
An article recently featured in TIME magazine highlights why it is so important for couples to address certain issues in pre-and post-nuptial agreements, including pet custody issues, in order to avoid expensive, lengthy court battles later on. The article highlights just how important pets are becoming to us and how one individual spent close to $40,000 in legal fees fighting for custody over dogs in their divorce because the custody issue was not addressed in a prenuptial agreement.
Pets are becoming just as important as children for more and more people each day. In fact, according to a survey by the American Veterinary Medical Association, 80 percent of pet owners view their pets as family members. More and more pets are also adopted rather than purchased and described as mixed breeds, indicating that their value comes from something other than what they cost. In fact, of the more than 1,000 millennial pet owners surveyed in 2018, almost 70 percent indicated they would actually take work leave to care for a new pet if possible, and 60 percent of men and 80 percent of women considered their pets to be their “fur babies.”
Pets as Property: Where The Court Battles Originate
Because in most states pets are still considered property, where there is a custody dispute, judges tend to assign responsibility based on who adopted or purchased a pet, or, if this cannot be ascertained, whoever paid for the pet’s care over the years. However, some couples decide that if two pets have bonded during the relationship, they should be kept together and, as a result, one person will have primary custody and the other one will have visitation rights, etc. Still, if this is not recorded in a prenuptial agreement, it is subject to one person suddenly deciding to cancel the arrangement, which then can result in a court battle. This is becoming more and more common, especially as more and more people consider pets to be like children and will therefore sometimes come to feel that the other individual is not properly taken care of the pets. As a result, pet custody disputes after divorce are becoming more and more common, and they can become complicated because courts and divorce laws fail to recognize that pets are not equivalent to other property items.
While some states are working on making progress to change the law on the issue, unfortunately, Florida does not yet have laws that treat pets as family members. With courts ill-prepared to adjudicate these battles, and unarmed with the right laws, these disputes can drag on for years and cost plenty as a result; that is, unless a pre- or postnuptial agreement specifically addresses who will have custody/visitation/etc. when it comes to the pet(s) in the instance of divorce.
The Key Is Addressing This Early On: Contact Our Florida Prenuptial Agreement Attorneys
There is no question that pets are more than property. They have awareness, emotions, sentience, and inherent value that distinguishes them from property. However, the law drags behind the science and the reality of our lives in this regard, and until divorce laws and the courts are more prepared to address pet issues in every divorce, it is essential that pet owners come to an agreement either before they are married (prenuptial) or after (postnuptial) in order to avoid expensive court battles later on.
Our Tampa family attorneys are prepared to help you avoid a volatile situation when it comes to family court matters, including assisting you in planning for everything that is important to you in a pre- and/or postnuptial agreement. Contact us today at HD Law Partners to find out more about our services.
Resource:
time.com/5763775/pet-custody-divorce-laws-dogs/

An important landlord and tenant case decided in December could have an effect on landlords around the country. The court specifically held that landlords can be held liable under the Fair Housing Act if they fail to reasonably address tenant race discrimination from other tenants. This is the first time the law has been expanded beyond direct action by landlords and allowed for landlords to be held liable for actions committed by third parties.
The case involved a tenant who allegedly experienced egregious discriminatory harassment from his next-door neighbor, who remained a tenant in the building even after he was arrested by police for aggravated harassment and a protective order was entered against him.
What The Fair Housing Act Says
The Fair Housing Act prohibits discrimination “by direct providers of housing,” such as landlords and real estate companies, as well as those in connection with the housing, such as banks and lending institutions, if/where discriminatory practices make housing unavailable to someone due to:
- Disability;
- Familial status;
- National origin;
- Race/color;
- Religion; or
- Sex.
The Act has traditionally been utilized by the Department of Justice in cases involving discrimination in home improvement or mortgage loans, or where a group of individuals has had their rights denied and it raises issues of general concern. In addition, individuals who feel that they have been victims of an illegal housing practice can file a complaint with the Department of Housing and Urban Development or in court.
Can Commercial Landlords Now Be Sued for Failing to Kick Out Commercial Tenants That Harass Nearby Commercial Tenants?
