Posts tagged restrictive covenant.

Florida Governor Ron DeSantis recently signed H.B. 623 into law on April 15, 2024, creating a new section 553.837, Florida Statutes, which will require builders to provide a one-year warranty for all newly constructed homes.  While many new construction home builders already offer a warranty, this statute requires that...Read More

The Ordinance imposes a temporary suspension of up to six (6) months on some, but not all, development projects within unincorporated areas of the County, during which the County will not process Comprehensive Plan text and map Amendments, Rezonings, and Special Exceptions.Read More

On April 23, 2024, the U.S. Department of Labor (“Department”) announced its final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which revises regulations for determining whether certain salaried employees are exempt from minimum...Read More

Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently released Concept Paper confirms plans to update the HIPAA Security Rule and additionally, the...Read More

On December 29, 2022, President Biden signed the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act). The SECURE 2.0 Act made quite a few enhancements to clarify the original legislation.Read More

The Whitlow opinion provides a thoughtful and scholarly discussion regarding the importance of jury trials, the purpose of summary judgment proceedings, and the practical impacts of the new summary judgment rule.Read More

Section 713.10, Florida Statutes, titled “Extent of liens,” provides a mechanism for landlords to protect their property from being liened when a tenant contracts for improvements to the leased premises.  The statute also provides a path for lienors to protect themselves when performing work on behalf of a tenant.Read More

On July 26, 2023, the Securities and Exchange Commission adopted new rules requiring public companies to disclose material cybersecurity incidents they experience and to disclose on an annual basis material information regarding their cybersecurity risk management, strategy, and governance. Read More

Because emojis can be used as a form of communication, the question arises as to whether emojis can create a binding legal contract.Read More

Signed into law by Florida Governor DeSantis on May 10, 2023, SB 1718 will impact many private Florida employers, who will be required to use the U.S. Department of Homeland Security’s E-Verify System for their onboarding process by July 1, 2023.  Despite the new requirement, employers are still required to complete an I-9...Read More

On May 2, 2023, Florida Governor Ron DeSantis signed into law HB 3, also known as “An Act Relating to Government and Corporate Activism (the “Act”). Read More

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

Following ZF Automotive, two New York district courts decisions, that ICSID arbitration panels in investor-sate arbitrations were not imbued with governmental authority and therefore not “foreign” or “international tribunals,” could indicate a direction that forecloses access to Section 1782 discovery...Read More

There is a growing trend of local jurisdictions enacting pay transparency laws which require employers in those jurisdictions to provide compensation information to job applicants and employees.Read More

Puerto Rico takes steps to privatize power generation, which may improve the chances of future investment by other companies who may be (currently) concerned with ensuring payment for power generation projects to improve the island’s aging power grid.Read More

Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the “MetaBirkins” – constituted trademark infringement and dilution and that...Read More

In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains how the Americans with Disabilities Act (“ADA”) applies to job applicants...Read More

On January 1, 2023, Florida’s newest district court of appeal officially began operations—the first time a new appellate court opened in our state in 44 years. Chief Judge Meredith Sasso (formerly of the Fifth District Court of Appeal) immediately issued eight administrative orders, which basically function as...Read More

Only three months after the introduction of a bill to the House of Representatives that, if passed, will ban non-compete agreements nationwide for non-exempt employees, on January 5, 2023, the Federal Trade Commission (“FTC”) issued its own plan to ban non-compete clauses.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

What began in 2019 as part of a major overhaul of the Florida court system will come to a completion on January 1, 2023, with two significant changes coming to Florida courts.Read More

On December 13, 2022, the European Commission published its draft adequacy decision, recognizing the essential equivalence of U.S. data protection standards.Read More

Utilizing 3D printing in both commercial and residential projects has been gaining popularity within the construction industry.  While the benefits may appear endless, there are still risks to be considered before this technology may go mainstream around the United States.Read More

On September 1, 2022, Representative Mike Garcia introduced H.R. 8755, titled The Restoring Workers’ Rights Act (“RWRA”) to the House of Representatives, and if it passes and is ultimately signed into law, it will ban non-compete agreements nationwide for employees who are considered non-exempt under the Fair Labor...Read More

A recent court case (Exclusive Motoring Worldwide, Inc. v. Soral Investments, Inc., 2022 WL 5237093 (Fla. 3d DCA 2022)) serves as a good reminder that a landlord may only be able to obtain funds deposited into the court’s registry “[i]f the landlord is in actual danger of loss of the premises or other hardship resulting from...Read More

A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease.Read More

In certain landlord-tenant disputes, courts may be open to requiring the landlord to produce leases with other tenants, but also may be open to redactions to those leases.Read More

The Gramm-Leach-Bliley Act (“GLBA”) was a bi-partisan regulation passed by Congress in 1999 in an attempt to update and modernize the financial industry. One component of the GLBA, its Safeguards Rule, requires financial institutions to establish measures to keep their customers’ private information secure.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 August 25, 2022, on its own motion, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530 now to require a motion for rehearing before challenging on appeal “the sufficiency of a trial court’s findings in the final judgment.”  While at first glance this...Read More

As internet users become savvier about identifying cyber threats, cyber-criminals continue to finesse their attacks.Read More

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on COVID-19. Employers should review their current policies and procedures to ensure prompt compliance with these new guidelines.Read More

It is possible that the FTC is indeed signaling that, should Congress fail to pass an umbrella federal statute governing privacy and data security, it will fill that federal void on its own.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

Russia passed a controversial law allowing sanctioned parties to apply to Russian courts for an anti-suit injunction prohibiting or requiring the immediate termination of foreign proceedings. If the claimant fails to comply and obtains an award against the sanctioned party, the Russian court can enter a judgment against...Read More

While the Third and Fourth District Courts of Appeal will not change, the boundaries will be moved for the other three Districts in order to carve out an area for the new Sixth District Court of Appeal.Read More

