Doing Business in Florida Blog

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.

Client Alert - Corporate Transparency Act: FinCEN Finalizes 90-Day Extension to Certain Filing Deadlines

November 30, 2023
Daniel W. Hudson, Mark Wisniewski, Bryan S. Appel, Scott R. Jablonski, and Heidi Howard Tandy

Client Alert - Corporate Transparency Act: FinCEN Proposes 90-Day Extension to Certain Filing Deadlines

October 18, 2023
Alex M. Denault, Daniel W. Hudson, Mark Wisniewski, Scott R. Jablonski, Bryan S. Appel, and Heidi Howard Tandy  |  Taxation

Is There Spousal Support (Alimony) in Florida?

August 10, 2023
Hugo E. Acebo

After many years of debate and three previous attempts to address the issue of spousal support/alimony reform in Florida, Governor DeSantis signed into law a measure that substantially revamped Florida’s alimony laws.  The law went into effect on July 1st, 2023. 

Supreme Court Derails Contacts-Based Approach to Jurisdiction

July 10, 2023

The Supreme Court this week upended long-held understandings of when a state court can assert personal jurisdiction over an out-of-state business. 

SCOTUS Limits Extraterritorial Reach of Lanham Act

June 29, 2023

In a 9-0 decision on June 29, 2023, the Supreme Court held in Abitron Austria GmbH v. Hetronic Intl., Inc. that the Lanham Act, which is the underpinning of all federal trademark law in the United States, cannot allow for recovery of damages connected with any non-domestic sales, limiting extraterritorial reach. The case concerned a trademark dispute between Hetronic, a U.S. company, and six foreign parties who are collectively deemed “Abitron”. Hetronic sought damages for Abitron’s infringement in the U.S. and globally, and the District Court entered a permanent injunction preventing Abitron from using Hetronic’s marks anywhere in the world and approved a jury award of $96 million in damages stemming from Abitron’s global infringement.

Employee or Independent Contractor? The Debate Continues

June 21, 2023
Marianne Curtis  |  Labor & Employment

Client Alert: Florida’s New Immigration Law and Implications for Private Employers

June 14, 2023
Ruth Vafek and Nikki Branch  |  Labor & Employment

Bad Spaniels Sent Back to Lower Court

June 12, 2023
Heidi Howard Tandy  |  Intellectual Property, Trademark Infringement

Client Alert: Florida Law Restricting Foreign Real Estate Investments

June 1, 2023
Edward Baker  |  Real Estate