Blogs

What is International Law?

This is often a question I am asked. There are many aspects to international law. For example, environmental law is a facet of international law. There are Treaties and agreements such as the Paris Agreement under the United Nations Framework Convention on Climate Change, the Vienna Convention for Protection of the Ozone Layer, and the Basel Convention on Transboundary Movement of Hazardous...

Criminal Law in the Maritime Context

Pursuant to Fla. Stat. Ann. § 910.006(3), Florida courts are granted special maritime criminal jurisdiction under any of the following circumstances: When a suspect on board a ship is a Florida citizen or resident; A suspect on board a ship is a resident of a state which consents to Florida jurisdiction;A ship’s official or an official from the ship’s flag state places a suspect on board...

Cyber Security Law

Cyber-security law encompasses many businesses. Companies that maintain customer credit card numbers, Social Security numbers, or medical information that should remain private and not exposed to third parties are all at risk for cyber security claims. In recent years, massive amounts of customer data, such as credit card numbers being attacked, have increased. Companies that expose customers’...

Longshore & Harbor Workers’ Compensation Act (LHWCA) Case Update

In Expeditors and Production Service Company, Inc. v. Director, OWCP (Garrick Spain), No. 18-60895 (5th Cir. Nov. 4, 2019), the United States Court of Appeals for the Fifth Circuit affirmed the lower administrative rulings finding that an employee injured in his living quarters was covered under the Longshore & Harbor Workers’ Compensation Act (LHWCA). The employee, Mr. Spain, was employed...

Yacht Sale Tax Considerations

Perfunctory questions to be asked in a yacht sale is whether the yacht is eligible for sale in the US, and what states sales or use tax will be implicated by a sale. Foreign-built yachts brought into the US for sale or charter must pay a 1.5% customs duty. An exception is if the foreign-flagged yacht is brought into the US for personal use, which in that case, a cruising license can be obtained...

Property Insurance- Hurricanes, Tropical Storms, and Coverage

With the hurricane season in full swing, some homeowners and property owners may not understand all the components in their property insurance policy. An insurer issuing a residential property insurance policy must provide the option for hurricane or windstorm coverage and additionally, an option for the policyholder to clearly exclude that coverage. As for insurable interests and subject...

Pain and Suffering Damages in Florida

In many initial conversations with a case, many clients ask the question, “Well what about my pain and suffering or emotional distress…I have anxiety, loss of sleep, etc., because of all this.” Although unfortunate, these non-economic damages are not always as easy and available as many people think. In the personal injury context, if tortfeasor liability has been established (the...

What does your Sea Tow Contract Say?

So you finally paid the $179 and got yourself the gold membership for Sea Tow for your recreational boat. Remember, your membership is activated within 24 hours from receipt of payment. The membership provides towing coverage for your boat (if registered or owned by you), regardless of who is operating the covered vessel when (I would say the word “if” but any boater knows the word...

Uninsured Motorist Coverage in Florida

Florida requires every motorist on its roads to carry automobile insurance with a minimum of $10,000 for personal injury protection (PIP) and $10,000 for property damage protection. However, Florida does not require motorists to have underinsured or uninsured motorist coverage. Yet, if an insured (non-negligent motorist) obtains uninsured motorist coverage, it permits the insured with the...

Will vs. Trust in Florida

I am often times asked whether a will or trust is appropriate for one's estate planning needs. For various reasons, many people believe that a trust is always the way to go. However, that is not always the case. Here are some considerations to weigh when deciding between a will and trust. Additionally, it is important to note that trust will have a will that pours into the trust so that all...