On April 22, 2022, Florida Governor Ron DeSantis signed into law House Bill 7 (“HB 7”). Most pertinently for employers in Florida, HB 7 amends the Florida Civil Rights Act, Fla. Stat. 760.10, by adding a new category of employer actions that constitute “unlawful employment practices” centered around workplace...Read More

The Fair Chance to Compete for Jobs Act (“FCA”), also known as the new federal “Ban the Box” law, became effective on December 20, 2021, and prohibits certain federal employers and contractors from requiring a job applicant to disclose his or her criminal background on a job application or during an interview prior to a...Read More

A hearing on payment into the registry may result in a preliminary ruling as to some of the ultimate issues in an eviction, but it is not the same as a final hearing.Read More

Practitioners who litigate frequently in federal court already know the Herculean task of trying to appeal a remand order sending a removed case back to state court.  Typically, by express rule, a defendant has no appellate recourse if a district court remands a case.  Subject to extremely limited and specific exceptions...Read More

The District of Columbia recently passed a new expansive law which bans most noncompetition agreements for employees in the District.Read More

Last month, both bodies of Congress approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), and President Biden is expected to sign the bill into law in the near future. This new piece of legislation makes a fundamental change to the arbitration of employment law claims because it...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

Intellectual property rights can get muddled in the “real world” and with the advent of virtual worlds, such as the Metaverse, this will only further complicate matters for brand owners who will now have to monitor and enforce their rights in the boundless virtual world. Indeed, legal disputes are already surfacing in the...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

The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or permanent injunctive relief was made effective immediately.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

As momentum continues to build in the industry, construction companies have engaged in new strategies and operating procedures to rally for long-term success - including the implementation of pandemic-specific contract clauses to mitigate potential damages.Read More

Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned patent.   Read More

On June 21, 2021, in United States v. Arthrex, the Supreme Court finds that Administrative Patent Judges (“APJs”) on the Patent Trial and Appeal Board (“PTAB”) panels for inter partes review (“IPR”) proceedings to be acting as Principal Officers in violation of the Appointments Clause.Read More

There can be civil or criminal penalties associated with using drones - whether contractors or construction companies are aware of such, or not. 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

Clients seeking to resolve disputes by arbitration should analyze the circumstances surrounding the agreement to arbitrate, including opposing party’s expertise and form to which consent to the agreement to arbitrate was given.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

Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021.  The law makes the use of the web-based E-Verify system, regulated by the Department of Homeland Security, mandatory for all...Read More

Last month, in Federal Republic of Germany v. Philipp, 141 S. Ct. 703 (2021), the United States Supreme Court revisited and narrowed the scope of the expropriation exception to sovereign immunity set forth in the Foreign Sovereign Immunities Act (“FSIA”).Read More

Seeking discovery in the United States in aid of a proceeding before a foreign or international tribunal is a useful and unique tool available under 28 U.S.C. § 1782. This statute provides that any “interested person” may make an application to a district court where the person from whom discovery is sought “resides or is...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

Among COVID-19 Relief Package 2.0 were numerous provisions that directly and indirectly provided much needed relief for the construction industry. As President Biden’s $1.9 trillion coronavirus relief plan is pending final approval, the industry remains hopeful for further relief and provisions addressing the...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

A failure to address IP considerations can have a devastating and lasting impact—including a permanent loss of IP rights and a risk of costly litigation—which ultimately hinders the ability to grow from a startup into a thriving, successful company.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

Our authors explain why contractors should clearly identify the legal identity submitting a bid in this entry in the “Bidding Smarter in Florida” series.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

Despite the serious health and ecological dangers posed, per- and polyfluoroalkyl substances (PFAS) have been used for decades in the production and composition of many products used daily throughout Florida and across the country. The construction sector is just one among a broad range of other industries that utilizes...Read More

The Florida Division of Administrative Hearings (DOAH) recently issued a bid protest decision on an important procedural issue. In Cross Constr. Servs., Inc. v. Dep’t of Transp., No. 20-4214BID, 2020 WL 7425244 (Fla. Div. Admin. Hrgs. Dec. 14, 2020) (RO), ALJ Bogan found it was not arbitrary, capricious, or otherwise...Read More

As the commercial space industry value tops $350 billion, Dubai sets up shop with a Space Court, which offers a unique venue where Judges will be experts in space-related international law and disputes.Read More

By refusing to accept an environmental activist’s appeal, the US Supreme Court let stand a developer’s damages judgment against the activist for her challenge to the developer’s project.Read More

A Florida court again reiterated that there is no “fairness” exception to the requirement of paying rent on time into the court registry during a commercial eviction.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

Through the passage of the recent budget bill directed to providing COVID relief, Congress has also passed the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”), essentially creating a small claims “court” within the Copyright Office itself.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

With the introduction of new technologies to the construction industry, businesses should carefully consider how the utilization of such new and powerful tools can affect exposure to future litigation. Read More

Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been awarded a contract in a “multiple award procurement” lacked standing to challenge awards to...Read More

A Florida court reiterated that there is no “fairness” exception to the statute’s requirement of paying rent on time into the court registry during a commercial eviction.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

Now facing the final stretch of hurricane season and a looming threat from Tropical Storm Zeta, Florida construction businesses should remain vigilant in their storm preparations with protocols ready to implement in the event of a hurricane.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

If you are considering buying a commercial note that is in default because you ultimately want to foreclose to buy the property securing the loan, there are several things to consider as part of your due diligence.Read More

In response to new telework and remote working arrangements established because of the pandemic, on August 24, 2020 the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) to provide further clarification to employers on teleworker time tracking and compensation challenges.Read More

Amid the unprecedented conditions that businesses have been forced to operate under, real estate and construction professionals in particular may be struggling to navigate pandemic related legal challenges in their markets. From executive orders issued at state and local levels, to exceptional circumstances applied to...Read More

As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future lease-related litigation. Here are 10 questions your litigator may ask about your lease.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

