Business and Tax Lawyer Blog

Due to a cooker malfunction at one of the company’s plants located in Paris, Texas, Campbell Soup. Co. has decided to recall 15 million pounds of SpaghettiOs with meatballs. Three varities have been recalled, each of which are highly consumed by children:  SpaghettiOs with Meatballs, SpaghettiOs  A to Z with Meatballs, and SpaghettiOs Fun Shapes with Meatballs (Cars).   The Agricultural Department announced the recall late Thursday afternoon on June 17.  Certain lots of the product manufactured back in 2008 are even being recalled, stated Campbell spokesman, Anthony Sanzio.  Although officials believe the cooker malfunctioned recently, they are not certain. 

Out of an abundance of caution, lots of the product manufactured from between December 2008 and June 10, which were distributed nationwide, were recalled. Presently on the market, the company believes there are 35,000 cases of SpaghettiOs subject to recall.  The USDA announced the 15 million pound recall because that is all of the product that has been produced since 2008; while most of it has likely been consumed, the Company has elected to move to address the issue.

To read more about this incident see 15 million pound SpaghettiOs recall.

Recalls can affect a business’ reputation, good will and customer sales.  Contact Wood, Atter & Wolf, P.A. to discuss how to protect your business in the event of such an incident.

The Bark ‘n Howl Bakery provides a variety of flavors of dog biscuits for Jacksonville, Florida pets. The non-profit business doesn’t just provide doggie treats though – they provide vocational training and employment for young people with physical and developmental disabilities from Career Frontiers of Northeast Florida.

Leigh Forrester and Martha Sawyer incorporated the business last year and sell their dog treats over the internet at www.barknhowlbakery.com as well as at local farmers’ markets in the Jacksonville area. The two take turns making the biscuits in their own kitchens, and started training the special needs students to help them in February, 2010.

The year-round program is suitable for young adults with Down syndrome, autism, and visual and hearing impairments. The helpers, are from eighteen to thirty five years old and learn a variety of skills, including safety, cooking, weighing, measuring, packaging, computer skills, and even help sell the treats at the farmers’ markets. They will soon be able to learn retail skills as the bakery plans to open a permanent location if they can find a local benefactor to donate the retail space.

The founders say that their goal is to train the students so that they can seek paid employment in Jacksonville and nearby communities. Find out more about this unique business at Dog bakery provides vocational training for special young adults.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business or employment legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

CVS Caremark Co. and Walgreen Co. have settled a contract dispute, which, if left unresolved, would have prevented thousands of customers from getting their prescriptions filled at Walgreen. Walgreen has 7,500 outlets and is the largest U.S. drugstore chain operator. The two companies negotiated a multiyear deal but no terms were disclosed by either company. The partnership between CVS and Walgreen allows people whose prescription drugs benefits are handled by Caremark to be reimbursed for prescriptions filled at Walgreen’s pharmacies. Caremark contracts with employers and handles the drug benefit parts of their health plans, paying pharmacies to fill prescriptions. Caremark saves money by negotiating volume discounts.

On June 7th, Walgreen stated that it planned to end their relationship with CVS gradually. However, on June 9th, CVS Caremark said the company would exclude Walgreen from its network in a month. If this happened to be the outcome, starting July 9th, Walgreen customers whose prescriptions were managed by Caremark would have had to fill their prescriptions at stores (such as CVS, Kroger, or Safeway) if they wanted to be reimbursed for their drug costs.

The settled dispute between the two companies was a positive outcome. Kermit Crawford, executive vice president of pharmacy for Walgreen, said in a statement that, “the agreement makes good business sense … and assures choice and convenience [to customers].” Shares of both companies rose 3% the morning of June 18th.

To read more details about the settled dispute see CVS and Walgreen negotiate contract dispute.

If you are engaged in a contract dispute, contact Wood, Atter & Wolf, P.A. to negotiate a contract dispute your business may be dealing with. It is important to seek legal counsel to protect your interest and ensure future business.

