#Florida corporate law

[lawofficeofryansshipp]

Asset Sale vs. Stock Sale: Key Considerations for Buying or Selling a Business in Florida

  Florida Real Estate & Business Attorneys Hey everyone, Florida Attorney Ryan S. Shipp here! Thinking about buying or selling a business in Florida? You have two main options: an asset sale or a stock sale. Asset Sale In an asset sale, the buyer purchases specific assets—like equipment, inventory, and customer lists—while the seller usually keeps the liabilities. This gives buyers more…

[baldwinheights]

wow. "chiquita" and "death squads" are not things i expected to see in the same sentence.

[nando161mando]

Huge win for Queerfolk in Florida. The restrictions on providing gender affirming care to trans youth and adults have been found unconstitutional and are now permanently enjoined. Thanks to Simone Chriss and the Southern Legal Counsel.

The full documented decision here: https://storage.courtlistener.com/recap/gov.uscourts.flnd.460963/gov.uscourts.flnd.460963.223.0.pdf

[andrewjbernhard]

Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

Corporate fraud by officers and directors can have serious legal and financial consequences. In Florida, corporate leaders must uphold fiduciary duties to avoid misrepresentation, embezzlement, and insider trading. Learn about it here.

Corporate fraud, particularly when committed by officers and directors of a company, can have devastating consequences. It not only harms shareholders and employees but can also damage the company’s reputation and lead to significant legal and financial liabilities. In Florida, as in many states, the legal framework for holding corporate officers and directors accountable for fraudulent actions…

[attorneysrealtyfl]

Business Contract Formation Attorney

Need assistance with business contracts? Our business contract formation attorney provides reliable legal support to draft, review, and finalize contracts tailored to your needs. Ensure your agreements are clear, enforceable, and protect your interests. Contact us today!

[inkskinned]

one of the things that i think we should pay attention to, socially, about the disney v. desantis thing is that it is really highlighting the importance of remembering nuance.

in a purely neutral sense, if you engage in something problematic, that does not mean you are necessarily agreeing with what makes it problematic. and i am worried that we have become... so afraid of any form of nuance.

disney isn't my friend, they're a corporate monopoly that bastardized copyright laws for their own benefit, ruin the environment, and abuse their workers (... and many other things). this isn't a hypothetical for me - i grew up in florida. i also worked for the actual Walt Disney World; like, in the parks. i am keenly aware of the ways they hurt people, because they hurt me. i fully believe that part of the reason florida is so conservative is because it's been an "open secret" for years now that disney lobbies the government to keep minimum wage down, and i know they worked hard to keep the parks unmasked and open during the worst parts of Covid. they purposefully keep their employees in poverty. they are in part responsible for the way the floridian government works.

desantis is still, by a margin that is frankly daunting, way worse. the alternative here isn't just "republicans win", it's actual fascism.

in a case like this, where the alternative is to allow actual fascism into united states legislation - where, if desantis wins, there are huge and legal ramifications - it's tempting to minimize the harm disney is also doing, because... well, it's not fascism. but disney isn't the good guy, either, which means republicans are having a field day asking activists oh, so you think their treatment of their employees is okay?

we have been trained there is a right answer. you're right! you're in the good group, and you're winning at having an opinion.

except i have the Internet Prophecy that in 2-3 months, even left-wing people will be ripping apart activists for having "taken disney's side". aren't i an anti-capitalist? aren't i pro-union? aren't i one of the good ones? removed from context and nuance (that in this particular situation i am forced to side with disney, until an other option reveals itself), my act of being like "i hope they have goofy rip his throat out onstage, shaking his lifeless body like a dog toy" - how quickly does that seem like i actually do support disney?

and what about you! at home, reading this. are you experiencing the Thought Crime of... actually liking some of the things disney has made? your memories of days at the parks, or of good movies, or of your favorite show growing up. maybe you are also evil, if you ever enjoyed anything, ever, at all.

to some degree, the binary idealization/vilification of individual motive and meaning already exists in the desantis case. i have seen people saying not to go to the disney pride events because they're cash grabs (they are). i've seen people saying you have to go because they're a way to protest. there isn't a lot of internet understanding of nuance. instead it's just "good show of support" or "evil bootlicking."

this binary understanding is how you can become radicalized. when we fear nuance and disorder, we're allowing ourselves the safety of assuming that the world must exist in binary - good or bad, problematic or "not" problematic. and unfortunately, bigots want you to see the world in this binary ideal. they want you to get mad at me because "disney is taking a risk for our community but you won't sing their praises" and they want me to get mad at you for not respecting the legit personal trauma that disney forced me through.