Earlier this year, the policymakers of Florida’s 2020 Legislative session tackled roughly 3,500 filed bills, passing roughly 200 and approving a $93.2 billion budget. Several pieces of this year’s legislative changes will substantially affect the construction industry.Read More

In Eiser Infrastructure Ltd. et al. v. Kingdom of Spain, claimant investors were successful in securing an arbitral award against Spain based on an ICSID tribunal’s finding that Spain failed to provide claimant investors with fair and equitable treatment under the applicable Energy Charter Treaty. Unfortunately for...Read More

The Supreme Court of the United States held unanimously in Romag Fasteners Inc. v. Fossil Inc., et al., 140 S. Ct. 1492 (2020) that a plaintiff in a trademark infringement suit does not have to prove willfulness for an award of defendant’s ill-gotten profits as damages under the Lanham Act.Read More

New U.S. Supreme Court Opinion discusses an expansive view of the Federal Arbitration Act, holding that federal courts can apply domestic laws to fill in the gaps where the New York Convention is silent, as yet another basis for courts to compel a dispute to arbitration.Read More

This article appeared in the Daily Business Review on July 28, 2020. Commentary provided by Eric C. Christu and Jodi-Ann Tillman. 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

Our authors explain how and why contractors should use Florida’s Public Records Act to maximum effect in this “Bidding Smarter in Florida” series.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

On June 26, 2020, Governor Ron DeSantis signed fifteen bills into law, including HB 441, a revision to the allowable maximum dollar amount for continuing contracts for construction projects. Increasing the dollar cap from $2 million to $4 million, the legislation revises the maximum dollar amount that a public entity can...Read More

As businesses reopen and employees working remotely begin to return to their workplaces, employers are facing difficult questions on how to prepare their workplaces to operate in the midst of a deadly pandemic. The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently published...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

In a landmark ruling on June 15, 2020, the U.S. Supreme Court, in a 6-3 decision, agreed on extended protections for gay and transgender workers under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex.Read More

The USPTO has now extended patent deadlines another month for small and micro entities.Read More

In order to further protect the interests of your business, and most importantly, the health and safety of customers and employees, businesses should consider a number of preventative measures as a risk-mitigation strategy.Read More

In his latest IP Pipeline blog post, Tampa partner Woodrow Pollack discusses whether the COVID-19 crisis warrants ex parte relief to address price gouging under trademark theories.Read More

For many patent and trademark filing deadlines that would have been due between March 27, 2020 and May 31, 2020, the USPTO will consider them timely filed so long as: (1) they are filed on or before June 1, 2020; and (2) they are accompanied by a statement that the delay in filing was due to the COVID19 outbreak.Read More

On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Q&A Guidance relating to COVID-19 and the Americans with Disabilities Act ("ADA") to clarify that employers are permitted to administer mandatory COVID-19 tests on employees before allowing them to enter the...Read More

When Florida’s governor issued his stay at home order, it contained a carve out designating construction as an essential service. Since the order’s debut, many have embraced the construction carve out as allowing any and all construction. Alas, the devil may be in the details, more specifically, the building department...Read More

The CDC and the EEOC have recently issued new guidance relating to COVID-19 in the workplace, which is summarized below. Our attorneys remain willing and able to assist clients with any COVID-19 related workplace issues as needed. Please contact Mary Ruth Houston or a member of the Labor & Employment practice group if you need...Read More

The coronavirus pandemic is creating both opportunities and risks for Florida’s contractors. For example, on April 1, 2020 the Florida Department of Transportation announced that it will take advantage of nearly empty roads by accelerating work construction projects that have a combined value of nearly $2.1 billion...Read More

The coronavirus pandemic is creating both opportunities and risks for Florida’s contractors. For example, on April 1, 2020 the Florida Department of Transportation announced that it will take advantage of nearly empty roads by accelerating work construction projects that have a combined value of nearly $2.1 billion...Read More

The answer – No.

Plaintiff in a patent infringement matter concerning Plaintiff’s ceiling fan patents asked the court to delay all deadlines 90-days in light of the COVID19 crisis.  Plaintiff noted that the parties and attorneys are all located in states that imposed social distancing guidelines and other stay at home...Read More

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” or “Act”) was enacted on March 27, 2020 to provide emergency assistance and health care response for individuals, families, and businesses affected by Covid-19. Employers should be aware of two programs under the Act designed to work in...Read More

In response to the novel coronavirus, on April 1, 2020, Governor DeSantis issued Executive Order 2020-91 (since amended by Executive Order 2020-92), which shut down all “non-essential” business activity in Florida from April 3 through April 30. Per the Governor’s order, work may continue on “open construction...Read More

The answer – Yes.

Pierce Manufacturing secured a preliminary injunction prohibiting E-One from selling its Metro 100 single rear axle quint.  That preliminary injunction prohibits E-One from selling the Metro 100 during the pendency of the patent infringement litigation Pierce Manufacturing is pursuing against E-One.

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As the Novel-Coronavirus (“COVID-19”) continues to cause disruption to every aspect of society, the business world and the economy-at-large, nearly every country, state and county has issued unique lockdown, “shelter-in-place,” and similar types of orders restricting the way all of us interact with each other...Read More

The United States Patent and Trademark Office today extended certain deadlines in connection with patent and trademark related matters due to the COVID19 crisis. Similarly, the United States Copyright Office has announced modifications to deadlines in light of the crisis.Read More

In the midst of the turmoil visited by the COVID-19 Virus, Florida’s governor announced plans to try to “lessen the economic damage” by turning its recently emptying roads into an opportunity. In conjunction with his April 1 announcement of a statewide stay at home executive order, the governor directed Florida’s...Read More

Despite recently issued stay-at-home orders across the state of Florida, most counties are allowing construction sites to operate normally for the time being. However, as the ongoing health crisis continues to escalate, key players in the construction industry can take proactive measures now in order to prepare for future...Read More

As the Novel-Coronavirus (“COVID-19”) continues to cause disruption to every aspect of society, the business world and the economy-at-large, nearly every country, state and county has issued unique lockdown, “shelter-in-place,” and similar types of orders restricting the way all of us interact with each other...Read More