To what extent this could be applied to commercial landlords who, for example, are faced with the prospect of whether they should rent to someone who has a protection order entered against them by a party near the space for harassment reasons unconnected to race discrimination remains to be determined. The circumstances of the case involved the Fair Housing Act’s specific prohibition against racial discrimination in the rental of a dwelling. However, the majority did liken landlords taking action for littering on the premises with the need to take action to address tenant-on-tenant harassment complaints, which implies a broad reading of the statute.
Still, with existing privacy laws in place, many wonder what the landlord could have done, exactly, to halt the offending behavior. In addition, a number of landlords might be concerned that the individual allegedly engaging in harassment could sue them for discrimination and violating their rights for evicting them, especially if the concerning behavior that is the subject of complaints from neighbors only involves speech.
If You Have Questions, Get in Touch with Our Florida Landlord/Tenant Attorneys
If you have a question about a landlord/tenant legal issue, contact our experienced Tampa commercial landlord and tenant attorneys at HD Law Partners. Consulting an experienced attorney when a dispute arises can help prevent litigation like this.
Resource:
courthousenews.com/harassed-tenant-gets-ok-to-hold-landlord-liable/
Getting Through the Holidays After Divorce

As attorneys who help countless clients prepare for and get through divorce here in Florida, we also frequently counsel our clients on general suggestions for getting through their first holiday after divorce. A number of parents are especially concerned about where to draw the line between preserving old traditions while making new ones with their children at the same time.
Experts of all types of backgrounds have offered their advice when it comes to coping after divorce, especially during your first holiday. It is a predominant theme amongst each of these experts that parents consulting their children on what their preferences in terms of new versus old traditions tends to work well for getting through this time and finding a new, happy balance. Below, we discuss some additional tips from experts on how to make the most of your holiday after divorce:
Focusing On Your Children & Building New Traditions
Many people find that focusing on their children is very helpful at this time. By focusing on making their holidays bright and cheerful, this may just come back to brighten your holiday as well. By discussing what they’d like to do this holiday season, many people find that engaging in new traditions with their children is very helpful; for example, getting and decorating a fake tree together instead of going out and cutting down a tree. Also keep in mind that new traditions don’t just involve your children; they can involve cooking new dishes for the holiday, visiting friends and family you have not seen in some time, etc.
People & Activities That Make You Happy
Indeed, surrounding oneself with people and/or activities that make one happy is very important during the holidays can be especially rewarding. Do not be afraid to be proactive and plan ahead when it comes to social events. Regardless of what you consider to be a rewarding activity, prioritize yourself and self-care during this time.
Setting Your Own Boundaries
While engaging in discussions with your family and friends about what everyone wants to do is important, do not be afraid to set your own boundaries as well. This includes any gatherings you are too uncomfortable with, extended family you do and do not want to see, what traditions you would personally like to participate in, etc.
Valuable Ways to Spend Your Time
Many find that, if they now split their children’s time with their ex, that they have more time on their hands during the season. While this may at first be daunting, it can also provide more time for relaxation and less hectic holiday activities. In addition, some people find that starting to volunteer with an organization and helping those in need during the holidays can be especially rewarding.
Work with Experienced Florida Divorce Attorneys
There is no question that giving yourself time and space when it comes to your divorce and getting through the holidays is helpful. If you have any questions about obtaining a divorce here in Florida, contact our compassionate, professional Tampa family attorneys at HD Law Partners today to find out how we can help.
Resource:
meetmindful.com/10-tips-for-surviving-the-holidays-after-a-divorce/
Registering A Business Trademark

As attorneys who regularly assist clients here in Florida with trademark disputes, we also help to counsel clients on registering a business trademark. A business’ trademark is essential in identifying its “brand” and protecting its goods and services, both in terms of another company using that brand and all of the various legal implications that can accompany this issue. A brand may also be associated with very valuable intellectual property that needs to be protected. Registering your trademark provides you with exclusive legal rights and protects others from copying it, and once your trademark is registered, it does not expire. Having a trademark attorney assist you is crucial in ensuring that this is done correctly and in accordance with the law.
What Is a Trademark?
As defined by the United States Patent and Trademark Office, trademarks are words, symbols, phrases, designs, or all of the above that identifies the source and distinguishes it from others. Note, however, that the name of a business is not necessarily the trademark, and may not be registerable. Trademarks are often used to refer to both goods and services even though, technically, a service mark protects services.
