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

Representations, Warranties, and Warranty Disclaimers

Eric S. Adams, Melodie Khosrovani — Mon, 08 Jun 2026 09:00:01 -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 09:00:02 -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 09:00:03 -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...

Contract Principles for Business Litigation: The Importance of Specificity

Eric S. Adams, Melodie Khosrovani — Thu, 16 Apr 2026 09:00:04 -0400

Specificity in drafting allows contracting parties to allocate risk with precision and enable efficient dispute resolution. Unclear contractual language can foster disputes and litigation. In addition to offering helpful drafting suggestions, this article will discuss the impact of ambiguous language in commercial...

HUD-Insured Multifamily Loans: Key Considerations for Borrowers and Lenders

Michael S. Friedman — Mon, 09 Mar 2026 09:00:05 -0400

HUD-insured multifamily loans remain one of the most stable sources of long-term financing for apartment, affordable housing, and healthcare projects, particularly during periods of market volatility and constrained conventional lending. While HUD financing offers attractive features, including long-term fixed...

Five Things First-Time Florida Multifamily Developers Should Know

Tue, 03 Feb 2026 09:00:06 -0500

Due to widespread population growth, job creation and long-term rental demand, Florida continues to attract multifamily development. However, Florida’s regulatory framework, insurance environment and lender expectations can create unique risks that impact timelines and overall investment returns.

Florida Repeals Sales Tax on Commercial Leases

Stefan A. Rubin — Thu, 30 Oct 2025 09:00:07 -0400

Effective October 1, 2025, Florida has repealed § 212.031, Florida Statutes, eliminating the state sales tax, including any discretionary local surtaxes, on the rental of commercial real property.

Florida’s New 35-Day Change Order Rule: What Contractors and Local Governments Need to Know

Samendio L. Mathieu, Brett R. Renton — Tue, 21 Oct 2025 09:00:08 -0400

Effective July 1, 2025, Florida’s construction industry is now operating under a new legal requirement that directly affects how change orders are processed on public projects.

Department of Commerce Denies Orange County’s Vision 2050 Development Plans

Thu, 31 Jul 2025 09:00:09 -0400

On July 28, 2025, the Department of Commerce issued a letter to Orange County declaring the Vision 2050 Comprehensive Plan adopted by Orange County null and void.

Florida's Choice Act

Andrew W. McLaughlin, Alexander S. Cumming — Thu, 24 Jul 2025 09:00:10 -0400

With the passage of the Florida Contract Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “CHOICE Act”), which took effect on July 1, 2025, Florida has emerged as one of the most favorable states for employers seeking to enforce noncompete and related garden leave agreements...