On March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52, which declared a state of emergency due to the coronavirus outbreak. The order allows for the tolling of certain permits and in some instances up to an additional six months beyond the tolled period.Read More

Hackers are taking advantage of the health scare to spread their own infections, including creating malicious Coronavirus-related domains and selling malware to other hackers on the dark web. Hackers will use society’s desire of having information on the latest developments. The danger of falling prey to phishing...Read More

Chances are, parties to Florida real estate contracts didn’t give much thought to a force majeure clause when they drafted their agreement, other than to make sure there was one and, possibly, to make sure it covered hurricanes.Read More

As the coronavirus clampdown widens, companies across the country are facing uncertainty in the wake of mandated closures and disruptions to business activities. From the employer’s perspective, there is also growing concern over legal issues that may arise in connection with the COVID-19 pandemic.  Even on the smallest...Read More

Coronavirus (or COVID-19) is already causing significant disruption to businesses around the world, including quarantines and travel bans affecting trade and commerce, manufacturing, construction, hospitality and service industries in an unprecedented way. Now the disruptions are impacting society-at-large, from...Read More

Contractors may have multiple solutions for their potential government client’s needs, but they miss out on sales by failing to tell this to the government. Our authors explain why contractors should submit alternative bids or proposals, and lays out a few guidelines for doing so.Read More

Contractors often hesitate to ask agencies the “hard questions” or challenge flawed solicitations when preparing their bids because they are afraid agencies will retaliate. Our authors explain why this is an unfounded fear and why contractors should stick up for themselves.Read More

Florida courts have not provided a brightline rule for “ordinary wear and tear” means in a commercial lease, but they have provided some guidance.Read More

A Florida court considered whether commercial tenant paid its full share of operating expenses.Read More

A Florida court considered whether commercial tenant paid its full share of operating expenses.Read More

If a tenant wants to renew its lease and fails to send the landlord written notice on time of its intent to renew, is the tenant out of luck?  Not necessarily.Read More

On Monday April 22, 2019, the Supreme Court of the United States has agreed to hear three cases which seek rulings on whether sexual orientation, transgender status, and transitioning status are protected under Title VII of the Civil Rights Act after years of courts and government agencies taking conflicting positions on this...Read More

Most of the posts we write on bid protests are written from the protester’s point of view. Recently, however, we were asked by a contract awardee whether he should intervene in a protest challenging his award. The short answer to awardees in that situation is “Yes, if keeping the contract is important to you.”Read More

Florida’s First District Court of Appeals just held in Asphalt Paving Sys., Inc. v. Anderson Columbia, No. 1D18-2035 (Fla. 1st DCA Feb. 18, 2019) that prospective bidders have standing to file bid protests challenging out-of-scope modifications to existing government contracts.Read More

A Florida court considered whether a lease guaranty covered extensions of the lease term not provided for in the original lease.Read More

No.Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company.  The letter identified a number of Erbaviva federal trademark registrations, and "request[ed]" Era Organics:

  1. Request the USPTO expressly abandon certain Era Organics trademark registrations;
  2. Permanently refrain from using ERA...

More than likely, many average NFL fans that follow their favorite team or player on any given weekend have heard the following words: “great hit”, “pancaked,” “ran over,” or “leveled,” just to name a few. However, what truly happens to your favorite players, once those “glory days” have passed?Read More

Project documentation can help avoid claims or litigation altogether. Good and timely communication can mitigate or eliminate surprises between parties. A clear understanding of what transpired during a project can prevent claims from turning into costly litigation.Read More

A common misconception is that the Family Medical Leave Act (FMLA) does not apply when an employee cares for a sick grandparent. However, prudent employers and human resources professionals should carefully examine the facts of each situation to ensure compliance with the law.Read More

In our latest Florida Appellate Law Blog post, Fort Lauderdale associate Amy Wessel discusses some of the notable amendments to the Florida Rules of Appellate Procedure and Florida Rules of Judicial Administration that will go into effect on January 1, 2019.Read More

A separate motion for attorney’s fees must be timely filed in an appeal in order to recover attorney’s fees incurred in the appeal, even if the fee award is mandated by statute...and even if the trial court declared that you are the “prevailing party”.Read More

No.

Micro Processing Technology, Inc. sent a letter to Plasma-Therm alleging that Plasma-Therm was infringing MPT's patent.  Plasma-Therm filed a declaratory judgment action seeking a declaration that it did not infringe.  Six months into the litigation, MPT served preliminary infringement contentions, which were based...Read More

In the construction industry, a natural disaster such as Hurricane Michael often leaves contractors wondering “what now?”Read More

Florida’s Third District Court of Appeals recently opened up whole new possibilities for Florida-county-level business incentives in Matheson v. Miami-Dade Cnty.Read More

In a 4-3 majority opinion authored by Justice Peggy Quince, the Florida Supreme Court declared the Florida Legislature’s 2013 Daubert amendment to the Florida Evidence Code unconstitutional.Read More

If she or he is not a lawyer, no.Read More

A trial lawyer must always take special care to properly preserve a trial court’s errors relating to jury instructions.Read More

The owner of the TEMPUR-PEDIC bedding brand ("Plaintiff") has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand. Through that lawsuit, Plaintiff seeks to enjoin sales of the THERAPEDIC bedding.Read More

In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c). The Florida Legislature recently passed House Bill 875, effectively amending Fla. Stat. §...Read More

Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.Read More

As if the threat of local or state licensure investigations is not enough to induce an instant case of irritable bowel syndrome for a contractor that just realized they unwittingly ran afoul of state regulations – or already knew and just got caught - contractors would be wise to recognize that their missteps could land them in...Read More

Yes. Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate. Each time, Klhip's allegations have been found baseless (and Thursday's Amazon presence has been...Read More

Taser International, Inc. sued Phazzer Electronics, Inc. for patent infringement. The discovery history appears tortured.Read More