Timing & Process
Timing is also very important when it comes to trademarks. They should be registered as soon as possible, and the process can take between six months to a year or more, however, businesses should not invest a lot of time and money into a brand until they have consulted an attorney who can assist them with researching what is already registered. Your attorney can assist you in choosing a name that is unique enough to avoid being imitated but also provides the consumer with enough of a descriptor to know what it is exactly that you are selling.
The Application Process
Once you have your trademark, you and your attorney file an application with the United States Patent and Trademark Office. In order to do so, you will need to gather important, relevant business information. Note that different components are registered under different marks, for example, logos as design marks, slogans as word marks, etc. Therefore, if you are filing for the protection of your business, slogan, logo, etc., you will have three separate applications—one design and two word mark applications.
Each type of application has its benefits and the initial review can take between one and three months. These include:
- Teas Plus: Requires the most information;
- Teas Reduced Fee: Does not require as much information and allows you to customize your descriptions;
- Teas Regular: Requires the least amount of information and is the most expensive.
Contact Our Florida Business & Commercial Litigation Attorneys with Any Questions
If you have any questions about trademarks, contact our Sarasota commercial litigation attorneys at HD Law Partners today to find out how we can help.
Resource:
businessnewsdaily.com/15358-register-business-trademark.html
In December, McDonald’s Corp. won a major battle in a multiyear legal battle with labor unions concerning alleged corporate labor violations at its many franchise restaurants. The ruling absolves the company of any direct responsibility as a joint employer when it comes to contracted labor, indicating that, without strong evidence that companies directly control the workers, they cannot be held liable for any labor violations that the franchise is involved in. According to the agency judge on record, this was the “largest case ever adjudicated in the history of the National Labor Relations Board.”

The Case & Differing Opinions
Labor unions started filing charges related to unfair labor practices against the company in 2012, claiming that it retaliated against employees for participating in union activities, including protests and strikes. Their argument in the case was that the national company shares control over workers in the franchise restaurants, and should therefore share in the liability.
McDonald’s locations are reportedly 90 percent operated by franchisees. However, the company has reported that it cannot mandate that these franchise operators follow the company’s policies when it comes to issues such as sensitivity training or sexual harassment; that, instead, they are responsible for their own employees.
The decision is being hailed as an important milestone for the franchise sector in general. Still, the union plaintiffs have indicated that they plan to appeal. At first, the current settlement amount was rejected by the Administrative Law Judge Esposito as inadequate. Specifically, Judge Esposito indicated that any proposal would have to mandate that McDonald’s ensured that its franchisees followed through on the terms of the settlement. However, upon McDonald’s appeal to the labor board, the board ruling overturned that decision and approved it, finding that Judge Esposito had held the proposed settlement to overly-strict standards. Had the case been further litigated, it likely would have affected the franchise business model in general by placing parent corporations on the hook for labor law violations committed by their franchisees.
Will The Board Now Go Further?
According to some reports, the board is expected to go further, and based a proposed rule on this decision in defining what a joint employer is. Under the standard established by the previous administration, a parent company can be considered a joint employer with a franchisee if they exercise indirect control over workers employed by the franchisee. The board is now expected to narrow that definition to only those parent companies that have significant, direct control over employees of the franchise.
Contact Our Florida Business & Corporate Law Attorneys Today
At HD Law Partners, our Tampa business and corporate attorneys possess the legal knowledge and experience necessary to prevent litigation when it comes to day to day operations for businesses, including labor relations. Contact us today to find out more.
Resource:
insurancejournal.com/news/national/2019/12/13/551147.htm
nytimes.com/2019/12/12/business/economy/mcdonalds-labor-board-settlement.html
cnn.com/2019/12/13/business/nlrb-mcdonalds-joint-employer/index.html

As noted recently by the president of the Florida Association of Public Insurance Adjusters in the Sun Sentinel, the level of frustration currently felt by Florida policyholders is greater today than ever due to the number of hurricane insurance claims that are either egregiously delayed or denied. Indeed, this is frequently found to be in violation of the insurance company’s contract with its client, who is essentially paying for a ‘promise’ each month—a promise that the company will pay out, timely, for a loss in exchange for the client paying their insurance premium each month.