in a grander scheme outside of disney: what happens is a horrific splintering within activist groups. we bicker with each other about minimal-harm minimal-impact ideologies, like which depiction of bisexuality is the most-true. we gratuitously analyze the personal lives of activists for any sign they might be "problematic". we get spooked because someone was in a dog collar at pride. we wring our hands about setting an empty shopping mall on fire. we tell each other what words we may identify ourselves by. we get fuckin steven universe disk horse when in reality it is a waste of our collective time.

the bigots want you to spend all your time focusing on how pristine and pretty you and your interests are. they want us at each other's throats instead of hand in hand. they want to say see? nothing is ever fucking good enough for these people.

and they want their followers to think in binary as well - a binary that's much easier to follow. see, in our spaces, we attack each other over "proper" behavior. but in bigoted groups? they attack outwards. they have someone they hate, and it is us. they hate you, specifically, and you are why they have problems - not the other people in their group. and that's a part of how they fucking keep winning.

some of the things that are beloved to you have a backbone in something terrible. the music industry is a wasteland. the publishing industry is a bastion of white supremacy. video games run off of unpaid labor and abuse.

the point of activism was always to bring to light that abuse and try to stop it from happening, not to condemn those who engage in the content that comes from those industries. "there is no ethical consumption under late capitalism" also applies to media. your childhood (and maybe current!) love of the little mermaid isn't something you should now flinch from, worried you'll be a "disney adult". wanting the music industry to change for the better does not require that you reject all popular music until that change occurs. you can acknowledge the harm something might cause - and celebrate the love that it has brought into your life.

we must detach an acknowledgment of nuance from a sense of shame and disgust. we must. punishing individual people for their harmless passions is not doing good work. encouraging more thoughtful, empathetic consumption does not mean people should feel ashamed of their basic human capacities and desires. it should never have even been about the individual when the corporation is so obviously the actual evil. this sense that we must live in shame and dread of our personal nuances - it just makes people bitter and hopeless. do you have any idea how scared i am to post this? to just acknowledge the idea of nuance? that i might like something nuanced, and engage in it joyfully? and, at the same time, that i'm brutally aware of the harm that they're doing?

"so what do i do?" ... well, often there isn't a right answer. i mean in this case, i hope mickey chops off ron's head and then does a little giggle. but truth be told, often our opinions on nuanced subjects will differ. you might be able to engage in things that i can't because the nuance doesn't sit right with me. i might think taylor swift is a great performer and a lot of fun, and you might be like "raquel, the jet fuel emissions". we are both correct; neither of us have any actual sway in this. and i think it's important to remember that - the actual scope of individual responsibility. like, i also love going to the parks. Thunder Mountain is so fun. you (just a person) are not responsible for the harm that Disney (the billion dollar corporation) caused me. i don't know. i think it's possible to both enjoy your memories and interrogate the current state of their employment policies.

there is no right way to interrogate or engage with nuance - i just hope you embrace it readily.

[asalescommunity]

In terms of being in a sales community, a former salesperson is not working in a sales department.

However, salespeople should remember that even if a prospect doesn`t buy a product from a salesman, or a saleswoman, a behaviour with a hospitality should remain.

All those who want to work as the salesman, or the saleswoman you are welcomed for a sales training here.

Speaking as a former salesperson who just experienced this from a current salesperson: If you can’t convince your potential client to buy your Thing™, even if you spent a lot of time and are on commission and they seemed like they were going to buy your Thing™, ending your sales pitch with some variation of, “Well I hope you enjoy (negative consequence of not buying my Thing™)” as a parting shot doesn’t win you any points. You’re actually convincing the person they made the right decision refusing, because nobody trusts a salesperson who is ungracious and rude when they don’t get their way.

[tumblebagel]

FOR ALL TRANS PEOPLE IN FLORIDA

Hi. I've been meaning to make a post like this for quite a long time now. As a person who's been trans in this state for... a while, I felt like I could be helpful by posting my catalogue of knowledge.

I also need to apologize in advance. I need to give you the facts and the current policies before I can give you the hope that you're looking for. I promise, there is hope. I swear it. But being well informed is my first priority for you right now, because it's the only thing I can do to make sure that you, the reader, stay safe. Okay?

Do me a favor and take a deep breath before you hit “Keep Reading,” alright?

The Facts.

Florida's bathroom laws are fucked. If you hear the term "Safety in Private Spaces Act" that is the exact law fucking trans people over. It was passed in 2023, and people are not afraid to use it. It only DIRECTLY applies to public state-owned buildings. If you attempt to enter a bathroom that does not match your sex, and you are at:

A public school

A state owned library

A state owned govt building (city hall, etc.)

Then you can, and likely WILL be arrested.

If you are in ANY restroom on the aforementioned properties, and are presenting as gender nonconforming, OR you're presenting as a gender that doesn't match the restroom you entered, you may still face harassment, and the police being contact anyways, although they won't have grounds for arrest. It's very much a lose-lose situation.