Construction contracts serve a vital role in every project to protect the interests of parties and dictate the roles and obligations of each interested entity. Parties to a contract must review and understand each term within a contract and the interplay such terms may have with one another. But what happens when a lawsuit is...Read More

The Supreme Court will consider the scope of the on-sale bar to obtaining a patent. This decision has the potential to remove a substantial barrier to business encountered by many new and small businesses that own intellectual property assets.Read More

Commodores Entertainment Corporation has sued Thomas McClary, a former Commodores band member, for various trademark claims.Read More

In a recent case, an appellate court recently threw a wrench into how the collecting of rents works during some foreclosures.Read More

Typically, a tenant is required to pay rent into the court's registry if it seeks to remain in possession of the property during the lawsuit. We'll discuss what can happen if the tenant disputes the amount of rent that needs to be paid.Read More

Nothing can be certain, except death, taxes, and arguments about the enforceability of indemnification provisions in construction contracts.Read More

A new case about an exculpatory clause in a lease is an example of the importance of good drafting.Read More

Thus, the Court decided that the 558 process, under that particular CGL language, constituted a “suit” that triggers the insurer’s duty to defend the insured.Read More

If a general contractor-subcontractor dispute arises where the subcontract has a different dispute resolution provision than that of the prime contract, which clause governs? For example, the prime contract requires disputes to be litigated in state court, but the subcontract requires arbitration of disputes. Whether a...Read More

In most cases, the filing of a notice of appeal does not automatically stay a judgment pending appeal. In our latest Florida Appellate Law Blog post, Fort Lauderdale associate Amy Wessel discusses how to obtain a stay of a money judgment while your appeal is pending.Read More

Options to renew a lease can be worded in a variety of ways, but what happens when a lease doesn't say the amount at the end of the existing term?Read More

Under even the most landlord-favorable standard, can a commercial landlord ever have an absolute right to reject a proposed assignment?Read More

Under even the most landlord-favorable standard, can a commercial landlord ever have an absolute right to reject a proposed assignment?Read More

Lillibridge has dispelled the myth that design professionals are only responsible for their design. The lesson from Lillibridge is that design professionals should be mindful of the ramifications of certain contractual relationships they undertake with design consultants.Read More

Stop! Have you ever wanted to say this before a trial judge rules?Read More

Second-tier certiorari represents the only avenue for further review of a circuit court appellate decision.Read More

In this post, which is the first in a series on original proceedings, Jennifer Sommerville and Suzanne Labrit provide a primer on the basics of common law certiorari jurisdiction and procedure with respect to non-final orders in civil cases.Read More

On August 29, 2017, the Equal Employment Opportunity Commission (EEOC) announced that the Office of Management and Budget (OMB) was “initiating a review and immediate stay of the effectiveness of the new aspects of the EEO-1” form.Read More

If you want to bring an indemnification claim against another party, be mindful of the Statute of Repose and the Echeverri case.Read More

The 10-year statute of repose provides a strong defense to certain construction professionals for latent defects that are not discovered until well after the completion of construction. Are you one of the select group of construction professionals who receives the protection of the statute of repose?Read More

We have previously discussed what a business should do when it’s hit with a lawsuit over alleged violations of the Americans with Disabilities Act (“ADA”), but can a retail tenant be sued only for ADA violations at its physical store?Read More

The key to winning a Florida bid protest is to point out a specific, objective flaw that occurred during the evaluation of bids or proposals. Once in a while, however, the government’s award decision is so unreasonable that courts will overturn them for “getting it wrong.”Read More

OSHA recently amended 29 C.F.R. Sec. 1904.35 adding two new provisions. The language may potentially impact an employer's post-accident drug testing policies.Read More

In Florida, the government will frequently change the terms of its contracts, usually by adding or deleting the amount or work to be performed, by adjusting the manner of performance, or by making minor adjustments to the type of work to be performed. The government usually has the right to unilaterally do so under the terms of the...Read More

Contracts often contain a provision stating that the venue for all claims arising out of the contract shall lie solely and exclusively in a certain location or that the contract shall be enforced in the courts of a specific state. This typically is advantageous to the party that prepared the contract. The question is—is it...Read More

Today, while it is understood that the phrase “because of sex” includes gender stereotyping, the law remains in flux as to whether discrimination “because of sex” includes discrimination because of “sexual orientation.”Read More

In the last six years, the Department of Transportation, acting through the Office of Inspector General, the Justice Department, and state and local investigative agencies, has actively cracked down on fraudulent disadvantaged business enterprise arrangements and their participants.Read More

Clients and potential clients frequently come to us and complain about the low scores they’ve gotten from a Florida state agency (or the high scores their competitors got) that caused them to lose out on valuable contracts. Scoring issues, which are highly subjective, are the most difficult to prevail on in a bid protest. The...Read More

An update on our May post about a new Florida law meant to help property owners fight ADA lawsuits.Read More

The good news is that, with reasonable care and a bit of common sense, cyber fraud can be prevented. But if the theft occurs because you failed to take precautions to protect your email account, it may be time to call your insurer, or your lawyer. Or both.Read More

On April 17, 2017 the President signed a new Executive Order that directs federal agencies to review employment immigration laws to promote "Hire American" policies. The Order will most likely impact the H-1B visa programs.Read More

The Supreme Court recently decided the Disparagement Clause of the Lanham Act is unconstitutional, paving the way for parties to register trademarks that were previously prohibited as ‘disparaging.’ The ruling also ends the long-running battle over the Washington Redskins’ trademarks.Read More

The Internal Revenue Service (IRS) conducts hundreds of audits of 401(k) and other employee qualified retirement benefit plans each year. Audits can result from participant complaints, inter-agency referrals, responses contained in the plan’s Form 5500 or from the random selection of the plan for audit.Read More

Acceleration clauses do not usually cause too much controversy in litigation, but there is room for missteps by the landlord.Read More