However, insurance companies have been doing such a poor job when it comes to their basic responsibilities that a recent statement made by the state’s top insurance regulator regarding insurance companies paying claims within 90 days, as required by law, has a number of parties concerned, especially the Florida Association of Public Insurance Adjusters. In reality, according to data provided by the actual insurers, more than 100,000 Floridians are still waiting for claims from Hurricane Irma, Matthew, and Michael to be paid.
The Lingering Damage of Hurricane Michael
One year after Hurricane Michael wreaked havoc on Florida’s Panhandle, with businesses and homes pummeled into piles of rubble, more than $7 billion in insurance losses have been reported to the state Office of Insurance Regulation and 150,000 insurance claims filed; just due to Hurricane Michael alone. Most of the claims still open come from Bay County, which was hardest hit by Michael, and almost 20 percent of all Michael-related insurance claims still remain open there.
Under the law here in Florida, insurance companies are supposed to pay claims within 90 days of the claim being made, however, the law also provides them with months to provide an estimate. However, things have gotten so bad to date that the Florida Insurance Regulation Commissioner had to remind insurance companies of the thousands of claims that were still open, and that they not only needed to comply with the law, but to “facilitate restoration and recovery in impacted communities” here.
Why You Should Contact an Experienced Florida Insurance Claim Attorney
When policyholders face a low-balled claim payment, insurance claim attorneys are the professionals who help. This is especially important given that Florida law requires that public insurance adjusters obtain approval from their clients prior to settling any claims, and you want to make sure that your claim settlement isn’t still being low-balled by the insurance company. It is also important because insurance companies are working hard to eliminate existing laws that dictate that they must pay your attorney’s fees if you have to sue them to get paid what you are owed, even though that is your right.
The Fort Myers hurricane insurance attorneys at HD Law Partners are dedicated to making sure that big insurance companies keep their promises of dealing in good faith with their insured clients. Contact us today to find out more about our services.
Resource:
sun-sentinel.com/opinion/commentary/fl-op-com-drillich-insurance-policyholders-storms-20191027-ns6gvzv63fcprh275qpzq3c4oe-story.html
floir.com/siteDocuments/OIR-19-04M.pdf
wfla.com/news/florida/more-than-20000-insurance-claims-linger-one-year-after-hurricane-michael/

Most business owners choose to initially choose to form as a sole proprietorship because it costs less and there is less bureaucracy. However, many also switch to either a C corporation or a limited liability company (LLC) at some point in order to benefit from additional protections.
While we have previously discussed the advantages of having an S corporation, we have not specifically discussed why small businesses may want to initially form as an S corporation, which provides a number of unique benefits, especially to startup companies. Below we discuss the characteristics and benefits of each classification:
C Corporations
C corporations provide the most protection from liability for both shareholders and business owners because they allow the businesses to exist as separate entities. Because the C corporation is a legally separate entity, any legal repercussions have no bearing on the individual owner(s)’ personal assets. It also offers a significant amount of flexibility when it comes to buying and selling stock shares, offering employees stock options, and allowing for an unlimited number of shareholders; amongst other benefits. While dividends are taxable as income, business expenses, employee benefits, and retirement plan expenses are tax deductible to the company. C corporations can be costly due to a number of filing fees that must be paid, and the steps to form a C corporation can also be elaborate. Specifically, the following is required:
- Corporate bylaws;
- Articles of Incorporation (filed with the state);
- Employee Identification Numbers or Tax ID Numbers; and
- A Board of Directors, which the owners regularly meet with and where minutes are kept of meetings.
Limited Liability Companies
The limited liability company (LLC) is another popular business structure. An LLC also provides the owner(s) with protection from liability and is responsible for its own finances. It also involves very little paperwork to set up, a Board of Directors is not required, the owners make the decisions (after filing the Articles of Organization with the state), and an Employee Identification Number is still required.
Perhaps most importantly, when it comes to an LLC, there are choices as to how the owners want to be taxed. The LLC is what is known as a pass-through entity, which is similar to a sole proprietorship or partnership. Members can decide to have the company taxed as a C corporation or they can have profits and losses passed through to them and claimed on their personal tax returns.
