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Court Upends Hotel Condominium Structure

October 22, 2020
Jeffrey R. Margolis  |  Real Estate

Eleventh Circuit on Arbitration Agreements: Contracting Parties Must “Live With The Results”

September 28, 2020
Marianne Curtis

CDC Orders Nationwide Residential Eviction Halt

September 2, 2020
Jeffrey R. Margolis  |  Real Estate, COVID-19, Evictions

Florida, HUD, FHFA, And VA Announce Extensions Of Foreclosure And Eviction Moratoriums

August 31, 2020
Jeffrey R. Margolis  |  COVID-19, Real Estate, Lenders, Evictions

Amazon Subject to Strict Liability for Defective Products Offered on its Website by Third-Party Sellers

August 20, 2020
Heidi Howard Tandy and Justen S. Fischer  |  Amazon

A California court recently ruled that Amazon can be subject to strict products liability for defective products sold in its virtual marketplace by third-party sellers.  In a unanimous decision issued by Judge Patricia Guerrero, the Fourth District Court of Appeals made clear that “[u]nder established principles of strict liability, Amazon should be held liable if a product sold through its website turns out to be defective.”

Client Alert: Upcoming Deadline to Report Hurricane Irma Damage

August 10, 2020
Gina Clausen Lozier

State Registration and Reporting Requirements for 55+ Communities Eliminated

July 19, 2020
Real Estate, Residential Real Estate, Older Persons

The Florida Fair Housing Act, Sections 760.20-760.37 Florida Statutes (the “Act”), exempts communities that qualify as “Housing for Older Persons” under federal and state law from the provisions and requirements of the Florida Fair Housing Act regarding familial status

Mental Health: Coping with Hurricane Season During a Global Pandemic

July 16, 2020
Mental Health, Hurricane Preparedness, COVID-19

For many of us, it is not the physical symptoms of Covid-19 that plagues us but rather the isolation, the uncertainty and fear that has mentally pushed us to the breaking point. And as if all of that was not enough, along comes hurricane season and the high likelihood that over the next couple of months Covid-19 will have to share center stage with reports of tropical storms, hurricane watches, and hurricane warnings as storms develop hundreds of miles away off the coast of foreign lands and slowly advance towards us.

“Privacy Shield” for Europeans’ Data Use in US Dissolves

July 16, 2020

On July 16, 2020, the European Union Court of Justice ruled that the EU-U.S. Privacy Shield, a compliance policy governing the protection of data transferred from the EU to the United States, was invalid.  As a result, U.S. businesses can no longer rely on the Privacy Shield framework in connection with their collection, usage, retention and transfer of personally identifying information about EU residents and citizens. 

Protecting Trade Secrets When a Hurricane Hits During a Pandemic

July 15, 2020
Gavin C. Gaukroger  |  Trade Secrets , Hurricane Preparedness, Atlantic Hurricane Season, Hurricane Insurance Claims

With more and more employees working from home or other places remotely from their normal brick and mortar office buildings, employers with protectable trade secrets have an added stress when a hurricane looms -- to safeguard their valuable confidential business and professional information from exposure or loss.  The Covid-19 pandemic presents many similarities to the burdens caused by a pending hurricane.  

Learn Your ABC’s: Understanding Your Basic Homeowner’s Insurance Coverage

July 14, 2020
Gina Clausen Lozier  |  Hurricane Preparedness, Atlantic Hurricane Season, Hurricane Insurance Claims

Third DCA rules Pre-2018 policy renewals only require Notice of Policy Change and Notice of Mediation Rights is only required once dispute arises

July 13, 2020
Madelyn Rodriguez  |  Hurricane Insurance Claims, Hurricane Preparedness

In its recent decision in People’s Trust Insurance Company v. Lavadie, Florida’s Third District Court of Appeal addressed the requirements for notice of policy changes and notice of mediation availability. The underlying loss involved damage to the insureds’ home caused by a water leak in April 2016. The insurance company acknowledged coverage for the loss and notified the insured homeowners that it would be using its contractor to repair the damage. The homeowners provided the insurance company with their contractor’s estimate, which was significantly higher than the insurance company’s estimate. In response, the insurance company sent a letter advising the homeowners of mediation’s availability to attempt to resolve the dispute. The insurance company also sent a letter demanding an appraisal of the claim. After the homeowners refused to proceed with the appraisal, the insurance company filed suit.