Is the famed catalyst theory for recovery of attorneys’ fees still alive in Florida (was it ever) and how might it be applied to Settlement Agreements? Are you protected from / entitled to a claim for attorneys’ fees after you’ve settled?Read More

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to the infringement of a trademark.Read More

The Family and Medical Leave Act (“FMLA”) requires covered employers to provide eligible employees with unpaid family and medical leave for certain qualifying reasons. While employers should definitely know the FMLA basics (i.e., whether they are “covered employers” who employ any “eligible employees”...Read More

About a decade ago plaintiffs’ employment lawyers discovered the plaintiff-friendly attorneys’ fee provisions of the Fair Labor Standards Act (FLSA). As a result, overtime pay suits by private lawyers went from almost none to very numerous -- and with very costly consequences for employers.Read More

The concept of trespass may seem strange when it comes to public websites. If visiting a public (not password-protected) site is as simple as clicking on a link from a search engine or typing in a web address, one would think the site is presumptively open to the public, like a park, library, or mall. It’s unclear whether that’s...Read More

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act.Read More

Florida courts seem to suggest that certain cleaning and maintenance services are not lienable under Chapter 713, Florida Statutes.Read More

Do you know which policies would constitute a violation of the National Labor Relations Act (NLRA)? Employers should review their policies to ensure that the policies are not overbroad and do not encompass what could be reasonably interpreted as chilling employees’ Section 7 protected concerted activities.Read More

On Friday, May 12, 2017, governments, businesses and individuals were shocked when a ransomware attack known as WannaCry rapidly spread through cyberspace like a global pandemic.  Businesses and individuals in more than 100 countries experienced compromised systems, with ransom demands ranging $300 to $600. The WannaCry...Read More

After the owner of a Florida shopping center found itself getting billed for property taxes on land it does not own, an appellate court had to figure out whether a lease is just a lease.Read More

State of Florida Government Contractor’s Factoring Company May Enforce its Rights to Payment against Department of Transportation if it complied with Uniform Commercial Code.Read More

At the end of last year, the Department of Justice, Antitrust Division (“DOJ”), and the Federal Trade Commission (“FTC”), jointly authored a guidance to address potential violations of anti-trust laws impacting employee hiring and compensation decisions. The guidance was intended to encourage Human Resources...Read More

While the law of contract formation allows parties “freedom to contract”, in construction law, general contractors have largely negotiated a shift in the distribution of risk to the subcontractor with the inclusion of “pay-if-paid” contractual clauses that make the general contractor’s receipt of payment from...Read More

President Trump has permanently blocked previously issued Executive Order 13673 - Fair Pay & Safe Workplaces, also known as the “Blacklisting Rule”.Read More

Worker misclassification continues to be an ongoing problem throughout the country. The effect of this has its greatest impact on low wage earners. By virtue of being misclassified as independent contractors, as opposed to employees, such workers do not have legal protections of employees, such as minimum wage and overtime...Read More

Since the work was two thirds complete at the time of termination, your thought is to take two thirds of the entire contract amount, subtract out payments received to date, and present this figure as your recoverable damages. Is this approach, which is known as the percentage of completion method, the correct one?Read More

A foreclosure judgment, followed by sale of the mortgaged property, doesn’t necessarily end a foreclosure case. If the sale proceeds are insufficient to fully pay the debt, the next step is a money judgment against the borrower for the difference (a “deficiency judgment”).Read More

The U.S. Department of Labor has reported that about 40% of the U.S. private sector workforce does not have the benefit of paid time off for care of their own illnesses or those of family members. This pressure on working families was the impetus for the Executive Order signed by President Obama in September 2016, which was...Read More

On remand from the Supreme Court, the Federal Circuit has declined to craft a test for calculating design patent damages when the patent-in-suit covers only a component of a larger product. Instead, it has been left to the Northern District of California to sort out the issue and hold a new trial, if necessary.Read More

What do you do when you’re sued for having a property alleged to be out of compliance with the Americans with Disabilities Act?Read More

With forum selection clauses, “shall” doesn’t always mean “shall.” If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive.Read More

The Fourth DCA recently ruled that liens recorded after a lis pendens, but prior to a foreclosure sale, are discharged.Read More

Could a party end up litigating related claims in two separate forums if not all parties are bound by a forum-selection clause? To ensure efficiency and avoid inconsistent verdicts, all intertwined claims should be litigated together in the same forum, writes Sarah D. Rodriguez.Read More

Attorney Jennifer Sommerville explains why appellate attorney practitioners need to be careful when drafting any order determining that a party is not entitled to statutory immunity. The words "as a matter of law," can make all the difference.Read More

Mechanics’ liens are a great tool available to contractors, subcontractors, suppliers, and laborers to ensure payment for work, materials and/or services provided. However, filing a fraudulent lien has costly consequences, including jail time.Read More

Board certified appellate attorney Suzanne Labrit explains the mechanics of enforcement of mandates.Read More

What must a lender do in order to obtain a judgment in Florida when the sale proceeds are not enough to pay off the debt of the property? Al LaSorte explains what a deficiency judgment is and how to navigate the legal landscape in obtaining one.Read More

In its January 4, 2017 Regulatory and Examination Priorities Letter, FINRA identified cybersecurity as a top priority, stating it is “one of the most significant risks many firms face.” Firms, be prepared, FINRA is expected to execute more cybersecurity examinations than in years past.Read More

If you are a designer or contractor who’s been accused of negligent design or construction, you will want to analyze the owner’s claimed damages to see if they might be reduced by the amount of the first costs or betterment.Read More

In response to intense industry criticism, on December 28, 2016, the New York State Department of Financial Services relaxed its approach and announced its updated cybersecurity regulation. The updated cybersecurity regulation is under a 30-day notice and comment period, which expires later this month.Read More

Today, FINRA fined 12 firms $14.4 million for failing to maintain millions of electronic records in “write once, read many” (WORM) format. FINRA’s recent flurry of enforcement activity is a clear signal that regulators will amplify their focus on firms to ensure the safeguarding of confidential customer data and the...Read More

