Articles & Publications

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The contents of these articles are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.

The articles on this site are the property of Ruden McClosky or its licensors. Reproduction, distribution, republication and retransmission of material contained within our web site is prohibited unless the prior permission of Ruden McClosky has been obtained. Copyright © 2004 Ruden McClosky Smith Schuster & Russell, PA. All rights reserved.

HEALTH LAW

FLORIDA ENACTS MEDICAL MALPRACTICE LEGISLATION

HEALTH LAW
Health Law Advisory Fall 2003

CONTRACTUAL JOINT VENTURES NOW UNDER THE OIG MICROSCOPE

HEALTH LAW
Stephen H. Siegel
Profiles in Medicine

Miscellaneous

Consumer Credit Collection

How to Avoid Debt Elimination Schemes
Louis Ursini
Bay Area Business Magazine
February 1, 2008

“Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel’s aggressive international attempts to protect its Barbie copyright and trademark”: 39 University of Miami Inter-American Law Review, 559 (2008)

Elizabeth L. Somerstein
2008

DON'T LET UNPLANNED OCCURRENCES RAIN ON YOUR PARADE

Norman J. Silber
Corporate Law Advisory Summer 2007

INSURING AN EMPLOYEE'S LIFE COULD NOW ENSURE AN INCOME TAX LIABILITY

Carolyn M. Kershner
Corporate Law Advisory Summer 2007

SEVERANCE PACKAGE - EMPLOYEE BENEFITS PLAN: WHY YOUR COMPANY'S SEVERANCE PLAN MAY CONSTITUTE A BENEFIT PLAN, AND WHY YOU SHOULD CARE

Corporate Law Advisory Summer 2007

The SEC Announces Small Company Initiatives

Robert C. Brighton
Corporate Law Advisory Summer 2007

U.S. SUPREME COURT ESTABLISHES NEW STANDARD FOR EMPLOYER LIABILITY FOR RETALIATION CLAIMS

Corporate Law Advisory Summer 2007

The Patent Troll Threat in The Wake Of Ebay, Inc. V. MercExchange, LLC

Matthew S. Nelles
South Florida Legal Guide, 2007

'PRIVATE' CONDEMNATION FOR ASSEMBLING PROPERTY

Thomas R. Bolf
Corporate Law Advisory Winter 2006

LABOR & EMPLOYMENT UPDATES

Corporate Law Advisory Winter 2006

SECURITIES LAW UPDATE

Robert C. Brighton
Corporate Law Advisory Winter 2006

WILLFUL PATENT INFRINGEMENT AND EXCULPATORY NON-INFRINGEMENT OPINIONS

Corporate Law Advisory Winter 2006

CARL SCHUSTER AND RUDEN McCLOSKY: BRINGING INTEGRITY TO THE DIVERSITY INITIATIVE

Multicultural Law, Fall 2006

“SEC Final Rules on Executive Compensation Disclosure Address Stock Option Controversy”

Robert C. Brighton
Atlantic Coast In-House Counsel
October 2006

Inter-American Law Review, VOL 38, No. 1, Official Language A,B,C's

Marla Neufeld
2006

CHANGE YOUR DOMICILE TO FLORIDA: FLORIDA LEGISLATURE SAYS
Corporate Law Advisory Summer 2006

HOW TO SPAM -- LEGALLY
Steve Holtzman
Corporate Law Advisory Summer 2006

THE FACTS ON UNSOLICITED FAXES
Steve Holtzman
Corporate Law Advisory Summer 2006

URGENT UCC UPDATE FOR CERTAIN SECURED CREDITORS: IMMEDIATE ACTION MAY BE NECESSARY TO MAINTAIN PERFECTION IN YOUR COLLATERAL BEYOND JUNE 30, 2006
Karen K. Crew
Corporate Law Advisory Summer 2006

BAN ON BUYING MEALS FOR FLORIDA STATE OFFICIALS ... AND MORE
Corporate Law Advisory Summer 2006

LEGAL UPDATE: SEC ISSUES RULES ON EXECUTIVE COMPENSATION WHICH ADDRESS OPTION BACKDATING
Robert C. Brighton
July 2006

NEW FLORIDA LIMITED PARTNERSHIP ACT AND OTHER BUSINESS LAWS
Corporate Law Advisory Summer 2006

PRESERVING YOUR RIGHT TO INSURANCE COVERAGE
Florida Engineering Society FICE Update, July 2006

“Delaware Decision Instructive on Drafting Purchase Agreements”
Robert C. Brighton
Atlantic Coast In-House Counsel
July 2006

Must Information in the Public Record be Disclosed to Buyers of Residential Real Property and May it be Misrepresented?
E. Lee Worsham
Volume 80, No. 3
The Florida Bar Journal
March 2006

