Business and Legal Insights Blog | Shutts & Bowen LLP: Shutts & Bowen LLP

Assignment and Delegation Provisions: Who Can Enforce the Bargain?

Eric S. Adams, Melodie Khosrovani — Wed, 02 Sep 2026 09:00:01 -0400

Every commercial contract answers, expressly or by default, a deceptively simple question: if one party sells its business, merges, or restructures, does the deal travel with it? Assignment and delegation provisions supply that answer. They determine whether contractual rights can be transferred to a third party...

Before You Sign: 10 Things Student-Athletes Should Know About NIL Agent Agreements

Jordan P. Clark — Wed, 19 Aug 2026 09:00:02 -0400

The NIL marketplace has matured quickly, and the range of representation arrangements available to athletes has grown with it. For many student-athletes, these agreements now involve real money: recurring institutional revenue-share payments, multi-year endorsement commitments, and representation contracts that...

Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know

John "Jack" P. Whelan — Mon, 10 Aug 2026 09:00:03 -0400

For years, Florida contractors have understood that failing to pay a subcontractor could result in a construction lien dispute or a breach of contract action. Beginning July 1, 2026, however, the stakes became significantly higher. With the enactment of section 489.1295, Florida Statutes, the Legislature has transformed...

The Purpose and Importance of Indemnification Provisions

Eric S. Adams, Melodie Khosrovani — Mon, 03 Aug 2026 09:00:04 -0400

Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the doctrine of common law indemnity. Understanding the distinction is critical because different legal principles and...

Florida 2026 Noncompetition Update – Part 1: A Year Later, Florida's CHOICE Act Remains a Game Changer for Employers

Andrew W. McLaughlin, Stefan A. Rubin — Wed, 22 Jul 2026 09:00:05 -0400

This article is the first in a three-part series examining the evolving legal landscape surrounding noncompete agreements affecting Florida employers. While Florida has historically been one of the more favorable jurisdictions for enforcing restrictive covenants, recent developments at both the state and federal...

Filling the Gaps: Florida’s Infill Redevelopment Act

Wed, 15 Jul 2026 09:00:06 -0400

On May 21, 2026, Florida Governor Ron DeSantis signed Senate Bill 1434, known as the Infill Redevelopment Act (the "Act"), into law. The Act creates Florida Statute § 163.2525 and establishes a new path for redevelopment of environmentally impaired land inside qualifying urban areas.

Florida’s Expanded Flood Disclosure Requirements: Practical Considerations for Developers

Kyla E. Szubinski — Thu, 18 Jun 2026 09:00:07 -0400

Flood risk has always been a key due diligence issue in Florida real estate. However, recent statutory changes have made flood disclosure an increasingly important transaction and project management issue for developers, builders, landlords, and other residential real estate stakeholders.

Representations, Warranties, and Warranty Disclaimers

Eric S. Adams, Melodie Khosrovani — Mon, 08 Jun 2026 09:00:08 -0400

Representations and warranties define parties’ factual assumptions and assurances and allocate risk when those assumptions prove false, making them heavily negotiated provisions in commercial contracts. In litigation, representations and warranties are central in shaping claims and corresponding remedies...

Right of First Refusal and Right of First Offer: What Are They and Why Should You Care?

Patrick B. Salmon — Thu, 07 May 2026 09:00:09 -0400

Rights of first refusal (“ROFR”) and rights of first offer (“ROFO”) are restrictive covenants that a property owner (“Owner”) can place on their property granting a third party (“Holder”) the right to purchase that property before the Owner can sell it to someone else. While similar in nature, a key...

The Impact of Cox v. Sony on Terms of Use and Privacy Policies

Heidi H. Tandy — Mon, 04 May 2026 09:00:10 -0400

On March 25, 2026, the Supreme Court issued a decision in Cox Communications v. Sony, addressing matters related to the Digital Millennium Copyright Act. The Court determined that Cox did not encourage or induce its users to violate the copyrights of songwriters, performers, bands, or singers. Sony, which had previously...