A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is.Read More

An appellate court determines the finality of an order, judgment or decree when the order constitutes an end to the judicial labor in the cause and nothing further remains to be done by the court. Although this standard seems straightforward, its application often proves to be tricky. In this post, Amy Wessel explains how to...Read More

On December 2, 2016, the Office of the Comptroller of the Currency announced that it will be moving forward with considering applications from financial technology (fintechs) companies to become special purpose national banks. Jennifer Newton explains what this decision means for fintechs.Read More

If your business has been accused of violating a local law, check with your attorney as to whether you actually face liability, particularly if you established your business practices in accordance with a state law.Read More

The Supreme Court reversed Apple’s $399 million verdict against Samsung for infringing Apple’s design patents covering certain aspects of the iPhone. However, the Court’s decision arguably leaves critical questions unanswered.Read More

Is something lost when a Judge reads our argument only from an electronic screen? Steve Maher examines this question and offers suggestions about how to approach briefing in the ‘post-revolutionary” environment.Read More

Tampa partner, board certified appellate lawyer Suzanne Labrit explains how the ‘tipsy coachman’ doctrine may provide a basis for affirmance even if the trial court’s reason for its ruling is not the ‘right’ reason.Read More

On federal construction projects, the parties may contract where they would like to litigate potential disputes, but care should be given as to what venue is selected based on various factors.Read More

The ability of internet service providers to track what consumers do online will become more difficult in the years ahead. On October 27, 2016, the Federal Communications Commission (“FCC”) delivered a major victory to internet privacy by adopting new privacy and data security rules that will require...Read More

In the federal arena firms do not have a right to their competitors’ proposals or the agency’s evaluation documents, making it difficult to know whether or not an award to a competitor was proper. However, as our authors explain, it is possible to prevail in a bid protest with only information learned after the protest itself...Read More

What is the difference between the two rules? Simply put, one leaves the door open for new arguments while the other keeps it shut.Read More

The New York Department of Financial Services (the “DFS”) recently announced a wide-reaching proposed cybersecurity regulation for the financial services industry (the “Proposed Regulation”). The Proposed Regulation generally would apply to any institution supervised by the DFS, which ranges from...Read More

This year, FINRA issued its 2016 Regulatory and Examination Priorities Letter and announced that it would review firms’ approaches to cybersecurity risk management. FINRA will undoubtedly raise intensity on cybersecurity compliance, likely resulting in increased disciplinary actions and sanctions for violations of...Read More

Any Florida appellate attorney worth their salt is familiar with the Applegate line of cases requiring the appellate court to affirm the judgment on appeal when the appellant has not provided a record adequate to demonstrate reversible error. Although it may be tempting to rely on such caselaw when your opponent fails to...Read More

Companies that do business with health care providers may be subject to the HITECH Act and the potential civil and criminal penalties that may be imposed under the Act. In order to avoid and/or mitigate those penalties, it is imperative that companies understand the requirements of the HITECH Act and tailor their policies and...Read More

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck...Read More

Yesterday, the Supreme Court heard oral argument in Star Athletica v. Varsity Brands, which turns on whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightableRead More

Marketing to children on the Internet can be fraught with legal peril. That’s what two app developers found out when the Federal Trade Commission (FTC) accused them of allowing third-party advertisers to collect personal information from kids. The enforcement actions against LAI Systems, LLC and Retro Dreamer are the...Read More

Amendments to the Federal Rules of Appellate Procedure will take effect December 1, 2016. Steve Maher discusses the controversial change in reduction of type-volume limitations for appellate briefs.Read More

The Supreme Court will hear oral argument in Star Athletica v. Varsity Brands on October 31 to determine whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightable.Read More

Sometimes unlicensed contracting is as simple as failing to make sure your subcontractors are licensed in their respective trades. Sometimes it's not so obvious. Why does this matter? Because you could be facing an administrative, civil or criminal action.Read More

Can filing a motion for rehearing blow a party’s right to appeal? Yes! Suzanne Labrit outlines three common ‘minefields’ to avoid when considering a motion for rehearing.Read More

Non-attorneys are allowed to practice before the Patent Office. However, because they are not attorneys, there is an open question of whether attorney-client privilege extends to their communications with clients. This question has previously been determined on a case-by-case basis. The USPTO has proposed a new rule that...Read More

When is a motion for rehearing essential? Jake Monk explains when it is critical to move for rehearing in order to preserve an issue for appellate review.Read More

If your business has been accused of violating a local law, check with your attorney as to whether you actually face liability, particularly if you established your business practices in accordance with a state law.Read More

The Supreme Court heard oral argument in the long-running patent dispute Samsung v. Apple. The dispute centers on a jury award of damages in favor of Apple for Samsung’s infringement of design patents covering elements of the iPhone. While the parties agreed that the appellate court had applied the wrong standard, Apple...Read More

Before pursuing a tenant for damages, a landlord must decide whether there is value in pursuing a defaulting tenant for money damages. So how does a landlord decide? Read 10 things a landlord should consider in this post.Read More

The Supreme Court heard oral arguments in Samsung Electronics v. Apple, Incorporated today, the long-running patent dispute between the companies involving Samsung’s alleged infringement of Apple’s design patents covering certain aspects of the iPhone.Read More

Almost 200 public comments were filed by attorneys and private companies, all weighing in on the Daubert v. Frye standards.Read More

We review the issues and arguments presented, and summarize the opposing positions, on the pending question of whether Daubert or Frye will be the standard for admissibility of expert evidence in Florida courts.Read More

If you ever find yourself in a Florida procurement where your competitor won the contract even though its proposal fails to meet a specific RFP criteria, you should probably take your shot and file a protest.Read More

In this final post on the timeliness requirements of filing bid protests before the GAO, we’ll examine the timeliness requirements in filing protests that include “comments” and “supplemental protests.”Read More

