Avoiding Disputes, Litigation and Alternate Dispute Resolution

By William C. Davell

This month’s legal opinion is provided by Tripp Scott's COO Paul Lopez.

How do Florida voters feel about DeSantis’ migrant flights? A new poll weighs in.

An article by David Smiley with contributing content from Tripp Scott's Ed Pozzuoli

As Published in the Miami Herald

About half of Floridians likely to vote in the midterm elections are on board with Ron DeSantis’ migrant flights, according to a new poll that suggests the governor is cruising to reelection.

Conducted Oct. 10 – 13, the online poll of 685 likely voters found that 52% are voting for DeSantis, who with mail-voting underway has a 10-point lead over Charlie Crist (42% support). With Election Day looming on Nov. 8, only 6% of likely voters have yet to firmly decide on Crist or DeSantis, according to the poll.

The poll was conducted by RMG Research, led by conservative-leaning pollster and pundit Scott Rasmussen. It was commissioned by Tripp Scott, a law firm whose CEO, Ed Pozzuoli, is the former chairman of the Republican Party of Broward County.

Its margin of error is 3.7 percentage points.

Inexperienced Managers And Poor Training: A Recipe For Disaster

A SPECIAL REPORT by Tripp Scott's Paul Lopez and Jennifer Wahba. As Published in HR.com

Managers should receive training in the federal and state laws that apply to the company’s business.

A company's management team is entrusted to oversee day-to-day operations including, but not limited to, internal workplace issues, such as compliance with a number of employment-law related statutes and regulations.

Bankruptcy Trustee's Attorney Fees Under Attack—When Hourly Rate Agreements Become Contingent

As Published in the Daily Business Review

A recent decision from the U.S. Court of Appeals for the Sixth Circuit may be creating a tsunami of concern to those attorneys and law firms that regularly represent bankruptcy trustees. The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee’s attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.

The case of In re Village Apothecary, 21-1555 (6th Cir. Aug. 16, 2022), addresses whether a bankruptcy court may consider “results obtained” when determining whether fees are reasonable under Section 330(a)(3) of the Bankruptcy Code. Ultimately, the Sixth Circuit decided yes it could.

Grand jury’s damning report on public schools is proof that parental choice is best

As Published in the Miami Herald

The recent grand jury report findings only confirm what parents already know — the system is broken.

Sadly, the report’s release is just another incrimination of the Broward County School Board. The grand jury consisted of 18 volunteer members of our community from Miami-Dade, Broward and Palm Beach voter rolls representing a full array of our diverse community. The investigation included a review of thousands of documents with more than 150 witnesses providing testimony. It culminated in several recommendations, including the recommendation that Gov. Ron DeSantis replace four Broward County School Board members for incompetence and neglect of duty.