Monthly Archives: December 2015

Written by: Michaella Radich

Two Florida state lawmakers—Republican state Senator Joe Negron and Representative Matt Gaetz—will be introducing daily fantasy sports legislation with the intention of clarifying the industry’s legal status while providing consumer protections. Negron and Gaetz both released statements on the importance of consumer protection in the DFS industry. There have been no reports that DFS users in Florida are currently in any danger of criminal charges.

Bill Basics
The bill draft resembles a bill recently introduced in Illinois, considered to be relatively friendly to the DFS industry. If passed, the bill would operate on an interstate basis.

• The bill borrows language from the Unlawful Internet Gaming Enforcement Act to determine qualifying games.
• The license fee is $500,000 with a $100,000 renewal fee.
• “Any person or entity that offers fantasy games for a cash prize to more than 750 members of the public” would require a license.
• Employees and relatives in household would be blocked from playing games with prizes over $5.
• Players and officials are blocked from participating in any fantasy game that would depend on their individual, real-world performances.
• Players’ funds must be separated from operational funds.
• Each violation of the chapter is subject to a civil penalty not to exceed $1,000.

DFS Climate in Florida
Florida is a DFS hotspot. The Miami Herald reports that in the last month, lobbying efforts have increased, with 10 lobbyists working in the state of Florida for Fanduel and Draftkings. The bill is being introduced at a time when key lawmakers are disinterested in the DFS industry. Senator Rob Bradley, chairman of the Regulated Industried Committee, feels the bill is unlikely to pass in the near future. Attorney General Pam Bondi is “taking a hands off approach,” allowing the U.S. Attorney’s Office to deal with DFS legislation. [Click Here]

Written by: Michaella Radich

Representing immigrants in personal injury cases presents many challenges for attorneys. Unfortunately, because of the unlawful and undocumented status of many immigrants living in the United States, they are commonly employed in low-paying, dangerous jobs, typically in construction, agriculture, and manufacturing. Many undocumented immigrants don’t report the crimes, abuses, or injustices they experience on the job out of fear of being deported.

There are two categories of unauthorized immigrants: those who entered the country without inspection, and those who were inspected, but have stayed past the date on their visas. All unauthorized immigrants face potential detention or deportation. But, it is possible for immigrant clients to obtain lawful immigration status through work authorization cards, issued by the Department of Homeland Security, stays of removal, or requests for humanitarian parole.

Representing an unlawful immigrant is an ethical challenge for attorneys. A lawyer who represents a client involved in fraudulent conduct is required to take remedial measures, which in some cases involves disclosure to the tribunal. While entering the country illegally and working undocumented are not necessarily felonies, pretending to be a U.S. citizen by obtaining false paperwork is a felony. In personal injury cases, it is crucial that the attorney is aware of the client’s status, so he or she can comply with all ethical standards.

A large number of undocumented immigrants are paid under the table, which raises questions about available insurance coverage. It must be determined if the worker is considered an employee or an independent contractor. Courts will consider a variety of factors involving the employers’ right to control in making this determination. Seeking workers’ compensation benefits may provide the quickest recovery, while nullifying potential tort recovery. If seeking tort recovery, then questions about liability claims are raised. Generally speaking, commercial liability policies contain an independent contractor exclusion that rules out coverage for bodily injury of independent contractors.

Vocational and economic loss issues are arguably the most important aspect of the immigrant worker’s case. Questions often arise involving the worker’s ability to seek recovery of loss, and impairment of future earning capacity. Jurisdictions are split on whether or not immigrant workers are able to recover future lost earnings as damages in the tort action.

Blick Law Firm has over 40 years of experience in providing high-quality legal representation and counsel in several areas of practice, including immigration and personal injury law. If you or a loved one have questions regarding immigration or personal injury, call 888-973-2776 to speak with one of our trusted attorneys today! For more information, (Click Here).