In continuing last week’s post on the timeliness requirements of filing bid protests before the GAO, today we’ll cover the difference between the deadline for filing a bid protest and the deadline for obtaining an automatic stay of a contract to a competitor.Read More

Trade secrets are one of the four main types of intellectual property rights. When used properly, trade secrets can be the most valuable asset in your intellectual property portfolio. Let’s take a look at how Col. Harlan Sanders built an empire by using trade secrets as part of a comprehensive IP portfolio.Read More

It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Here are ten things your litigator wants to see in your commercial lease.Read More

The Federal Circuit recently reversed the Trademark Trial and Appeal’s Board determination that patent claims were invalid as obvious when the TTAB overused “common sense” to fill-in missing claim limitations and find a patent was invalid on obviousness grounds.Read More

Our authors examine the U.S. Government Accountability Office (GAO)'s deadline requirements for a contractor submitting a challenge to the terms of an agency's solicitation in a procurement.Read More

No point in finding a willing buyer for your client’s property unless you get paid for your efforts, right? A lien can be a powerful tool to make sure this happens, but not without risk.Read More

Any company looking to do business with a government agency should know the implications of Florida’s broad public records law.Read More

AGIS v. Life360 upheld patent invalidity in a case where Eric Christu and Daniel Barsky were members of the trial team. Coined terms in patents may result in patent invalidity if the coined term is not adequately disclosed. Technology patents cannot used coined terms that are really nothing more than generic ‘general purpose...Read More

Two recent decisions by the Court of Appeals for the Federal Circuit provide some helpful insights into the application of the two-step framework for assessing patent-eligible subject matter.Read More

Two recent decisions by the Court of Appeals for the Federal Circuit provide some helpful insights into the application of the two-step framework for assessing patent-eligible subject matter.Read More

What is public procurement and why do we have it? Here are seven things government contractors need to know about the public procurement process in Florida.Read More

The U.S. Supreme Court recently ruled in favor of veteran-owned small businesses (VOSBs), holding that the federal government must award VOSB’s contracts when there is a reasonable expectation that two or more will bid at fair and reasonable prices.Read More

Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that could help attract a new tenant. A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ.Read More

The newly implement Defend Trade Secrets Act of 2016 creates a federal cause of action that allows a plaintiff to seize stolen trade secrets prior to notifying the defendant.Read More

When the tenant’s business is made illegal during the term of the lease, the tenant’s business is likely to disappear altogether, leading to a likely default. What that means for the landlord and tenant may come down to drafting.Read More

We’ve helped commercial real estate and leasing brokers deal with many mistakes over the years. Here are ten to avoid.Read More

Taxpayers must remember that filing a lawsuit to challenge your county property appraiser’s valuation of your property, or denial of an exemption from ad valorem taxes, does not get you out of paying while the suit is pending. What happens, though, when the lawsuit covers one tax year but goes on for more than one?Read More

Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are required to serve the party from which you are seeking relief. But what happens when you are having difficulty serving the breaching party because they are either intentionally avoiding service or they have moved out of state?Read More

Because she won the case by claiming she wasn’t a party to the mortgage, she had no right to rely on that mortgage’s fee provision.Read More

Does a marina serve a public purpose? Does it matter if the marina is owned by a city or a private business owner?Read More

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate.Read More

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run.Read More

Florida’s foreclosure statute expressly provides that both foreclosure and deficiency proceedings are the province of the court, not a jury. (Section 702.06, Fla. Stat.)Read More

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that?Read More

A court must enforce a settlement agreement and enter a final judgment of foreclosure when both Parties agree to the terms of an agreement even where the foreclosing party is unable to produce the original promissory note because Florida law highly favors settlement.Read More

What if the owner sells the property and invests the sale proceeds in securities while looking to buy a replacement homestead? Can a judgment creditor grab the proceeds, or are they still protected?Read More

In the 2015 case of Griffin Industries, LLC v. Dixie Southland Corp., the Fourth District Court of Appeal addressed two issues that frequently arise in landlord-tenant litigation: (i) on what basis a tenant may claim constructive eviction; and (ii) a landlord’s damages after a tenant vacates the premises.Read More

Reforeclosure can be an effective tool for eliminating omitted subordinate liens. But it has a catch!Read More

Typically, eviction of a commercial tenant does not terminate a lease under Florida law, or preclude the landlord from exercising its option to accelerate rent payments under the terms of the lease in the absence of any relevant modifying provisions in the lease agreement or evidence of landlord’s retaking possession for...Read More

Even when a party prevails on its claims in an action seeking judicial partition of property, it may not be immediately entitled to a distribution when there is a pending counterclaim that has yet to be adjudicated.Read More

In Genesis Ministries, Inc. v. Brown, Case No. 1D15-1310 (Fla. 1st DCA February 16, 2016), the First District Court of Appeal held that a challenge to a property tax lien does not need to be filed within 60 days of the certification of the tax roll.Read More

A restaurant owner successfully asserted impossibility in defense of a suit seeking to compel it to rebuild a gate in Marathon Sunsets, Inc. v. Coldiron, 41 FLW D685a (Fla. 3rd DCA 2016).Read More

In Caraccia v. U.S. Bank, N.A., the address used by the lender to send the default notice was ruled to be valid even though it was not the current property address because the PO Box address used was considered a valid address since it was provided by the owner to the U.S. Postal Service.Read More

A married couple’s reliance on the protection against forced sale of homestead property in Florida Constitution, Article X, Section 4(a) to defend a specific performance action was rejected in Mirzataheri v. FM East Developers, LLC, 41 FLW D683a (Fla. 3rd DCA 2016).Read More

Sometimes, even where the lender has the original note and introduces it into evidence at a trial in a foreclosure, the borrower challenges standing.Read More

Welcome to the Florida Commercial Real Estate Litigation Blog. Our blog name does not leave much to the imagination as to what we will cover here – all things related to commercial real estate litigation in Florida. There will be case updates and posts about topics of interest to litigators and transactional attorneys, as...Read More

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