It has become so popular it has received its own abbreviation, EVOO—Extra-virgin olive oil. This oil evolution is booming thanks to two recent developments: a growing knowledge of olive oil as a healthy fat and technological improvements that make the product more cost-efficient to harvest, states Curtis Cord, Executive Editor of the Olive Oil Times.

Olives are grown all over the world. India and China have their own fledgling olive oil industries. However, Spain continues to dominate the industry, Italy comes in second, and Mediterranean imports dominate the U.S. market. But all of this is subject to change. A Chilean producer, Olisur, is making a strong go at the U.S. market.

Olisur is exporting two lines of their product: O-Live & Co., olive oil used for everyday cooking and premium oils intended for sauces and finishing dishes, Santiago Limited Edition and Santiago Premium. Expect to see these oils at all major markets by the end of July. President of Olisur, Jay Rosengarten, says that cost efficiencies mean that Olisur’s products can be high-quality at not-so-high prices. The difference in Olisur’s oil is that it’s fresh and continually being delivered to the market.

To read more about the olive oil evolution see Chilean olive oil producer reaches U.S. market.

Contact Wood, Atter & Wolf, P.A. to discuss the expansion of your business.

The Sawgrass Marriott Golf Resort and Spa was purchased in 2006 for $220 million with financing from Goldman Sachs Commercial Mortgage Co. Revenue for the luxury property fell from nearly $60 million in 2008 to just over $40 million in 2009. Even though the resort continued to operate profitably in 2009, the drop in revenues caused the owners to lose liquidity and seek debt restructuring.

In October 2009, Goldman Sachs said that it would stop negotiating debt restructuring and foreclose on the property. That has forced the Ponte Vedra Beach, Florida resort to file for Chapter 11 bankruptcy. While resort management has said that they plan to continue normal operations, the two Irish investment partnerships that own the hotel filed bankruptcy petitions with the US Bankruptcy Court in Jacksonville, Florida. According to court records, the resort hopes to continue operating profitably even while in bankruptcy proceedings.

The large resort facility features over 400 guest rooms, six restaurants and offers hotel guests access to the courses at the PGA TOUR’s nearby Tournament Players Club at Sawgrass. The resort employs 435 people, and according to a Marriott spokesperson, the proceedings will not affect any employment issues. A PGA TOUR official added that the bankruptcy will have no bearing on the PGA TOUR’s Tournament Players Club at Sawgrass, which is owned and managed by a subsidiary of the PGA TOUR.

Find out more about this story at Lender’s foreclosure proceedings forced Sawgrass Marriott into Chapter 11.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Nimnicht Chevrolet of Jacksonville, Florida was one made of the country’s first GM Hummer franchises in 2002. The dealership built a multi-million dollar dealership for the brand, which included an off-road test drive course. But times have changed. Consumers are less interested in paying between thirty and forty five thousand dollars for an SUV that gets from thirteen to eighteen miles per gallon.

GM has recently had to shut down Hummer 2 production, and has been looking for a buyer to continue making the super-sized SUVs. GM recently announced that their efforts to sell the Hummer line to Chinese Sichuan Tengzhong Heavy Industrial Machines company has fallen through.

Nimnicht GMC-Hummer General Manager Jackie Lynch is still optimistic that another buyer will come along and save the Hummer brand. He reports that sales of Hummer have remained steady despite the uncertainty of the SUV’s future. The dealership reportedly sells seven to ten Hummers each month. In February, their stock was down to nine 2009 models and ten 2010 models.

Lynch said that Nimnicht will continue to sell and service new and pre-owned Hummers as long as the brand is in existence, and will continue to perform authorized warranty work on Saturns – another GM car line that was shut down at the end of last year.

Read more about Hummer and other GM brands that have been sold or ended at Jacksonville dealer says it’s business as usual despite Hummer’s demise.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Government researchers say that the red snapper, which is concentrated near the Jacksonville coastline, is dangerously overfished and that the species is nearing collapse. Because of their report, the South Atlantic Fishery Management Council has imposed a no-catch zone that makes fishing for any fish species illegal in order to prevent red snapper from being caught accidentally.

