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Question of the Week

Do you have a question for The LeMieux Report? Please fill out the following information and your question will be considered for our weekly feature "Question of the Week". If selected, your question will be answered in the next edition of The LeMieux Report.

Past Questions

August 25, 2008

I have heard Senator McCain and Senator Obama discussing their positions on whether to “make permanent” or “roll back” certain tax cuts that were enacted during President George W. Bush’s administration. What tax cuts are the senators talking about? Should I consider engaging in any tax planning to take advantage of the current lower tax rates?

August 18, 2008

How do I avoid getting sued for overtime pay?

August 11, 2008

My company owns property in Florida. We had a general contractor build on one of our sites. The construction is complete, but we just learned that a subcontractor has put a lien on the property and is demanding payment. We already paid the contractor. What are my rights?

August 4, 2008

With the rising price of gasoline, the rapidly expanding worldwide demand on energy resources, and Federal and state governments incentivizing business enterprise to explore alternative sources of energy and clean tech, what should I, as an owner of an expansion stage clean tech company do to position my company for venture capital?

July 29, 2008

Green Building and LEED Certification 2009

July 21, 2008

Can a Florida marina owner or operator secure or remove vessels from the marina when a tropical storm or hurricane watch is issued?

June 30, 2008

Climate change and sustainability law is undoubtedly emerging as the new direction for environmental law in Florida. This is the first of a new monthly series by the LeMieux Report, authored by Luna E. Phillips, an environmental and law use attorney of counsel to Gunster Yoakley. The column is focused exclusively the emerging role of sustainability, climate change and other related environmental initiatives and their legal, policy and economic impacts to Florida’s environment and economy.

June 30, 2008

Is it true that the Ninth Circuit Court of Appeals recently ruled that an employer cannot access text messages sent and received by employees on employer-provided electronic devices?

June 30, 2008

Is it true that the Ninth Circuit Court of Appeals recently ruled that an employer cannot access text messages sent and received by employees on employer-provided electronic devices?

June 16, 2008

How quickly must a homeowners' insurer investigate and pay a claim?

June 9, 2008

Stories about runaway jury verdicts seem to be in the headlines all the time, and I am concerned about my business. How can I minimize my risk?

June 2, 2008

The landmark 2008 Energy Legislation authorizes a "Cap and Trade" program to reduce greenhouse gases in Florida. What is a "Cap and Trade" program and how will it affect our economy and energy prices?

May 26, 2008

I manage a company that has several offices throughout Florida. Our employees communicate primarily through e-mail, and many of the company's records are created and stored on our computer systems. We just learned that another company we have done business with is threatening to sue us. I think that many of the communications and records relating to this dispute were in the form of e-mail. What should we do about these records? Should we talk to our employees now or wait to see if a lawsuit is filed?

May 19, 2008

The 2008 Florida Legislature passed a comprehensive energy package addressing reduction of greenhouse gas emissions and the development of renewable energy sources in Florida. How will this new energy law affect my business practices in Florida?

May 12, 2008

What is the best way to transfer part of my company to my children? My company has realized substantial growth since I started it, and I anticipate this will continue over the next few years. I hope to sell the company in the next three or four years, and I would like my children to benefit from the sale.

May 4, 2008

In this economic climate of rising inventory costs, I am concerned that my business will be caught short of cash if my customers do not pay me as quickly as I must pay my suppliers. Are there any legal tools I can use to improve my company's prospects of being paid timely?

April 29, 2008

My company is considering using blogs and social media as a marketing and business tool. What can my company do to protect itself from possible litigation?

April 21, 2008

Is Immigration and Customs Enforcement (ICE) raiding employers and even arresting executives and managers for immigration violations? What are the "best practices" in employee eligibility verification to protect a business?

April 14, 2008

There is a rumor that legislation is being considered that might prohibit private clubs in residential communities from collecting mandatory club membership fees. Is the rumor true?

April 7, 2008

The rumor is that Congress is considering making significant amendments to the Family Medical Leave Act (FMLA). Is the rumor true and if so, what amendments are likely to be made, and who will they effect?

March 31, 2008

Given the recent uptick in personal bankruptcies, have there been any challenges to the Bankruptcy Code which attempt to limit the availability of the Florida homestead exemption?

March 17, 2008

Are there any legal restrictions on an insurer's ability to increase homeowner policy premiums? What about canceling homeowner policies?

March 11, 2008

“Over 8.3 million Floridians will receive economic stimulus rebate checks this year, fusing more than $7 billion into Florida’s economy. Do I qualify for a tax rebate? And if so, how much should I expect to receive?”

March 4, 2008

Does the new constitutional amendment on property taxes provide any savings if I sold my homesteaded property last year and purchased another homestead in 2007. If so, is there a deadline for me to file for my tax savings?