Doing Business in Florida Blog

Client Alert: Texas Federal Court Grants Limited Injunction of FTC’s Rule Banning Noncompete Clauses

July 8, 2024
Leonard K. Samuels and Ruth Vafek

On July 3, a federal court in Texas issued a narrow and preliminary injunction which delays, with regard to only a few named parties, the implementation of the FTC’s final rule prohibiting many non-compete agreements. That court is expected to issue a further ruling by August 30, 2024. Meanwhile, a similar challenge in another court is set to be heard on July 10 and has the potential to result in a nationwide injunction. While employers seeking to enforce non-compete agreements may view the Texas decision as a provisional win, they should stay tuned for further updates from the courts and continue contingency planning. We expect to provide further alerts on this issue.

New Florida Law Impacts Attorney Fees

July 2, 2024
James M. DuRant Jr., Joseph P. Jones, and Michael J. Niles

On June 13, 2024, Gov. Ron DeSantis signed Senate Bill 702 into law after favorable treatment in both the House and Senate. Predominately, the statute provides for attorney fees to be paid to prevailing defendants in certain property disputes. Florida, and a majority of other United States jurisdictions, have adopted the “American Rule,” where each party bears its own attorney fees unless a “fee-shifting statute” provides an entitlement to fees. 

2024 Florida Condominium Legislation

June 18, 2024
Jeffrey R. Margolis

Department of Business and Professional Regulation Increases Fees for Condominium and Homeowners Association Estoppel Certificates and Transfer Fees

June 10, 2024
Jeffrey R. Margolis

Legislation Affecting Florida HOA's - HB 1203

June 5, 2024
Jeffrey R. Margolis

2024 Florida HOA Legislation

May 31, 2024
Jeffrey R. Margolis

Client Alert - Senate Bill 328: Enhancements to Florida’s Live Local Act

May 17, 2024
Live Local Act

Yesterday, Governor DeSantis signed into law Senate Bill 328, which amends the Live Local Act (the “Act”). The amendment incorporates improvements to the Act requested by various stakeholders since the Act became law.

Further Reduction in Florida Sales Tax Rate on Commercial Leases: What Landlords and Tenants Need to Know

May 2, 2024
Joshua B. Brandsdorfer

DOL Implements New Overtime Thresholds

April 24, 2024
Ruth Vafek and Andrew B. Zelmanowitz

In a significant development, the US Department of Labor has finalized a rule that will increase compensation thresholds for overtime eligibility, using a dual-phase approach. Effective July 1, 2024, the salary threshold will increase to the equivalent of an annual salary of $43,888. On January 1, 2025, the threshold will further escalate to $58,656, as the rule’s new methodology takes effect.

Breaking News: FTC Approves Nationwide Ban on Noncompete Clauses – What It Means for Your Business

April 23, 2024
Leonard K. Samuels and Ruth Vafek  |  Labor and Employment , Noncompete

Earlier today, and in a significant move with far-reaching implications for the U.S. labor market, the Federal Trade Commission (FTC) has taken a decisive step by voting to ban non-compete agreements. This decision marks a pivotal moment in the ongoing debate surrounding the use and enforcement of such agreements. The FTC's action reflects growing concerns about the potential negative impact of non-compete agreements on workers' mobility and overall competition within the job market. As businesses digest the implications of this ruling, it signals a shift in the regulatory landscape that could have profound consequences for employers and employees alike.

Bright Outlook for Southeast Multifamily

April 10, 2024
Jeffrey R. Margolis  |  Real Estate, Multifamily, South Florida, South Florida Real Estate

Despite economic and market uncertainty, high interest rates, inflation, and an increasingly dynamic market, owners, investors, and developers all agree that the outlook for Southeast multifamily investment and development is bright.  There is agreement that the fundaments of multifamily are strong.  The Southeast Multifamily Forum examined the opportunities and challenges in the Southeast apartment industry and provided the latest market data, analytics, and analysis of the Southeast multifamily market. Data presented at the Southeast Multifamily Forum on the Southeast multifamily real estate market, opportunities, challenges, and trends is highlighted below.

 

A Federal Court Situated in Alabama Enjoins Enforcement of Corporate Transparency Act Against Plaintiffs in that Action: What Reporting Companies Need to Know

March 6, 2024
Mark Wisniewski, Daniel W. Hudson, Heidi Howard Tandy, Bryan S. Appel, and Scott R. Jablonski

In a significant legal development, a U.S. District Court judge sitting in the Northern District of Alabama has ruled that the Corporate Transparency Act (CTA) is unconstitutional because, in his view, the enactment of the CTA exceeded the United States Constitution’s limits on Congress’ enumerated legislative powers. In a Final Order, the judge enjoined the U.S. Government from enforcing the CTA against the plaintiffs, although it can still be enforced against other businesses. The CTA was enacted on January 1, 2021, to combat money laundering, the financing of terrorism, proliferation financing, serious tax fraud, human and drug trafficking, counterfeiting, piracy, securities fraud, financial fraud, and acts of foreign corruption by directing the Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of adequate, accurate and current beneficial ownership for certain corporations and many different categories of legal entities formed under the laws of the states.

The lawsuit challenging the CTA was brought by the National Small Business Association (NSBA) and one of its members in November 2022. The plaintiffs sought a judgment declaring the CTA invalid and enjoining its implementation and the application of FinCEN's final beneficial ownership information reporting regime to the plaintiffs. On March 1, 2024, the District Court judge ruled in favor of the plaintiffs, declaring the CTA unconstitutional for exceeding the limits imposed by the United States Constitution on the authority of the legislative branch.