August 2016 Newsletter

William Cornwell, Esq in the News
August 2016 Issue
800-863-9560
William Cornwell, Esq. is one of our very valued partners of the firm.  A recent article (http://www.mypalmbeachpost.com/news/news/a-st-andrews-school-power-struggle-is-spilling-int/nrmWg/) quoted Bill regarding a high profile case that Bill is litigating.  We thought it would be great for those of you who have not had the opportunity to meet Bill to learn a little more about the man who is sought after to resolve complex and often high profile litigation.

Bill’s reputation as a tough and successful litigator precedes him.  He was raised in Georgia and you will quickly notice a southern drawl when you speak to him.

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Alimony Vetoed Again

In April 2016, a bill that would reform alimony was vetoed again by Governor Rick Scott.  Previous attempts at alimony reform have failed.  The failure of any reform leaves Florida residents with the following types of alimony: Temporary Alimony is awarded to a party to cover demonstrated needs from the time dissolution is filed through the entry of the final judgment of dissolution.

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Senate Committee Release Report on Suggestions to Improve the Stark Law

The Senate Finance Committee Majority Staff released a report titled “Why Stark? Why Now? Suggestions to Improve the Stark law to Encourage Innovative Payment Models”.  The report summarized comments from a roundtable held December 2015.  The Senate Committee on Finance and the House Committee on Ways and Means held the roundtable and invited subject matter experts to attend and discuss issues related to the Stark Law.  The participants discussed whether changes to the law were necessary to implement MACRA.  After the meeting, the Committees invited the roundtable participants and others to share their views on the Stark Law.

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My Opposing Party Breached Our Contract, Can I Get Attorney’s Fees?

It depends.  I know those words can drive a client crazy; however, I receive numerous calls on this and the answer is not always the same.  One reason for an uncertain answer is that if you have a written contract in place, then the written contract will govern your relationship with the other party.  It is customary for contracts in today’s world to spell out who will be responsible for attorney’s fees and this can fall into two different categories: prevailing party versus each party is responsible for his or her own legal fees.  A prevailing party contract clause will provide that the party who is unsuccessful in litigation will be responsible for the prevailing party’s attorneys.

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