As someone who's worked at a public library in Florida for the past 5 years now, you can take all of the information above as a first hand reference.

While the "Safety in Private Spaces Act" is only DIRECTLY targeted at state owned & public buildings, private property needs to be taken at a case-by-case basis. People can still call the police, and if you're not certain that the people who own the location will defend you, it can be quite risky. Here's a list of common stores & restaurants and stuff that have protection policies in place for trans people using the restroom there (AKA, the GOOD ones).

Target

Starbucks

Barnes & Noble

Chipotle

Sears

Whole Foods

There's also this site: https://www.refugerestrooms.org where you plug in your address, and it lets you know if there are safe restrooms nearby. I believe it also has an app? I've heard some concerns about how often it's updated, but a resource is a resource. Also ALWAYS be careful when inputting your data (including your location) online. Be sure that the site is secure, and trusted by other members of the community to, you know, not be shipping off your data to corporations or the current government.

You can also look for businesses with "family restrooms" which people might give you a weird look if you leave one alone, but more often than not they'll just assume whatever happened was simply too embarrassing for a public stall. Disney property is also surprisingly quite good at those with their "companion restrooms" you'll sometimes see.

On the exact opposite end of the spectrum, I've made plenty of use of shiiiiiiiiiiiiiitty gas stations in my day. As in gas stations so tiny and run down in the middle of nowhere that they simply CANNOT AFFORD a second stall. It ain't hygienic by any stretch of the imagination, but neither is the back of a police cruiser.

Last resort, and I mean LAST resort, is personal bathrooms in the houses of allies. If you have a trusted support group, and their addresses, congratulations, consider that your gender-neutral bathroom map. They're almost assuredly not convenient, but some days they're the ONLY comfortable places to go.

Trans people are twice as likely to get a UTI in their life as cis people, simply from trying not to use a restroom. So first and foremost, please please please stay safe out there.

Second order of note is HRT.

I feel the need to very explicitly say DIY HORMONES CAN BE VERY DANGEROUS. You need consistent bloodwork done to make sure your body is handling the treatment properly. In addition, improper dosage can lead to a bunch of awful symptoms, including tolerance to the medication. Please, work with a physician who can make sure you stay safe, don't do DIY unless it's your absolute last resort.

ITS ALSO VERY IMPORTANT TO NOTE, that if you're a minor, you cannot begin gender affirming care in Florida, and if you are caught with it, Florida authorities have grounds to revoke your parents' custody. That is shit. I know that is shit. I was very recently a minor tearing my hair out trying to get HRT. While I'm now legally considered """an adult""", I still very very very much feel that pain. Comments are open if you'd like to scream a bit.

For people over 18, there are a bunch of additional restrictions in place for setting up care. First of all, with the informed consent model, you need to sign all of the paperwork *in-person* with the prescribing physician, which completely cuts out any Telehealth options. You'll also be pretty hard pressed to FIND a clinic willing to prescribe it.

I can't personally recommend Plume. I was on a several month long waiting list, only to have my appointment cancelled because a bill went into effect the week before I was supposed to go sign the informed consent paperwork. That being said, I know too many trans people here who LOVE Plume to denounce it. The pricing and services it offers sounds almost too good. The organization has helped a lot of people, so the most I can say is:

1: Do your research.

2: Don't feel tied down if it doesn't work out.

If you want to know how I, personally, started my care, I think it's now time to switch over from the Facts to the Hope.

The Hope.

Planned Parenthood.

I made my first appointment in South Carolina to try and circumvent that law that cancelled my Plume appointment. You'll want to do your research on what Planned Parenthood location you're going to, because not all of them provide the same services. That being said... worse case scenario... South Carolina really ain't too far away, as long as you've got a free weekend for a road trip there and back.

I'm getting off track, Planned Parenthood is amazing. The people there are REALLY nice. My physician very much has an "OH MY GOD YOU'RE GONNA LOVE IT" energy about her.

I scheduled my first appointment just a week out, though timing may vary now that a lot more pressure is being put on them. Hours after my first appointment I had both estradiol and spironolactone physically in my hands, and the biggest dorky grin on my face.

In terms of access, this is probably one of the BEST options at your disposal. Please be sure to do some research beforehand about appointment costs, and medication costs, especially since insurance REALLY isn't going to want to cover it.

Once you're ready, mentally and financially, the power to get GAHT is in your hands.

Also, now when I take their post-appointment survey, I can say "yes, I would recommend this location to someone else" :D

A lot of public universities have been implementing more gender neutral bathrooms, and can potentially even provide you a map of where they are on campus if you ask.

Name change forms are also easily accessible for most schools if you ask, both for social recognition with teachers, and digital changes in academic portals and websites.

While LGBTQ+ oppression hasn’t gone down, neither has our fighting. You’ll see more pride pins and flags than ever, especially in the cities.