While a government official has said that controlling fishing near Jacksonville is essential, the ban is sure to hurt business for local fishermen. Commercial fishing interests in North Florida and South Georgia are expected to lose millions of dollars due to the closure.

A temporary, stopgap ban has been in effect for two months while the Council develops its final restrictions. That measure has already had a profound effect on local businesses. Charter boat operator Becky Hogan testified before the Council, saying that her first quarter earnings have fallen from $62,000 to just over $1000. Other fishermen also testified that the ban is putting them out of business.

Council members are continuing to attempt to appease fishermen; a recent change has shrunk the proposed area of the ban, but only off the coast of South Carolina. Read more about the red snapper fishing ban off the coast of Florida at No-fish zone change won’t help Florida, Georgia anglers.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Jacksonville based fast food franchise Orange Tree Hot Dogs’ first restaurant was opened in 1968 at the Regency Square Mall by Peter and Carolyn Koppenburger. The family-owned business now has three corporate owned locations, eight franchise locations and is slated to open three more franchises in Florida this year, despite the slowing economy and stiff competition from A&W, Nathan’s Famous Hot Dogs, All American Hot Dogs, Sonic and other chain restaurants that sell frankfurters.

Orange Tree sells over a million hot dogs every year. According to Shawn Emling, co-owner and grandson-in-law of the original owners, “We didn’t reinvent the wheel with the hot dog, we just put a unique twist on it.” The franchise boils their Ball Park brand hot dogs and steams the buns – along with another secret step that makes the taste of their hot dogs one of a kind. They also make six hot dog toppings from scratch.

Emling reports that he eats two or three hot dogs a day; the average American eats fewer, but still puts away sixty per year according to the National Hot Dog and Sausage Council. The new Orange Tree Dog stores will be opening in Gainesville, Daytona Beach, Atlanta and Orlando, Florida and will of course serve the famous Orange Frost Drink along with their signature hot dogs.

Find out more about this story at Orange Tree Hot Dogs: A Jacksonville success story since 1968.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business law question, please contact Wood Atter & Wolf, P.A. for legal counsel.

In 2005, when the real estate market was booming, Yellow Bluff Development LLC asked the Jacksonville City Council to create the Tison’s Landing Community Development District. In turn, the district issued nearly $40 million in bonds to pay for roads, drainage, water lines, streetlights and a neighborhood recreation center for the nearly 700 home community that Yellow Bluff planned to build at Tison’s Landing.

Under Florida state law, the developer is responsible for repaying the bonds at first, but may shift responsibility to property owners via assessment over a thirty year period. Since home sales have not materialized, Yellow Bluff has now failed to pay its annual assessment to the district. Therefore the Tison’s Landing Community Development District has declared Yellow Bluff in default and filed a foreclosure suit in Duval County Circuit Court. The move by a development district to foreclose on a developer is very rare in Florida. The development district plans to foreclose on the land and find a buyer for the property.

While Yellow Bluff did not file an objection to the foreclosure, Mercantile Bank, which holds a mortgage on the Tison’s Landing Property, filed a challenge, saying that Tison’s Landing Community Development District must wait a full year after a missed payment to foreclose. Read more at Community development district files suit after Florida developer doesn’t pay.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Downtown Vision is a non-profit organization funded by assessments on property in a ninety block radius around downtown Jacksonville, Florida. The organization has announced that it will be focusing its efforts on giving downtown Jacksonville a clean and safe appearance, and they are starting with the sidewalks. The organization has about $500,000 of its $1.2 million budget dedicated to its clean and safe program.

The walks are covered with wads of used chewing gum and other dirt and grime that are making them look dingy and uninviting. Downtown Vision has recently contracted with Service Group, Inc. to help revitalize the dirty walkways. But according to Terry Lorince, executive director of Downtown Vision, “we’ve got a big catchup to do.”

Service Group, Inc has the experience required; the company has contracts with at least twenty other downtown organizations across the country.

As part of the contract, Downtown Vision’s on-street ambassadors will become employees of Service Group. Downtown Vision has also purchased some serious cleaning equipment, including a sidewalk scrubber, a “Billy Goat”

vacuum and a pressure washer with a special attachment for powering off stuck on gum.