PROFESSIONALISM: THE LAWYER'S DUTY TO MEDIATE
Paraclete, March 2006

REAL ESTATE MARKET FUNDAMENTALS IN SOUTH FLORIDA
Wharton Real Estate Review

SCBA COMMITTEE UNVEILS INITIATIVE
The Docket - Sarasota County Bar Association

THE SEC'S NEW GOLDEN RULES FOR EXECUTIVE COMPENSATION
Robert C. Brighton
Atlantic Coast In-House
2006

Opinion for Case 05-14491-BKC-RAM
United States Bankruptcy Court Southern District of Florida
October 2005

NEW BANKRUPTCY BILL CLEAR: EQUITY DEVELOPED IN HOMESTEAD EVEN IN FLORIDA DURING THE 1215 DAYS PRIOR TO FILING WILL BE AVAILABLE TO CREDITORS TO THE EXTENT SUCH EXCEEDS $125,000
Fall 2005

“Attorneys at the Gate – The Implications of the Evolving Role of Company Counsel”
Robert C. Brighton
Atlantic Coast In-House Counsel
October 2005

A WORLD PATENT?
Corporate Law Advisory Summer 2005

CONGRESS, IRS AIM TO TIGHTEN SCREWS ON EMPLOYMENT TAX ENFORCEMENT
Corporate Law Advisory Summer 2005

WHY LLCS ARE THE ENTITY DU JOUR FOR SMALL BUSINESS OWNERS
Michael H. Krul
Corporate Law Advisory Summer 2005

CORPORATE PAYMENT OF FLORIDA STOCKHOLDERS' INTANGIBLE TAX - NOT A SIMPLE DECISION!
Debra L. Boje
Corporate Law Advisory Spring 2005

HUSH!! WERE IN REGISTRATION! - Communications During the Offering Process
Corporate Law Advisory Spring 2005

SOLIDLY BEHIND DIVERSITY: RUDEN McCLOSKY FIRM DEVISES DIVERSITY PROGRAM CONSIDERED A MODEL FOR OTHERS AROUND THE COUNTRY
Daily Business Review, May 2005

E-MAILS: THE INDESTRUCTIBLE AND POTENTIALLY EXPLOSIVE
Corporate Law Advisory Spring 2005

THE AMERICAN JOBS CREATION ACT OF 2004 Tax Treatment of Statutory Stock Options Transactions
Corporate Law Advisory Spring 2005

WAGE & HOUR LAWSUITS -- IS YOUR COMPANY AT RISK?
Corporate Law Advisory Spring 2005

WEBSITE PRIVACY POLICIES AND REPRESENTATIONS: THE FTC AND DOING BUSINESS ONLINE
Deborah Tellerman Berkowitz
Corporate Law Advisory Spring 2005

“Communications During the Offering Period”
Robert C. Brighton
Atlantic Coast In-House Counsel
February 2005

CHANGES TO FLORIDA LIEN LAW EFFECTIVE OCTOBER 1, 2003
Construction Law Advisory Winter 2004
Fall 2004

DO YOU REALLY HAVE WORKER'S COMPENSATION IMMUNITY
Construction Law Advisory Winter 2004

DO YOU REALLY HAVE WORKER'S COMPENSATION IMMUNITY?
Mark J. Ragusa
Construction Law Advisory Winter 2004

CHANGES MADE TO WORKERS COMPENSATION STATUTES THAT IMPACT THE FLORIDA CONSTRUCTION INDUSTRY
Construction Law Advisory Winter 2004

OSHAS' TOP TEN CITED VIOLATIONS
Mark J. Ragusa
Construction Law Advisory Winter 2004

FLORIDA'S IOTA PROGRAM: SUPPORTING GREATER ACCESS TO JUSTICE
Florida Banking, September 2004

BONUS DEPRECIATION EXPIRES DECEMBER 31ST
Corporate Law Advisory Summer 2004

KNOW YOUR POSITION: DOES FAS 150 AFFECT YOUR ABILITY TO KEEP YOUR LENDER HAPPY?
Robert C. Brighton
Corporate Law Advisory Summer 2004

SEC STAFF PROMPTS INCLUSION OF SHORT SALE PROVISION IN REGISTRATION RIGHTS AGREEMENTS, DOCUMENTS
Robert C. Brighton
Corporate Law Advisory Summer 2004

SARBANES MAY AFFECT PRIVATE COMPANY CORPORATE GOVERNANCE AND COMPLIANCE
Robert C. Brighton
Corporate Law Advisory Summer 2004

MRIS: REDUCED REIMBURSEMENT FROM PIP INSURERS
Mark J. Ragusa
Health Law Advisory Spring 2004

DEVELOPING EFFECTIVE COMPLIANCE PLANS CRITICAL TO COMPANIES
Stephen H. Siegel
Atlantic Coast In-House
October 2003

SENATE BILL 1286 MAY AFFECT YOUR CONSTRUCTION BUSINESS
Construction Law Advisory - Spring 2003

“An Introduction to Sarbanes-Oxley”
Robert C. Brighton
Florida Bar Quarterly
December 2002

