchko
South Florida Court Raises Questions for Foreclosure Defense Cases
A recent foreclosure defense case out of South Florida has many borrowers concerned. Specifically, in this case, although the borrowers ultimately won the case against the bank, they were not awarded attorneys’ fees. Below, we discuss some additional details of the case and decision, and also provide some guidance on how those of us… Read More »
Should Your Business Go Cashless? Our Attorneys Discuss Your Options
Many businesses have decided to go cashless and accept only card and digital payments of late. Just between 2010 and 2014, the share of transactions that did not involve cash grew by 20 percent. In addition, paying by credit or debit card was the preferred way to pay for 75 percent of consumers surveyed…. Read More »
Revisiting Your Estate Plan
The recently passed Tax Cuts and Jobs Act makes major changes to the individual estate, gift and GST tax exemptions, warranting revisiting your estate plan. However, even if your state does not follow federal estate law, there are many reasons to revisit estate planning and possibly make adjustments to your will and other important… Read More »
Sexual Misconduct Allegations in Businesses
The issue of sexual assault has dominated news headlines since the Harvey Weinstein scandal broke. Many do not realize to what extent this issue also affects business litigation, as highlighted by the recent gender discrimination litigation filed against Yale University. Specifically, in late January, three men sued Yale alleging that the university’s sexual-misconduct committee… Read More »
Unfair and Deceptive Trade Practices: What the Federal Trade Commission Act Requires
The subject of unfair and deceptive trade practices in business litigation has been in the news of late, especially when it comes to discussions over Bitcoin and supposed claims made to customers about the availability and profitability of the digital currency. Americans spend billions every year, all based on sales linked to labels and… Read More »
Net Neutrality Litigation Begins
The concept of net neutrality covers many areas of the law, from business litigation and transactions, to consumer fraud and protection. In a nutshell, the concept is used described the principle that all internet service providers should have equal access to content and applications regardless of the source and without any favoritism or blocking… Read More »
$5 Million Foreclosure Settlement against Bank of America Finalized
Bank of America is once again in hot water when it comes to improper foreclosure-related practices: The banking giant reached a $5 million settlement with the federal government during the first week of January. The settlement covers various False Claims Act allegations brought by several individuals; a case which the federal government intervened in…. Read More »
Age Discrimination: A Looming Business Litigation Threat
It might surprise you to find out that age discrimination is one of the riskiest, costliest subjects of business litigation today. It can not only threaten a business, but it can also negatively affect other employees and their productivity. Below, we discuss some major guidelines to ensure that this is not a legal problem… Read More »
Performing the Duties of Executor of an Estate
Being the executor (also known in Florida as the personal representative) of an estate is no easy task. Some people may only do so once or twice in their lives—usually for their parent’s estate and/or perhaps their spouse—thus, it isn’t the kind of role where one can gain practice and become good at it…. Read More »
Foreclosure Defense Case Could Have Major Implications for Homeowners
A major case to recently come out of the Maine Supreme Court could have implications for foreclosure defense cases all over the country: In September, the Maine Supreme Court ruled that the mortgage company was barred from bringing another foreclosure lawsuit against the homeowners after the lower court dismissed the lawsuit. The ruling is… Read More »