It will take some time to clean all of the sidewalks in the downtown area, but local business owners and resident alike will benefit from the new clean and inviting look. Read more about the clean and safe downtown Jacksonville, Florida program at Cleaning up downtown to improve its image.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

The Beaver Street Enterprise Center is a small business incubator that opened its doors in Jacksonville, Florida in 2003. It was established by the nonprofit group, FreshMinistries, to nurture small businesses by providing entrepreneurs with reasonably priced office space, mentoring services and opportunities for networking with other business owners.

In the incubator’s first year, fifteen fledgling businesses provided jobs for sixty two Floridians. By 2007, the center’

s businesses provided almost five hundred jobs to Florida residents, most of them from Jacksonville. The total revenue produced by these businesses has grown to close to $10 million.

Successful businesses to come out of the incubator include A. Harold & Associates, Xeye, Inc., and a Burger King Franchisee who owns six Burger King stores. The University of North Florida’s Small Business Development Center also has a presence there. Most come for the $10 per square foot office rent, but stay for the networking and relationships. Entrepreneurs credit the center with providing them the focus they need to build their businesses, the contacts with other business owners who can provide guidance, and the opportunity to meet local bankers who can help finance their operations.

The Beaver Street Center is currently home to fifteen small business tenants, and has room for two more. The Center also supports fourteen home-based businesses with shared office space, equipment and training. In addition, the Jacksonville Hospitality Institute offers a nine-week course, held in the Center, which prepares students for a career in hotels or restaurants.

Find out more about this small business incubator at Jacksonville small businesses get chance to grow on Beaver Street.

If you live in the Jacksonville, Florida or Orlando, Florida area and run a small business, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

William Berta has lived in his Sarasota, Florida home for several decades. He runs a local business, he collects benefits from Veteran’s Affairs, and he pays his water and power bills every month. Despite all these facts, Wells Fargo Bank was able to convince a judge that Berta had abandoned his home, allowing the bank to foreclose on the home, take possession of it and sell it at auction. No one blinked an eye when the process server who notified Berta in person of the eviction found him living at the very home he had supposedly abandoned.

Berta of course knew that he was behind on his mortgage payments, but had contacted HOPE NOW, a federal mortgage-counseling agency; the agency had told Berta that they were in negotiations with Wells Fargo to lower his mortgage payments.

Berta feels that the sloppy legal work done on his case is tantamount to the bank stealing his home and there is much concern in Florida that the overwhelming number of foreclosure cases in the system could cause more of these mistakes to happen.

According to Florida law, a mortgage lender used to be allowed foreclose without notifying the homeowner, as long as it advertised the foreclosure in the newspaper and provided a sworn affidavit to the courts stating that it could not find the homeowner. But new rules are requiring lenders to explain the methods they have used to find the homeowner so that a judge can determine if they are adequate.

For its part, Wells Fargo has claimed that they visited Berta’s home with papers on several occasions, and sent him numerous notices through the mail. Wells Fargo has indicated that Berta will be allowed to stay in his home as long as he qualifies for one of the bank’s loan mitigation programs. A judge has approved a motion to set aside the sale of Berta’s home; he will now have a chance to defend himself against the foreclosure.

You can read more about William Berta’s foreclosure case at Sarasota Homeowner Narrowly Averts Abrupt Eviction After Bank’s Sloppy Foreclosure.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Chrysler Group, LLC celebrates its one year anniversary of surviving bankruptcy. Chrysler's CEO, Sergio Marchionne, told employees that, although he is pleased with Chrysler's achievements, the company still has a long way to go. Chrysler received aid from U.S. and Canadian governments and Chrysler plans to begin payment of the debt to U.S., Canadian and Ontario governments starting in 2011 with full repayment in 2014. It took roughly $15 billion to save the company from going bankrupt and prevent the company from being sold off into pieces.