CONTRACTOR LICENSING REQUIREMENTS
Construction Law Advisory - Fall 2002

ATTORNEY'S FEES MUST BE COVERED BY LIEN TRANSFER BOND OR SECURITY
Construction Law Advisory - Summer 2002

SARBANES-OXLEY: A PRIMER FOR PUBLIC COMPANIES, AND THEIR OFFICERS AND DIRECTORS, AND AUDIT FIRMS(C)
Robert C. Brighton

Administrative Pitfalls of Litigating Under the Florida Civil Rights Act
Kenneth M. Curtin
St. Thomas Law Review 523
Fall 2001

"The Fourth Amendments Protection Against Unreasonable Search vs. A Bankruptcy Trustee's Duties", Journal of the National Association of Bankruptcy Trustees, Summer 2001
Michael R. Bakst
Journal of the National Association of Bankruptcy Trustees, Volume 17, No. 2, Summer, 2001
2001

CONSTRUCTION CONTRACT INDEMNITY STATUTE
Beth-Ann E. Krimsky
Construction Law Advisory - Summer 2001

Fraudulent construction liens: Willful exaggeration or good faith dispute?
Matthew S. Nelles
Florida Bar Journal
March 2001

An Examination of Contractual Expansion & Limitation of Judicial Review Arbitral Awards
Kenneth M. Curtin
OHIO STATE JOURNAL ON DISPUTE RESOLUTION 337
January 1, 2000

IRS CONCEDES THAT CONCESSIONAIRE PROFITS WERE NOT SUBPART F INCOME, The Journal of International Taxation, (Warren, Gorham & Lamont, RIA Group, March, 2000);
Glen A. Stankee
The Journal of International Taxation

PROPOSED REGS. TOUGHEN REQUIREMENTS FOR INTERNATIONAL SHIPPING EXEMPTION, The Journal of International Taxation, (Matthew Bender & Co., 1987-1992)
Glen A. Stankee
The Journal of International Taxation

"Marginalizing Individual Privacy on the Internet" - Boston University Journal of Science & Technology Law
Deborah M. McTigue
Boston University Journal of Science & Technology Law 5 B.U. J. SCI. & TECH. L. 5
June 1, 1999

TORT REFORM: A CALL FOR FLORIDA TO SCALE BACK ITS INDEPENDENT TORT FOR THE SPOLIATION OF EVIDENCE
Florida Law Review, April 1999

CORPORATE LAW: MISAPPROPRIATION THEORY OF LIABILITY UPHELD FOR RULE 10B-5 CRIMINAL CONVICTIONS
Florida Law Review, April 1998

367 REGS. EASE SOME RESTRICTIONS OF STOCK TRANSFERS TO FOREIGN CORPS., The Journal of International Taxation, June 1996
Glen A. Stankee
The Journal of International Taxation

CHAPTER 17, RESIDENTS' PROPERTY TAX EXEMPTIONS, Real Estate Transactions: Tax Appeals, (Matthew Bender & Co., 1987-1992)
Glen A. Stankee
Real Estate Transactions: Tax Appeals

CHAPTER P:15, DEFICIENCIES AND ASSESSMENTS, CCH Federal Tax Service, (Commerce Clearing House, 1993-; Matthew Bender & Co., 1989-1993)
Glen A. Stankee
CCH Federal Tax Service

IRS OVERLOADS SPACE OR OCEAN ACTIVITIES BASKET, The Journal of International Taxation (Warren, Gorham & Lamont, January, 1994)
Glen A. Stankee
The Journal of International Taxation

IRS RULING TAXES ALL INCOME FROM 'CRUISES TO NOWHERE, The Journal of International Taxation, (Warren, Gorham & Lamont, November, 1994)
Glen A. Stankee
The Journal of International Taxation

PLANNING AROUND AND WITHIN SUBPART F, Tax Planning International Review, (Bureau of National Affairs, Inc., May, 1995)
Glen A. Stankee
Tax Planning International Review

Redefining Public Policy in International Commercial Arbitration
Kenneth M. Curtin
64 Defense Counsel Journal 271

RESIDENTS' PROPERTY TAX EXEMPTIONS: A MODERN ANALYSIS UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE, Notre Dame Law Review, Vol. 59, No. 4 (1984)
Glen A. Stankee
Notre Dame Law Review

SECTION 367(A) FINAL REGS. TOUGHEN THE “ACTIVE TRADE OR BUSINESS” TEST, The Journal of International Taxation, (Warren, Gorham & Lamont, RIA Group, June, 1997)
Glen A. Stankee
The Journal of International Taxation

"Compensation of Chapter 7 Trustees in Cases Converted to Chapter 13", Journal of the National Association of Bankruptcy Trustees, Spring 1999
Michael R. Bakst
Journal of the National Association of Bankruptcy Trustees, Volume 15, No. 1, Spring, 1999
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