S Corporations
Another option is the S corporation. S corporations retain the same liability protection of the C corporation and LLC, however, they are not taxed at the corporate level because they are subject to pass-through taxation. S corporations also provide income-splitting benefits for the owner(s): Owner(s) can take a reduced salary and taking the remainder in the form of dividends, which are not subject to self-employment tax, only income tax. That being said, S Corporation status is not necessarily beneficial to companies with high earnings, and there are limits as to the number of shareholders they can have. However, when it comes to small businesses and startups, losses can be written off on clients’ personal tax returns, which can provide significant benefits.
In order to qualify for S corporate status,
- The business has to be an LLC or United States corporation;
- Every shareholder must consent to it being an S corporation;
- Every shareholder must be a citizen or permanent resident alien;
- The company is limited to 100 shareholders or less;
- The company can only have one class of stock; and
- Shareholders must be certain qualified trusts, estates, or individuals.
Contact Our Florida Business & Corporate Law Attorneys to Find Out More
In general, it is usually recommended that businesses start as LLC is because the structure is so simple and flexible. As the company grows, shifting to S corporation status usually makes more sense. It is typically easiest to simply elect to file your LLC is an S corporation, while noting that you can always refer back to an LLC.
For more information on business and corporate law—including business formation—contact our experienced Tampa business & corporate attorneys at HD Law Partners today.
Resource:
Taking A Close Look at Joint Custody in Florida

When it comes to child custody, the general ‘trend’ today is to encourage joint custody, which allows a child to share the same or close to the same amount of time with both parents, and includes both legal (decision-making) and physical (where the child spends their time) custody. According to extensive studies, children who spend at least 35 percent of their time with each parent – where a developmentally-healthy, safe, secure environment is provided – are not only more likely to have a better relationship with that parent, but also tend to do better academically and otherwise. Studies also indicate that child in single and/or fatherless homes are more prone to homelessness (90 percent), dropping out of school (71 percent), and teen suicide (63 percent).
That being said, one-size-fits-all is, of course, never the case when it comes to child custody decisions; meaning that of course there are circumstances under which it does not make sense, for example, if there is a history of domestic violence or other illegal activities with one parent, or if the child has special needs and/or otherwise finds it debilitating to go between two households for other reasons, such as anxiety.
Florida Scores a C+
In addition, according to new research, a number of states do not exactly make it easy for children to spend equal time with both parents, and unfortunately, Florida was amongst them: While the state has strong statutory presumption of shared parental responsibility, and the law requires courts to consider a number of factors in this regard (including the “friendly parent factor,” which looks at efforts a parent makes to maintain a functional relationship with the other parent in the best interests of the child), the laws and presumption of shared responsibility do not address the issue of physical custody, nor do they explicitly provide for shared parenting during temporary orders. According to the report, the state of Florida earned a C+ grade as a result.
Contact Our Florida Family Law Attorneys
Family court issues are amongst the most important – as well as volatile – issues that can face both families and the courts. Of course, your interest is what is best for your child and your family. Working with an experienced, dedicated family law attorney can make all the difference in the world.
At HD Law Partners, our Tampa family attorneys have worked with countless individuals and families on child custody issues, and we understand how they can impact your life and the lives of those you love. With over 40 years combined experience here in Florida, we are prepared to provide you with the compassionate advice and representation that you need. Contact us today to find out more.
Resource:
usnews.com/news/best-states/articles/2019-09-18/report-states-lack-laws-to-support-equal-shared-parenting

We’ve all had or heard our fair share of horror stories when it comes to landlord-tenant issues: renters who failed to pay rent, applicants who claimed they were discriminated against, people who claimed that they were injured on the property, etc. As a commercial landlord, there are several basic steps that you want to take before you rent to any tenants, and as attorneys who regularly help landlords with commercial leases, eviction proceedings, and other legal issues that come up, we emphasize taking these initial steps with our landlord clients, and discuss them below.
Getting Educated
Read up on the different issues that landlords encounter and how to minimize risk, including the good, the bad, and the ugly. This includes the full gamut of issues: how to screen potential tenants, your rights as a landlord, etc. Also try to speak with experienced landlords and learn from their mistakes, for example, the pros and cons of renting to friends.