Chrysler's 2010 plans include building on a $143 million first-quarter operating profit, two consecutive months of sales gains, and the launch of 16 new or updated vehicles by the end of the year. However, Chrysler does face some challenges. The company has struggled with quality problems as well as consistently receiving low rankings from J.D. Power and Associates and Consumer Reports Magazine. Presently, Chrysler is planning to place a new model of its Jeep Grand Cherokee SUV in showrooms in the near future, however, no one outside the company has seen the model. This step might be risky for Chrysler because the Jeep Grand Cherokee is not a vehicle on the top of anyone's list right now and Chrysler's competition has made monumental developments in their product lines that may be difficult to counter.

Chrysler's progress is an example of how a company can use the Bankruptcy process to save and improve an ongoing business. Bankruptcy is a big step to consider, but it can give you a chance to save your life's work and preserve jobs fo your employees.

To read more about Chrysler and its future plans see Chrysler gets its business back on track after bail out.

Contact Wood, Atter, and Wolf, P.A. to discuss the viability of your business and the options that are available to you.

Beach wedding planners along the gulf coast are seeing a decrease in business, just another effect of the devastating oil spill, as couples are in a wait-and-see mode since April to see how the spill would affect pre-scheduled weddings. However, within the past few days couples have begun cancelling their beach wedding plans. One wedding planner, Charli Linn, owner of All the Details located in Fairhope, Alabama, estimated a 30-50% decrease in clients. Linn's goal was to book 50 weddings this year. She will not book half of that. The owner of Barefoot Weddings, Maggie Halsey, located in Fort Walton Beach, Florida has seen a 60% drop in bookings and has had 13 cancellations in the past two weeks.

The businesses have provided rerunds and made claims with BP in order to reimburse the businesses for lost profits. Other businesses, which were unable to immediately refund their clients, are relying on the reimbursements from BP to make good. Some small businesses are also advising the couples who wish to be reimbursed their non-refundable deposits to make claims with BP as well.

The oil spill is an environmental disaster and it is having affects all over the gulf coast - not only on the natural environment, but on the business environment as well. This will impact business owners and, as the crisis continues, the employees of those businesses. If you feel your business has suffered from the oil spill or another environmental disaster contact Wood, Atter, and Wolf, P.A. to seek legal guidance on your options.

To read more about how the oil spill has affected beach weddings see Beach Wedding cancellations skyrocket as a result of oil spill.

In a weak economy one type of business has found success, the upscale burger business. While restaurants across the country are pinching pennies, burger joints, such as Five Guys Burgers, are making higher-quality ingredients the standard in their products. Another tactic to increase their business is using quirky ingredients such as fried eggs and pineapple. According to NPD, a market research group, the hamburger and sandwich category was the only category to experience growth in both full-service and quick-service restaurants last year. Although beef prices are on the rise, many operators of burger businesses are still planning to expand their ventures.

Most of these businesses successes stem from the fact that hamburgers can be altered but they remain true to their traditional form. For example, Smashburger's Colorado burger comes with two different kinds of cheese, grilled green chilies, and served on a chipotle bun. Also, instead of limiting the side items to french-fries, Smashburger offers "veggie frites" – fried asparagus, carrots, and green beans – and fried pickles. Other chains have offered sweet potato fries.

Many of these businesses have seen rapid growth, but none has experienced as much expansion as Five Guys; where sales grew 70% to $499 million in 2009. Also, according to a consulting firm, Technomic, Five Guys was the fastest growing restaurant in its category of businesses with annual sales of more than $200 million annually.

To read more about the burger boom see Burger joints experience increase in business.

Contact Wood, Atter, and Wolf, P.A. to discuss starting a new business or expanding your existing business.

A ten year anniversary news series was enough to finally convince a business owner to speak out about a fire at his warehouse that killed 6 firefighters in 1999. Tony Kwan said in a new interview that the Fire Department inspected the Worcester Cold Storage and Warehouse Co. building only a few days prior to the blaze, and found it safe and secure. He has provided a copy of their report to the local newspaper, the Worcester Telegram & Gazette, which is running the series.

