Doing Business in Florida Blog
Changes Coming to Florida Cleanup Rules
July 28, 2016
Daniel H. Thompson
Commercial property transactions often involve much haggling between seller and purchaser over potential contamination liabilities, with known contamination problems sometimes ruining marketability. The ownership and redevelopment of contaminated property has historically been a risky business in Florida because of prescriptive and potentially costly state and local cleanup requirements and nervous lenders. Further complicating matters is the fact that the persons responsible for cleanup (“responsible parties”) can include current and former property owners, lessees, or “operators” on the property.
Life Settlement Investments: Avoiding the Pitfalls in the Event the Life Settlement Company Files for Bankruptcy
July 17, 2016
Deborah B. Talenfeld
For those who may be considering an investment in life settlements (see my previous blog for background), recent bankruptcy filings of life settlement entities have raised a concern not often considered when determining whether or not to invest: what would happen if the entity that owns or manages the underlying insurance policy(s) ends up in bankruptcy. Life settlement companies typically include provisions in their purchase agreements that downplay the potential ramifications of a bankruptcy filing. Such companies state how they, or the underlying insurance company, have been in business for many years, that the investor is a beneficiary of the policy, or similar words of comfort. However, these are just words, and they do not in and of themselves provide any protection to the investor.
CMBS Loan Maturities and Potential Defaults – a Tsunami or a Ripple?
July 6, 2016
Katherine Amador
For the last few years, financial analysts have been warning of the wave of CMBS loan maturities in 2016 and 2017 and the resulting “parade of horribles”.
Does Your Construction Contract Provide for a "Project Neutral" to Resolve Disputes?"
June 30, 2016
Jeffrey S. Wertman
Disputes on construction projects are inevitable. One of the most important risk management tools for construction participants is a quick and effective dispute resolution procedure. Dispute resolution can be accomplished through various methods, including traditional mediation, arbitration and litigation. However, construction parties are using pre-selected neutrals to serve the parties as real time dispute facilitators more frequently. This concept envisions that the parties select one or more independent construction industry experts at the beginning of the project pursuant to a provision in a construction agreement.
IRS and Treasury Department Clarify COD Income Exclusions"
June 15, 2016
Mitchell W. Goldberg
Utility Service & 2016 Hurricanes: What You Need To Know
June 9, 2016
Floyd R. Self
Florida’s public utilities are ready for the 2016 hurricane season, are you?
The devastating hurricanes of 2004 and 2005 transformed the ways Florida’s utilities, especially the electric utilities, plan and prepare for hurricanes. The 2004 hurricanes left many Floridians without electricity for as long as two weeks and the 2005 storms caused power outages of up to 18 days.
Get Ahead of the Storm: Issues for Lease Considerations
June 9, 2016
P. Benjamin Zuckerman, Jonathan Claussen, and Gina Clausen Lozier
Corporate Divorce: Control Emotions. The Effort Should Be to Maximize Real Value, Not Inflict Pain or Get Even. Why a Negotiated Remedy Is Often Best
June 9, 2016
P. Benjamin Zuckerman
At the beginning of the corporate divorce case, emotions are high and the parties often focus more on lashing out at the other — to get even with or inflict pain on the co-owner – rather than on obtaining an optimal split of the business. It often starts as a scorched earth, all-or-nothing approach where the client’s expressed view is often: “The co-owner’s entitled to nothing, so prove he’s the bad guy and make sure he gets nothing”. While there are cases where there is good reason simply to pursue full blown litigation and the all-or-nothing goal, there are many cases where that approach is not the best or even an effective strategy. It is often your task to control your client’s emotions and have him or her focus on what really matters.
Cybersecurity: Before and After the Storm
June 8, 2016
Gavin C. Gaukroger and Gina Clausen Lozier
Are You Caught in the Storm? What Bankruptcy Practitioners Need to Know about Hurricane Claims
June 7, 2016
Ashley Dillman Bruce, Leslie Gern Cloyd, and Gina Clausen Lozier
Governments Are Not Immune to Hurricanes
June 6, 2016
Dawn M. Meyers and Gina Clausen Lozier
Don't Be a Scapegoat: What an Insurance Agent Should Know When Preparing Clients for Hurricane Season
June 5, 2016
Gina Clausen Lozier and Barry D. Lapides