If you need mental/emotional help or support, I can't recommend anyone more than the Trevor Project:

https://www.thetrevorproject.org

Their help hotline is entirely confidential. Life as a trans person is hella stressful, and living in Florida can make that a lot worse. Whatever you're going through right now, I can tell you that there are people ready and willing to accept you and care for you.

I've also gotten glowing reviews from my sibling about the Orlando Youth Alliance. If you're a trans minor in Florida, you may not be able to get HRT... but you can occasionally get a trip to Disney World.

https://orlandoyouthalliance.org

Lastly, if you're out and about in Florida, and you see a girl in a black-grey hoodie, a big chunky heart necklace, and 1/2 peach colored hair dye, feel free to go up to her and tell her "I like your shoelaces," and you can get a free hug, no questions asked.

Keeping Tabs.

I'm gonna do my best to keep updating this post as much as I can. I've assuredly forgotten something. News details and policy updates will be my main focus. If you think of something important you'd like me to add, please don't hesitate to let me know

[rjzimmerman]

Excerpt from this story from The Desert Sun:

All of America's national monuments must be reviewed for potential oil and gas drilling and mining reserves, critics say, per bureaucratic language tucked deep in a sweeping order issued on Monday by newly sworn-in Interior Secretary Doug Burgum.

His order 3418, “Unleashing American Energy,” mandates that the Interior Department finish its initial monument review by Feb. 18.

That means 157 locations in 33 states and several national territories — including the freshly designated Chuckwalla National Monument and Sattitla National Monument in California — could be subjected to the expedited 15-day review, and attempts could be made to "revise" their boundaries.

Monuments protect cultural and historic resources and the lands that contain them, and are created by Congress or U.S. presidents. California has more monuments than any other state, with more than 4 million acres likely under review, one expert said, from popular desert off-roading trails to massive coastal redwoods. They include Mojave Trails, Sand to Snow, Carrizo Plain, Muir Woods, Devils Postpile, Cabrillo, Lava Beds, California Coastal, Sequoia NF, Cesar Chavez, Fort Ord, San Gabriel Mountains, Berryessa Snow Mountain and Castle Mountains.

The relevant portion of Burgrum's order includes “actions to review and, as appropriate, revise all withdrawn public lands, consistent with existing law, including 54 U.S.C. 320301 and 43 U.S.C. 1714."

Although not spelled out in plain English, those sections of code govern the Antiquities Act of 1906, under which 20 U.S. presidents have set aside millions acres of land and historic sites, from Alaska to Florida.

[Additional information from a story from Inside Climate News:

The order calls on the Interior’s assistant secretaries to identify in their action plans how to accomplish “actions to review and, as appropriate, revise all withdrawn public lands” under the Antiquities Act of 1906, the law that allows presidents to create national monuments, and the Federal Land Policy and Management Act of 1976, which outlines how federal lands can be used and allows for the establishment of national wildlife refuges and more. ]

Many Republican lawmakers have criticized presidents' use of the Antiquities Act to block mining, fossil fuels and other industrial development on federal monument lands.

But myriad environmental, hunting and fishing groups sharply condemned Burgum's actions, once the meaning became clear.

"Burgum knows that attacking monuments is incredibly unpopular, which is why he won't even use the words 'national monuments' or 'Antiquities Act' in his orders. He's trying to operate in secret here, and definitely does not want any public input," said Aaron Weiss, deputy director of Center for Western Priorities.

"This is a sneaky, unpatriotic attack that strikes at the very foundation of the country’s beloved public lands," a coalition of groups said in a news release condemning the order. "These national treasures are broadly beloved. They safeguard our water, buoy the outdoor recreation economy, protect our trails, and preserve a national heritage rich in culture and natural beauty. Attacks on the outdoors, such as this order from Secretary Burgum, threaten the $640-billion recreation economy, putting millions of jobs at risk."

The statement added that "the order fails to recognize that oil production hit record highs under the Biden administration. This isn’t about energy dominance. Washington politicians and their billionaire advisors have an unpatriotic anti-public lands agenda that aims to dismantle our national monuments for corporate polluters."

And here's a statement from the Conservation Lands Foundation:

These orders also willfully ignore the rural residents and communities whose personal and local incomes rely on these lands being protected from privatization. Outdoor recreation on BLM lands contributes more than $11 billion to the economy and substantial income to individuals, small and large businesses, and rural communities through hunting, fishing, camping, climbing, riding off-highway vehicles, and many other activities. 

With roughly 85% of BLM lands already available for energy production–and roughly half of existing oil and gas leases not being used–it's crystal clear that these recent orders targeting the 15% of public lands that are protected for the public’s use have nothing to do with the nation’s energy portfolio.  