He also said that he prays twice a day for the men who were killed, but he does not feel personally guilty because he met all the requirements for keeping the building safe. Even so, he took the settlement from the insurance company and split it among four widows of the deceased firemen to settle a civil suit they filed against him.

An investigation of the fire found that it was started by some homeless people who broke into the building and knocked over a candle they were using. The laws in Massachusetts for securing abandoned buildings have become much stricter since 1999, including requiring stronger barriers to keep out intruders. Mr. Kwan reports that he follows the new, stricter laws that are now in effect as well.

Mr. Kwan discusses the reasons for his ten year silence as well as the settlement in the civil lawsuit in greater detail at Owner prays for dead; says building was secured.

Building owners have a legal responsibility to make sure that any property they own is secure. If you need guidance in understanding Florida building codes, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Allied Veterans of the World is a non-profit organization that raises money for veterans. Part of their fundraising strategy in Florida has involved running Internet cafés that take advantage of a loophole in Florida sweepstakes legislation to offer online gambling. Their cafés have been raided and shut down by police in several Florida counties, including Seminole, Marion, Jackson and Pinellas.

They recently filed a lawsuit asking the state of Florida to declare that the cafés do not violate Florida state law. But the circuit court judge threw out the case, saying that local sheriffs are not arms of the state, meaning that Allied Veterans of the World will have to fight for the right to stay open in each of the individual counties where they are attempting to operate. They currently operate twenty five cafés across the state of Florida.

In related news, a lawsuit brought against Allied Veterans of America by Jacksonville Greyhound Racing Inc. will be allowed to proceed. The lawsuit alleges that Allied Veterans of the World is violating Florida's Deceptive and Unfair Trade Practices Act and Florida's Civil Remedies for Criminal Practices Act and that the establishments are a "common nuisance" under Florida Statutes.

Jacksonville Racing is seeking to have all of the cafés shut down and is asking for damages and legal costs. You can read more about the two lawsuits at Tallahassee judge tosses out suit over Internet cafes.

If you have a legal matter that is affecting your business, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Sun-Maid is updating their Sun-Maid girl's new look, and it is sparking controversy. The iconic symbol has been transformed from a girl in a loose-fitting smock to a modern young woman in tight-fitting clothes. The new symbol has been described by some as "Barbie Doll in Amish attire." The update follows on the heels of other well-known symbol modernization of such iconic figures as Betty Crocker, Aunt Jemima and Mrs. Butterworth.

The original drawing of the Sun-Maid girl was made in 1915, and was inspired by Lorrraine Collett Peterson, a young California girl who posed for the watercolor that is the basis of the symbol. Lorraine's look has been updated slightly over the years, but the basis of the image has always been the original watercolor – until now. The new computer animated Sun-Maid girl is a real departure from the original. Comments from conservatives to feminists are less than positive, and mostly focus on the woman's adult shape and snug top.

According to a company spokesman, the redesign was done to bring the company's image into the twenty first century as well as to help educate modern consumers about healthy food choices. It is rumored that the Sun-Maid girl will be featured in upcoming advertising doing the things a modern woman would do, such as going to the gym and shopping. See the old and new logos and find out more about the new Sun-Maid girl at 'Sun-Maid girl' makeover sparks controversy.

Companies spend a lot of money to update logos in order to freshen up their brand image and appeal to modern customers. But they do need to be careful; the image they have worked so hard to establish over the years can be damaged by a makeover that rubs consumers the wrong way. If you have a business trademark issue, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Patricia Henry learned two years ago that she had AIDS. She claims that she contracted AIDS after having been stabbed with a bloody needle by a mentally impaired AIDS patient while working as a nurse's assistant several years earlier. She left that job and had found another one by the time her diagnosis was confirmed. She was fired from her new job shortly after revealing her disease to her employer.

Now she is suing that employer, Stacy Diaz and 5-D Tropical, a Tampa fish farmer, for discrimination, saying Ms. Diaz fired her because of her condition. The American with Disabilities Act and approved workplace protection in the state of Florida both provide job protection for AIDS sufferers. Ms. Diaz has denied the charges, saying that she fired Ms. Henry for missing too much work.