Also get as familiar as you can with the rental laws in your state in order to thoroughly understand both your responsibilities and those of your tenants. In Florida, the Fair Housing Act protects tenants and prohibits landlords from doing certain things, such as creating unfair rules in a lease agreement, retaliate against tenants who exercise fair housing rights, discriminate based on any protected characteristics of tenants, such as disabilities. However, there are no limits on collecting a security deposit.
Build Up an Emergency Fund
There will be things that suddenly go wrong in rental situations, such as the water heater that needs replacing, or the roof that needs repairing, etc. In general, we suggest that landlords keep a fund of at least $10,000 on hand so that they can quickly respond to any emergencies, tenants are safe, and you do not miss out on any rental income.
Screening Tenants
Properly screening tenants is one of the most important steps in setting yourself up for a successful rental situation. Even before paying a company to run an official background check, some landlords find it helpful to have applicants fill out a questionnaire. This can sometimes help weed out people who may have a criminal history, a history of past evictions, or even those who may decide not to fill out the questionnaire at all.
Changing Your Insurance Coverage
Not only will your homeowner’s insurance likely change in terms of no longer needing coverage for possessions inside the dwelling, but it would be wise to get an umbrella insurance policy because being a landlord increases your risk and you want to make sure you have the right coverage to help you recover from any potential disaster.
Contact Our Florida Commercial Landlord & Tenant Attorneys
If you have questions about any commercial landlord and tenant issues, we can help. Contact our Tampa commercial landlord & tenant attorneys at HD Law Partners today to find out more.
Resource:
businessinsider.com/steps-i-had-to-take-before-renting-out-my-first-home
When Commercial Tenants Fail to Pay Rent
As commercial landlord and tenant attorneys, we frequently have clients approach us asking about how to handle a commercial eviction proceeding for tenants who have failed to pay rent. Commercial property lawyers can be especially helpful in not only helping you draft the right commercial lease before your tenants move in so that you have adequate safeguards in place in the face of a worst-case scenario, but also in helping to advise you on what your rights are, as well as managing irresponsible tenants, if that worst-case scenario occurs.
Landlords have to be careful when it comes to evicting commercial tenants because, if it is not done in accordance with what procedures the law dictates, you can get into significant trouble. Below, we describe some steps you can take – ideally with the assistance of a commercial landlord attorney – to address the issue of tenants not paying rent:
Carefully Draft & Check Your Documents
The documents that you set up with your tenants are one of the most important aspects of your rental (or lease) agreement with them, as well as the safeguard you have to ensure that you are protected. Therefore, you not only want to invest time and resources into making sure that document says what you want and addresses issues that may come up—such as what happens to those tenants if you need to move into or sell the property—you also want to spend some time rechecking those documents and records before you take formal steps to evict these tenants. This is because, where specific terms are not spelled out in the agreement, state-mandated terms apply. While Florida law does not mandate that landlords provide tenants with any grace period within which their rent can be late (even though some states do), it is common for landlords to offer a five-to-seven-day grace period after it is due.
The same thing goes for late fees: Florida law does not attach any requirements when it comes to late fees—they must simply be reasonable—still, the landlord should include what that late fee is in the lease agreement if they want to collect it. In addition, keep in mind that a late fee is still technically a lease violation, and therefore, you have the right as a landlord to take action as long as you have those documents in place.
Contact Our Florida Commercial Landlord & Tenant Attorneys
Some landlords also find that taking a ‘soft’ approach if this is the first time that tenants are late or missed a payment by simply reaching out and speaking to them to find out what is going on. If there is no response after taking this action, and having them end their lease early is not an option for one or both parties, working with an attorney to serve a formal eviction notice may make more sense.
Regardless of where you are with the rental process, working with an experienced attorney is advisable, even if you aren’t directly managing your property yourself. We see a number of clients each year that are frustrated and feel taken advantage of by property management companies that create unfair contracts and can even financially burden the property owner with their company and contractor fees. Contact our Tampa commercial landlord & tenant lawyers at HD Law Partners—we can help prevent and address these issues.
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