There’s really no explanation other than this administration is trying to sneakily and greedily sell off the 15% of protected public lands to the wealthy and well-connected, thereby blocking access for everyone else. It’s an attack that flies in the face of America’s ideals and the Conservation Lands Foundation will be unrelenting in our fight on the side of the people–85% of voters in the west–who support keeping public lands in the public’s hands.

More information from the story from Inside Climate News:

Secretary Burgum’s order would also weaken protections for migratory birds, whose numbers are declining because of climate change, disease, changes in land use and habitat loss. 

In North America, there are 3 billion fewer birds now than in 1970, according to federal documents. The populations of many of the 1,093 species protected under the Migratory Bird Treaty Act are also declining.

The intention of the Migratory Bird Treaty Act is to curb those losses by prohibiting the accidental killing and incidental takes—killings that are unintentional but not unexpected—of protected birds.  

In his first term, President Trump weakened the MBTA to prohibit only deliberate killings of migratory birds, not incidental takes. The rule benefited business, development and energy companies because it “significantly reduced the activities that would result in liability,” according to the National Law Review. For instance, ponds of toxic waste that accidentally poison birds were no longer subject to the act’s restrictions.

The Biden administration rescinded the Trump rule and restored some protections for migratory birds while granting several exemptions for incidental takes.

The latest order would reinstate the rules implemented during the first Trump administration.]

[thelezzer]

the stonewall museum is hosting a corporate sponsored, cop-staffed "re-enactment" of the stonewall riots this saturday.

this is the stonewall MUSEUM in florida, not the original inn in new york

"Local police departments and other community members will play a role in the re-enactment. As the reenactment concludes, which will go from conflict to resolution in 30-minutes, a large rainbow flag will be unfurled to symbolize the progress made over the last 55 years between law enforcement and the LGBTQ+ community."

the stonewall riots started because of police violence. the patrons of the stonewall inn fought back after a raid of the bar by the new york city police. the police made a routine of raiding gay bars: ripping people away from their lovers, scrutinizing their dress for non-conformity, then beating them and hauling them away.

now, police in florida are being tasked with enforcing the state's new wave of anti-queer laws. who will arrest teachers who stock books with gay characters in their classrooms? who will arrest drag queens for public indecency? who will arrest a trans person trying to use the bathroom? the very same police who will be staffing this event to play pretend at arresting queer people for being queer.

this event is an attempt to whitewash our history and rehabilitate the image of police.

to make matters worse, the event is courting corporate sponsors. companies can receive the labels objector, agitator, protestor, resistor, fight back, and rise up for donations between $5,000 and $100,000. donations over $50,000 grant a license to use the stonewall inn name and logo for corporate materials. this allows businesses to profit off the lgbtq community's history of resistance and use our struggles as marketing.

i suggest that people local to this free event show up and let our voices be heard. do not allow this event to go off without a hitch. please be cautious given the obvious police presence (funny how police make a "stonewall" event an unsafe place to protest, isn't it?).

for people not in the area, write to the RSVP email Monique@stonewall-museum.org, flood their Instagram comments, and spread the word.

[eugenedebs1920]

How did we get here? How did we get to a place where everything is a conspiracy theory? A place where experts are discredited. A place where the press is seen by many as the enemy of the people. A place where science is disputed. A place where women aren’t trusted with their own bodily autonomy. A place where the labor force is every day having safety protocols removed. A place where it isn’t safe to love who you love without fear of reprimand. Is this our country? Does the Constitution still stand? Are we the United States of America?

The results of the 2020 election gave rise to the fact that almost 8 million more

People voted for Biden over Trump. The 2016 election showed that 3.5 million more people voted for Hilary over Trump. In 2012 Obama got 5 million more votes than Romney, and 10 million more than McCain in 2008!

What does this tell us? It tells us, by and large the population is more liberal, more open minded, more inclusive, more willing to listen to ideas and opinions different from their own. Thats damn near the definition! Liberal: inclined to be open to ideas and ways of behaving that are not conventional or traditional : BROAD-MINDED, TOLERANT That’s Webster definition.

So why then are we at a place where women’s rights are taken from them? Why are we eliminating the scientists and experts who’ve worked at their agencies for years? Why are we stripping regulations away and allowing industries to pollute as much as they want? Why are labor rights being gutted? Why are lgbtq rights being denied? Why are banks allowed to prey on consumers? Why do corporations not have to pay their share in taxes into our nation?

It’s complicated. Yet it comes down to a few things. Greed, slavery, and Republicans.

Greed is an addiction. Studies have shown the same reward centers in your brain release dopamine and serotonin in the same fashion when you use cocaine as when you receive money. So these oligarchs, these CEO’s, these Wall Street billionaires, they’re all looking for the same fix as the guy on the corner asking you for change. They’re junkies. The big difference between the guy in the corner and Elon Musk is, that the guy on the corner doesn’t have government contracts, the guy on the corner isn’t in constant contact with Putin, the guy on the corner isn’t trying to buy an election. He just wants a hit.

