Featured Blog:
The Importance of Corporate Governance
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Investopedia defines Corporate Governance as “the system of rules, practices, and processes by which a firm is directed and controlled”. Getting a little further into the weeds, the Harvard Business Review identifies two long-standing descriptions of what a corporation is, that define how it should be run.
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Watch Regina M. Campbell, Esq.’s Telemundo Interview on the Laura Bozzo Case
#EnCasaConTelemundo #LauraBozzo #DelitoFiscal
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NEW Upcoming Podcast Episode
Tune in on Sept. 8, 2021, at 11 AM EST to listen to our managing attorney explain non-compete agreements in the Biden age.
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How-to Series: How to Create Effective Company Policies
Attorney Regina M. Campbell of The Campbell Law Group, PA discusses important considerations for your policies, such as federal or industry regulations which may affect your company.
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How-to Series: How to Determine What Type of Alimony You Need?
Attorney Regina Campbell, of The Campbell Law Group, PA., discusses the 4 types of alimony in Florida: Bridge the Gap Alimony, Rehabilitative Alimony, Durational Alimony, and Permanent Alimony.
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The Benefit Of A Special Magistrate In Complex And Contentious Litigation Cases
A Special Magistrate, which is also known as a Special Master, though the term has been official abandoned in Florida, is a private judge that is appointed by agreement of the parties to make rulings on some or all of the parties’ case, subject to the Court’s oversight if required by law.
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Joint Employer Rule-News/Update- The DOL under the Biden Administration Rescinded the New Joint Employer Rule enacted under the Trump Administration. The Trump Rule ends September 27, 2021, and the Prior Rule goes back into effect on September 28, 2021.
The U.S. Department of Labor (DOL) rescinded the Trump Administration’s Final Rule of narrowing the definition of a joint employer under the Fair Labor Standards Act. There is a consensus among attorneys and organizations in the industry that the rescission will make it easier for an employer to be determined to be a joint employer and therefore liable under the Fair Labor Standard Act under the prior rule.
Under the rescinded rule, some of the factors in which the DOL observe when determining whether an employer is a joint employer or not, include, but were not limited to whether a company has the authority to hire or fire employees, the degree of supervision and control over the employee’s work schedule and terms of employment, the amount and payment method of the employee and whether the employer maintains employee records for that employee. The rescinded rule also provided specifically laid out factors that would not weigh into the DOL’s analysis such as whether there is a franchise business model, providing sample employee handbooks under the franchise model, offering or co participating in health or retirement plans with another employer, requiring a partner to establish certain min. employee policies, particularly those which require the adoption of lawful policies to address issues such as min. wage and workplace policies.
The DOL concluded that the withdrawal of the rule was necessary for various reasons. One of the reasons noted was that the withdrawn rule failed to account for prior issued department guidelines and "specifically excluded any consideration of the employee's economic dependence on the potential joint employer." The DOL also specifically noted as one of its basis for withdrawing the rule that the U.S. District Court for the Southern District of New York vacated most of the withdrawn rule in 2020 and "Because it conflicted with established precedent in the circuits, the [rescinded] rule presented employers with the difficult choice of conducting their business in a manner consistent with circuit precedent or with the rule” and that would prove to be particularly difficult for employers as no circuit had adopted the rescinded rule yet.
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NEW Upcoming Podcast Episode:
Tune in on Sept. 8, 2021, at 11 AM EST to listen to our managing attorney explain non-compete agreements in the Biden age.
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Last Podcast:
On August 9, 2021, our Managing Partner, Regina Campbell, Esq., released The Legal Zone’s new episode: “Outlining Parenting Rights, Timesharing, and Parenting Plans”. This episode covers the basic elements of what every person needs to know about parental rights, timesharing, and parenting plans.
Florida courts take a number of factors into consideration when determining how time and responsibility should be shared between two households. While custody disputes used to entail lengthy arguments over which party deserved to have the child more, based on their personal actions during and after the relationship-the primary focus of custody decisions is now centered around the best interests of the child, not necessarily the rights of the parent. When determining the best interests of a child a court may consider factors such as:
- Fitness of the parents
- Character and reputation of the parties
- Desire of the natural parents and any agreements between them
- Potential for maintaining natural family relations
- Preference of the child, when a child is of sufficient age/capacity to form a rational judgment
- Material opportunities affecting the future life of the child
- Age/health/sex of the child
- Residences of the parents and opportunity for visitation
If you were not able to tune into the podcast last week, do not worry! You can view the full episode here or listen here.
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Appearance on Array Digital’s “The Managing Partners Podcast”
Our managing partner, Regina Campbell, made a guest appearance on Array Digital’s “The Managing Partners Podcast” on June 3, 2021. Array Digital is an award-winning digital marketing agency based out of Hampton Roads, Virginia, focused on providing highly targeted online marketing and advertising to its clients.
In this episode of their podcast, Regina and Kevin Daisey dove into a variety of topics ranging from business development and entrepreneurship to legal issues involving complex business litigation. If you did not get a chance to tune in, make sure to watch it here!
Instagram Live with Omar Gutierrez
Regina Campbell collaborated with Omar Gutierrez as a part of his Attorney Law Edition series. They discussed legal topics ranging from tortious interference, religious and civil law marriages both in the United States and abroad, corporate and family law issues, factors to consider when hiring a corporate lawyer, and issues about business partners and shareholders. Watch it here!
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Coral Gables, FL 33134
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