Business and Legal Insights

To address the shortage of affordable housing, the Florida legislature passed the “Live Local Act” (the “Act”), the State’s most impactful housing legislation in decades.Read More

The Live Local Act (SB 102) (the “Act”), amends multiple provisions of the Florida Statutes with the overarching purpose of spurring additional development of affordable housing in the State. Importantly, for qualifying affordable housing projects, the Act preempts local zoning codes and comprehensive plans with...Read More

In a recent case, Florida’s Second District Court of Appeal offered a reminder that the fundamental—and limited—purpose of a preliminary injunction is to maintain the status quo.Read More

On September 29, 2022, the Internal Revenue Service (the “IRS”) announced certain tax relief for victims of Hurricane Ian in Florida, specifically affected taxpayers will now have until February 15, 2023, to file various federal individual and business tax returns and make tax payments.Read More

On June 27, 2022, Governor Ron DeSantis signed “Miya’s Law” (SB 898) into law which is designed to increase safety for residential tenants and significantly impacts the duties of Florida landlords and property managers.Read More

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such a review is necessary because...Read More

More than one business owner this week has wondered aloud: “Why is my lawyer spending so much time (and, therefore, money) on the minutiae of the Operating Agreement? Does any of that matter, anyway?”  In response to that question, Florida’s Third District Court of Appeal (Third DCA) reminds us that the rights granted by an...Read More

In a recent case, Florida’s Second District Court of Appeal (“Second DCA”) held that a commission-splitting agreement—even a very lopsided one—should not be analyzed under Florida’s restrictive covenant statute because such an agreement is not a “restraint of trade” under Florida law.Read More

Whether as a result of market conditions, evolving golfer preferences, or the financial realities of operating a golf course, golf courses in Florida regularly change hands. This blog post highlights some key issues to account for when preparing to purchase or sell a golf course in Florida.Read More

Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision in a divorced couple’s property settlement agreement (“PSA”).  Section 57.105(7) of the...Read More

The amendment of Fla. Stat. 409.2576, which became effective Oct. 1, 2021, is a significant change for Florida businesses and imposes new requirements for employers who were not previously affected.Read More

To defray expenses for those hit the hardest by COVID-19, the Federal Emergency Management Agency (FEMA) is reimbursing funeral expenses for deaths attributable to COVID-19. Read the blog below for more information on the application process. Read More

Governmental action burdening private property does not always amount to a taking of private property. In such instances, private property owners may be able to recover damages against state and local entities in Florida under the Harris Act, although they still face a high hurdle.Read More

In Florida, when two or more co-owners of real property disagree over its use or management, one mechanism to resolve such disagreement is by partition.Read More

Among the key elements that make up a typical Business Continuity Plan (“BCP”) are guides and procedures addressing emergency action to manage business functions and maintain operations.Read More

House Bill 625 (2021) amends Sections 733.6167 and 736.1007 of the Florida Statutes to require attorneys to make written disclosures for attorney fees in trust and estate administrations.Read More

The success of the modern internet can, in many ways, be traced to the passing of the watershed law of internet regulation that provides immunity from civil lawsuits for platforms or other internet intermediaries that publish the content of others. This law, Section 230 of the Communications Decency Act (or “Section 230”...Read More

This is the second of a multi-part series of blog posts which will introduce the concept of Business Continuity Planning and explain the elements that go into making a typical Business Continuity Plan.Read More

Common estate planning misconceptions, as well as a lack of focus on legacy planning, have resulted in a number of common myths which have led people to believe that an estate plan is unnecessary. With 2021 well-underway, it is important for individuals, families, entrepreneurs, and estate holders to reevaluate the untruths...Read More

Most organizations are woefully unprepared for an inevitable interruption to normal business activities. Often, the difference between a company of great value that survives for generations and those that are merely a passing concern is the ability to plan for, adapt to, and survive the unexpected.Read More

Florida’s ports are critical to the state’s economy and development - serving as the focal point for the movement of goods and people into and out of the U.S., generating well-paying jobs, supporting business and recreation, and contributing to state and local tax coffers. Notwithstanding the importance of Florida’s...Read More

Agricultural classification of land under the Greenbelt Law affords property owners substantially lower real property taxes compared to taxes on property classified for other purposes. Given the potential for abuse of the Greenbelt Law by speculative developers, property owners must adhere to specific requirements in...Read More

Although changes to the National Flood Insurance Program (NFIP) have been under consideration for some time in order to bridge the gap between premiums and expenditures, new rates for all NFIP-insured properties will go into effect on October 1, 2021 pursuant to a major overhaul of the NFIP referred to as “Risk Rating 2.0.”Read More

The government's suspension of residential evictions due to nonpayment of rent has crippled multifamily landlords who continue to incur taxes, insurance, maintenance fees and other expenses related to their properties. However, landlord stakeholders can consider the following options in an effort to minimize the...Read More

A review of the post-COVID effects plaguing the real estate market, and the expected trends we can prepare to watch unfold in the interim adjustment period.Read More

As the 2020 presidential and congressional elections approach, individuals should consider taking proactive steps in their wealth management by strategically aligning their financial goals with the incentives currently available.Read More

When considering real estate in your estate plan, it is important to determine the best form of ownership for each type of property, which may vary depending on the type of real estate you own.Read More

Estate planning is a team effort and the lineup of individuals and professionals that you choose for your team roster will determine the integrity of your plan for years to come.Read More

In order to retain the integrity of the plan and to ensure the titling of your assets is aligned with the plan you created with your attorney, you should consider reviewing your estate plan with a "yearly exam."Read More

Consider the following - A Chapter 11 bankruptcy case is filed. The landlord now has a tenant that is in bankruptcy. This is a disaster for the commercial landlord, right? Not necessarily.Read More

As commercial real estate deal flow has significantly decreased due to the novel coronavirus/COVID-19, there is no better time than the present for sellers of commercial real estate to plan in advance for the successful sale of their property.Read More

Global companies should take reasonable, risk-based steps to ensure that their processes and protocols are appropriately configured to screen relevant sanctions and customer information and to ensure compliance with U.S. sanctions.Read More

At the outset of the pandemic, the Securities and Exchange Commission (“SEC”) acknowledged these challenges and on March 25, 2020 the Division of Corporation Finance (“CorpFin”) issued CD Disclosure Guidance Topic No. 9, giving guidance on its views regarding disclosure and other securities law obligations that...Read More

When a Chapter 11 bankruptcy case is filed, a commercial landlord with a defaulting or even a non-defaulting tenant may ask – now what? In this post we will address the automatic stay and its injunction against certain actions by a landlord.Read More