When our nation was founded it was a time of upheaval and uncertainty for the 13 colonies. We were embattled with the most powerful military in the world of that time, England. The Spanish were in Florida, the French in Louisiana, and we had the natives whose land we were actively taking. Thats a whole lot of conflict for an emerging nation to endure. The survival of our country depended upon our ability to be a unified front against the aggression coming at us. If it was thirteen different countries fighting their own little wars, there was no way we could have defended against such perilous forces.

There was one little problem though. Although the north did have slaves the numbers paled in comparison to that of the south. The whole labor force of the south was a slave labor force. There were many who saw the unethical concept of slavery and wanted it abolished in the new world. Alas this was not the time for battles of morality.

Due to the smaller population sizes of the south, due in large part to the slave labor force vs the plantation owners, a compromise was made. An electoral process that would eventually be known as the electoral college.

What does this have to do with Republicans? Weren’t they the party of Lincoln? Yes. I’m getting to that. Fast forward a couple hundred years ish to the early 1960’s. All those people who were brought here as slaves, freed but never given freedom. It was time to end the segregation and oppression. The Civil Rights Act was signed into law in 1964 by Lindon Johnson. There was a mass exodus of the Democratic Party from those in the southern states. The CRA was an affront on their entire belief structure. Now, black Americans, whose loyalty had lied with the Republican Party, due to Lincoln’s affiliation, now sided with the Democrats. All the white southern Democrats (Dixiecrats) jumped ship and went Republican.

As this country progresses the diversity goes along with it. The ideas of old, the highly religious, dogmatic principles have had their margins slimmed. Instead of adapting with the culture, instead of representing that in which their constituency evolved to, they devised a plan. A plan of obstruction and cheating, of making it so that the minority could rule over the majority.

There have been more calls to abolish the electoral college (article II of the U.S. Constitution) than any other ratifications to the constitution, 700 times it has been proposed. In the later part of the twentieth century (1969-1970 congress) was the closest it’s gotten to abolishment. Those who oppose its removal claim the “one person one vote” concept leaves smaller state populations less represented. Yea. Your point?! Why are we lessening the voice of millions to appease a couple hundred thousand?! Because Republicans would lose their power to control even without the numbers.

I could go on and on, showing statistics and giving examples but the election is near and I can’t write a novel right now. I can post a link to my Substack where I dive deeper into the subject. Let’s move on.

The representation in the senate, population wise, is a joke! There’s senators from states whose population isn’t a third of others who stand in the way of progress. Who obstruct the changing of the times. The House of Representatives has had their districts so gerrymandered that they can disenfranchise tens of thousands to retain their seats (this is not only Republicans who do this, just for transparency, but it’s a much higher percentage than Democrats). Think about Kentucky. Kentucky’s 4.5 million residents stole two Supreme Court appointments through Mitch (the turtle) McConnell. California has over 39.5 million residents, New York has almost 21 million, Illinois nearly 12 million all Democratic senators. Yet the Republican state of f*ckin Kentucky, with its 4.5 million residents was able to dictate laws in the whole of our country for the next 30 years!!! That’s not how democracy works!!

Now it’s gotten to the point where there are 7-9 states that dictate the future for the nation at large. This minoritarian rule is not democracy. This is reaching a tipping points towards authoritarianism.

I thought Obama did some great things, got us out of the Republican made Great Recession, and the housing crisis Bush’ deregulation caused. The thing that he did that irritates me, is he left roughly 200 open federal judge appointments unfilled. I don’t know if it was arrogance, thinking Hillary would win or why he didn’t fill them.

Trumps not a smart man. He’s an actor. Not a good one at that, but let’s call him a showman. The religious right, in the Heritage Foundation and the Federalist Society had, for decades been waiting for the proper stooge to do their bidding. Harlan Crow and others got the most ideologically backward, extreme right wing judges on the courts. Mind you these are lifetime appointments. Now the high courts will take up absurd cases to throw them up to the Supreme Court and it’s 6-3 MAGA super majority (thanks Kentucky!) and have those partisan hacks work it out to be the least favorable decision for a majority of the population.

It is 70% of representation is controlled by 30% of the population. This is absurd. That means that every Republican vote is worth nearly 2 Democratic votes. Republicans are well aware of this (maybe not the voters but the leadership). This is a beginning step towards autocratic rule. When a minority dictates law for the majority. Unacceptable.

What can we do? Nothing right now. Yet we put pressure on our senators and representatives, the governors of our state and contact the White House. I write my senators to bitch about one thing or the other monthly and about quarterly I contact the White House. Hey! They work for us! Tell your employees what you want from them. Vote! Vote early, vote often. Vote in your local elections, they mean more than you may think. Get your friends and family, neighbors and acquaintances out to vote, offer riders to the polls. Stay informed and educate yourself. The future is yours. Who do you want making the decisions?