Ms. Henry is suing for her job back plus a seven figure settlement. Who will win in the case? According to Ms. Henry's attorney, 3-D has several strikes against it in a discrimination lawsuit. These include not having an employee handbook or published grievance process, not making a good faith effort to accommodate Ms. Henry, and perhaps most telling, no references to any disciplinary problems in her file. Find out more about this story at Why was she fired?

If you have a question about the ADA or Florida employment statutes, please contact Wood, Atter & Wolf, P.A. for legal counsel.

The world's largest retailer, Wal-Mart, has settled a class-action lawsuit for forty million dollars. The suit was brought by former and current employees of the company from the state of Massachusetts, and included about 87,500 claimants. They claimed that Wal-Mart deprived them of breaks, failed to pay earned overtime and changed employee timecards to lower their pay. The settlement is the largest of its kind in state history. Anyone working at Wal-Mart between 1995 and the date of the settlement will receive a check from the settlement. The average claimant is expected to receive $734.

The lawsuit is very similar to many other cases that have been brought against Wal-Mart across the country. Wal-Mart has denied the charges in all cases, but has agreed to pay up to $640 million to settle 63 federal and state class action lawsuits regarding wages and hours worked by employees. The Massachusetts case was not part of that larger settlement.

Lawyers for the workers are pleased with the settlement, but felt it could have been bigger. They hope that this case will serve as a warning to other employers to take worker pay seriously. For employers who follow the law, they will now benefit from an even playing field. Read more about the settlement at Wal-Mart will pay $40m to workers.

If you have a question about legal employment practices in the state of Florida, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Most business owners know that they need property and liability insurance. But what would happen if your place of business suffered an accident that kept you out of business for some time? You could continue to owe salaries and rent while you are trying to get back in business.

The insurance that covers you for these costs is called business-interruption insurance, and many business owners don't realize what a mistake it is not to have it until it is too late. Entrepreneurs need to make sure that they are informed and careful when purchasing insurance, not just buy the insurance required by the terms of their lease.

Before picking out insurance, it is important to pick out a qualified and trustworthy insurance agent. One way to determine which insurance agent to select - ask a trusted fellow business owner with similar needs and risks. Once you have selected a few agents you like, ask them for bids. If you're grossing less than $3 million, you will probably end up with a business owner's policy (BOP), which bundles a set of policies and allows you to add to it as needed.

If you have more than a few employees, there are four policies you can't do without: workers' compensation, property insurance, general liability insurance, and business interruption insurance. To read more about how to make business insurance decisions, visit Buying the Best Insurance for Your Business.

If you are a small or medium business owner, please contact Wood, Atter & Wolf, P.A. for legal counsel.

CRM Holdings is a workers' compensation administration company. The company was sued by a New York State workers' compensation board, which is seeking $405 million in damages for alleged breaches of fiduciary duty, fraud, deceptive acts and mismanagement. The attorney general's office has also informed the company that they will be filing a separate lawsuit that will charge CRM Holdings with business and security fraud for allegedly engaging in deceptive and illegal business practices.

The attorney general, Andrew M. Cuomo, alleges that CRM Holdings purposely underestimated prospective clients' workers' compensation liability in order to lower premiums and attract more business; the practice would ultimately leave those companies with inadequate reserves for covering workers' compensation liabilities.

State officials charge that tens of thousands of workers have been left without insurance as a direct result of malfeasance by CRM Holdings. The attorney general is seeking $150 million from the company to cover the liabilities they have caused. CRM Holdings, which is based in Bermuda and has a Poughkeepsie, New York based subsidiary called Compensation Risk Management, has denied the allegations.

CRM has already surrendered its license as a New York third-party insurance administrator after the New York state workers' compensation officials charged that the company had given them false information, had not cooperated with an audit, and routinely failed to keep adequate reserves on hand for claims. Find out more about the two lawsuits at State Sues Administrator of Workers' Compensation.

If you have questions about workers' compensation or other business law matters, please contact Wood, Atter & Wolf, P.A. for legal counsel.