It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations. The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments. In a recent opinion, a Florida appellate court ruled that such contributions may be used by the developer to offset the developer’s deficit funding obligation to the homeowner association.
A recent ruling in the 3rd Circuit, which covers Delaware, New Jersey and Pennsylvania has the potential to impact any work-for-hire agreement, especially for businesses that are incorporated or have operations in one of those states.
During July 2019, the US Trademark Office (the “Trademark Office”) issued a new rule requiring disclosure of a trademark applicant’s home address, and requiring that US attorneys file applications, responses and other pleadings for all individuals that are not US citizens or residents, and all non-US businesses.
The U.S. Court of Appeals for the Eleventh Circuit, in Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019), recently affirmed a ruling in favor of luxury eyewear manufacturer
During the 2019 Legislative Session, HB 7103 passed and was signed into law by Governor Ron DeSantis. HB 7103 amends Section 553.791 of the Florida Statutes by simplifying the building permit process for construction contractors and property owners. Prior to HB 7103,
On June 25, 2019, Governor Ron DeSantis approved House Bill 843. On the surface, the legislation addresses a variety of valid healthcare concerns. However, tucked within the bill is a provision whereby the Florida Legislature amended Florida law governing restrictive covenants by invalidating certain restrictive covenants with licensed physicians. Pursuant to the legislation, an entity that employs all of the physicians who practice a certain medical specialty in one county will not be able to restrict its physicians from practicing that specialty in the same county. If the entity entered into such a restrictive covenant with its physicians, the restrictive covenant will be void and unenforceable.
Federal trademark law has long since barred applicants from seeking to register “immoral” and “scandalous” trademarks. However, on Monday, the Supreme Court issued a ruling in Iancu v. Brunetti, which struck down this bar on First Amendment grounds.
It has been almost two years since Hurricane Irma hit and eight months since Hurricane Michael. While some Florida policyholders are still waiting for a decision from their insurance company, the majority of claims have either been paid or denied
All that glitters isn’t gold when it comes to analyzing coverage with respect to a commercial claim as distinguished from a homeowner’s claim. By that we mean, there are many subtleties, nuances and complexities to a commercial claim which make
Up until the 2019 legislative session, Florida operated under legislation that allowed for field studies to be conducted by Florida A&M University and the University of Florida. While those studies are ongoing, the practical application of the Farm Bill coupled with Florida House Bill 333 (and its identical companion Senate Bill 1020) will result in the rise of hemp production in Florida . . .
Chapter 11 Debtor, Tempnology, LLC (“Tempnology”) is feeling the heat today, May 20, 2019, as the United States Supreme Court held that Mission Product Holdings, Inc., (“Mission”), a licensee of Tempnology’s “Coolcore” products, can continue to use Tempnology’s trademarks to sell and distribute its products in the United States.
What do you do when the need for emergency repairs arises when commencing or complying with Chapter 558 pre-suit requirements? For example, say you are a residential property owner and have water coming through your roof and/or skylights, along with other roof construction defects.