[seraphtrevs]

how do you feel about lydia/kim?? personally i find it very compelling... kim's mischievous side with lydia, who is very uptight yet still willing to break the law... i think they'd have a lot of fun but it would be toxic afff

ooh yes, i think they're super fun! instead of heading off to florida and another life after her divorce, what if kim decided to stay a lawyer - instead of punishing herself by taking on a punishingly dull life with a punishingly dull boyfriend, she instead decides what she deserves is to go back to the soulless corporate lawyering that was killing her soul. and instead of looking for a bore like what's-his-face, she looks for someone who is as bad as she is. a lawbreaker hiding in plain sight, just like her. they could get up to a lot of evil business shenanigans

[justinspoliticalcorner]

Lisa Needham at Daily Kos:

Conservative Texas District Judge Reed O’Connor took time out of his packed schedule of trying to destroy the Affordable Care Act to hand down a genuinely unhinged decision. According to O’Connor, American Airlines violated federal law by offering 401(k) plans that included funds managed by investment companies with environmental, social, and corporate governance (ESG) goals. It’s the newest—and dumbest—front in the war on “woke.”  The Employee Retirement Security Act of 1974 (ERISA) requires people who manage retirement investments to act in the best interests of their participants. This is a good thing! It means that fund managers can’t put their own financial interests first and must diversify a fund’s investments to minimize the risk of significant losses.  This lawsuit arose when a former pilot sued American Airlines in 2023, saying it violated ERISA by mismanaging 401(k) funds. Was it because somehow the company lined its pockets with the hard-earned cash of retirees? Nope. Was it because the company’s 401(k) funds were performing terribly? Nope. It was because American Airlines hired BlackRock, the world’s largest asset manager that oversees trillions of investment dollars, to manage its retirement funds. Several years ago, BlackRock started positioning itself as a leader in its focus on environmental sustainability in investing. In 2021, BlackRock, then the second-largest holder of Exxon stock, cast a proxy vote on behalf of activist investors who wanted climate-conscious directors on the corporation’s board.  Lest this make it sound like BlackRock was just one step away from partnering with Greta Thunberg or something, the company still has billions invested in fossil fuels and runs the world’s largest Bitcoin fund. It’s a fund manager, not Santa Claus. BlackRock also spent the last year retreating from its previous support for climate activism, which is unsurprising given that 11 red states recently sued over it.  The usual suspects, like Florida, Louisiana, and Texas, have also pulled state assets out of BlackRock, but the American Airlines lawsuit was the first successful attack on ESG investing in 401(k) plans. 

[...] Conservatives are treating the elimination of ESG and DEI efforts as if the boot of government is finally off their backs, allowing corporations to finally unleash their true potential. But these sorts of actions—committing to net zero emissions and ensuring diversity and equity in the workforce—weren’t the scary, woke socialist ideas of Barack Obama, Joe Biden, or Nancy Pelosi. Rather, they’re actions that corporations took in an attempt to make themselves appear more attractive within a capitalist, free-market framework.  But conservatives are no longer interested in a free market—hence the screaming about “woke capitalism.” With Trump back in office, they’ll get to use the heavy hand of government to reward only the corporations that share Trump’s climate-denying, white supremacist, anti-trans views. 

The right’s war on ESG and DEI will have disastrous consequences.

[probablyasocialecologist]

A federal judge issued a temporary injunction this month that partially blocked enforcement of Florida’s ban on gender-affirming care for minors. In a 44-page opinion, Judge Robert Hinkle offered a lengthy rebuke of the arguments presented by the state of Florida to medically justify banning gender-affirming care—which happen to be many of the same arguments that corporate media have uncritically parroted. In the ruling, Hinkle wrote: In support of their position, the defendants have proffered a laundry list of purported justifications for the statute and rules. The purported justifications are largely pretextual and, in any event, do not call for a different result. To bolster their legal case, Florida Gov. Ron DeSantis’ administration hired consultants and expert witnesses from anti-trans organizations, including the American College of Pediatricians (ACPeds), which has been designated a hate group by the Southern Poverty Law Center, to make false and misleading claims about the science behind gender-affirming care. Right-wing media outlets regularly give such sources a platform to make those claims (e.g., Fox News 3/30/23; New York Post, 1/30/23; Federalist, 2/1/23), but centrist outlets, too, often credulously air such claims, laundering them for a mainstream audience.

[andrewjbernhard]

Litigating Disputes Between Corporate Management in Florida: Legal Insights and Case Law

Facing a corporate management dispute in Florida? Learn how to navigate legal challenges, from fiduciary duties to shareholder rights, with our latest article.

Disputes among corporate management can create significant challenges for any business. In Florida, as in other jurisdictions, these conflicts—whether between board members, executives, or shareholders—can lead to costly litigation, regulatory scrutiny, and reputational damage. When corporate governance issues, breach of fiduciary duty, or executive disputes escalate, litigation may be the only…

[religion-is-a-mental-illness]

By: Leor Sapir and Colin Wright

Published: Jun 9, 2023

A federal court on Tuesday temporarily blocked enforcement of a Florida law that prohibits the administration of sex-change procedures on children under 18. The opinion, by Judge Robert L. Hinkle, leans heavily on medical and scientific rationales to argue that it is unconstitutional to ban the use of puberty blockers, cross-sex hormones and surgery on teenagers who feel alienated from their bodies.

Twenty states maintain age restrictions on sex-change procedures, and the problem they face is explaining to judges that American medical associations aren’t following the best available evidence. This is known to European health authorities and has been reported in such prestigious publications as the British Medical Journal. But American judges need some way to evaluate conflicting scientific authorities—especially as institutions responsible for ensuring that medical professionals have access to high-quality research aren’t functioning as they should.

A case in point: Springer, an academic publishing giant, has decided to retract an article that appeared last month in the Archives of Sexual Behavior. The retraction is expected to take effect June 12.

The article’s authors are listed as Michael Bailey and Suzanna Diaz. Mr. Bailey is a well-respected scientist, with dozens of publications to his name. The other author writes under a pseudonym to protect the privacy of her daughter, who suffers from gender dysphoria.

Their new paper is based on survey responses from more than 1,600 parents who reported that their children, who were previously comfortable in their bodies, suddenly declared a transgender identity after extensive exposure to social media and peer influence. Mr. Bailey’s and Ms. Diaz’s sin was to analyze rapid onset gender dysphoria, or ROGD. Gender activists hate any suggestion that transgender identities are anything but innate and immutable. Even mentioning the possibility that trans identity is socially influenced or a phase threatens their claims that children can know early in life they have a permanent transgender identity and therefore that they should have broad access to permanent body-modifying and sterilizing procedures.

Within days of publication, a group of activists wrote a public letter condemning the article and calling for the termination of the journal’s editor. Among the letter’s signatories is Marci Bowers, a prominent genital surgeon and president of the World Professional Association for Transgender Health, an advocacy organization that promotes sex changes for minors.

Nearly 2,000 researchers and academics signed a counter letter in support of the article. Springer nonetheless decided to retract the paper without disciplining its editor. Springer initially asserted that the study needed approval from an institutional review board. But it quickly abandoned that rationale, which was false.

The publisher now maintains that the retraction is due to improper participant consent. While the respondents consented to the publication of the survey’s results, Springer insists they didn’t specifically agree to publication in a scholarly or peer-reviewed journal. That’s a strange and retrospective requirement, especially considering that Springer and other major publishers have published thousands of survey papers without this type of consent.

Anyone familiar with the controversy over transgender medicine knows what is going on. Activists put pressure on Springer to retract an article with conclusions they didn’t like, and Springer caved in. We’ve become accustomed to seeing these capitulations in academia, media and the corporate world, but it is especially disturbing to see in a respected medical journal.

Rather than appreciate the long-term risk to itself and the scientific community from doing the bidding of activists, Springer has instead agreed to evaluate and retract all survey papers that lack the newly required consent. If Springer follows through on its promise, hundreds of authors who chose to publish in Springer’s journals may have their research retracted.

The publications that support what they call “gender-affirming care” rely heavily on surveys. The U.S. Transgender Survey of 2015, for instance, has generated several influential papers. As it happens, the USTS didn’t inform participants that their answers would be published in peer-reviewed journals.

This kind of double standard runs through gender-medicine research. Papers advocating “gender transition” are readily accepted by leading scientific journals despite having grave methodological flaws and biases. Work that questions gender-transition orthodoxy stands almost no chance of being published in the best-known journals. Every now and then, an errant research paper slips past the censors, but should it prove significant enough to threaten the settled science narrative, retribution is swift and merciless. The researcher Lisa Littman learned this lesson in 2018, when she was widely attacked after publishing on the topic. Mr. Bailey and Ms. Diaz are learning it now.

The idea is to manufacture the appearance of scientific consensus where there is none. The pseudo-consensus then allows such American medical associations as the American Academy of Pediatrics and the Endocrine Society to recommend body-altering procedures for children.

While many Americans have heard news about the wave of states passing legislation that curbs sex changes for the young, few realize that an equally fierce, and arguably far more important, battle is raging: the battle for the integrity of the scientific process. It is a fight for the ability to have censorship-free scientific debate as a means to advance human knowledge.

==

Here's the thing: even if it's wrong, you refute it by making a better scientific case, with better evidence. You show where the flaws are. You don't throw a hissy-fit and cry until it goes away.