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Held hostage by ransomware? There is insurance for that.

May 17, 2017
Gina Clausen Lozier and Michael J. Higer  |  Cybersecurity, Insurance

The recent “WannaCry” ransom attacks have highlighted the vulnerability of networks and computer systems around the globe. These attacks can essentially shut down the operations of a business and come at a significant cost to the victim. The media has focused on the prevention of such attacks with general advice to avoid clicking on unknown links,[…]

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2017 Florida Condominium and Homeowners Association Legislation

May 15, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate

During the legislative session which ended on May 5, 2017, the Florida legislature passed 5 bills that will become law on July 1, 2017, unless vetoed by Florida's Governor Scott: Senate Bill 398, House Bill 653, House Bill 1237; Senate Bill 1520, and HB 6027.  Below is a summary of the legislation which will be sent to the Governor. Senate Bill 398:[…]

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Equitable Lien on Homestead Upheld

May 11, 2017
David L. Gay  |  Complex Commercial Litigation, Dispute Resolution

A recent decision from the Fourth District Court of Appeal is a reminder that Florida’s homestead protection, while often viewed as sacrosanct, is not absolute. In Flinn v. Doty, Case Nos. 4D15-2424 and 4D15-3481, the Court upheld an equitable lien on the appellant’s homestead property with respect to claims that the mortgage on the property had been[…]

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Legislation to Reform Florida's Construction Defect Law Die in Florida Legislature

May 8, 2017
Jeffrey S. Wertman  |  Dispute Resolution

Two bills, HB 1271 and SB 1164, seeking to overhaul Florida’s construction defect law (Chapter 558 of the Florida Statutes), did not make their way out of the Florida Legislature. Although HB 1271 passed all committees, it died on the calendar awaiting second reading. A vote on its counterpart, SB 1164, was temporarily postponed in the Judiciary[…]

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Florida Legislature Passes “Public Notice of Pollution Act”

May 4, 2017
Daniel H. Thompson  |  Uncategorized

On May 3, 2017, the Florida House of Representatives unanimously voted in favor of the “Public Notice of Pollution Act,” which had already unanimously passed in the Florida Senate as Senate Bill 532. Before final passage SB 532 became part of SB 1018.  Governor Scott had previously asked the Florida Legislature to approve and send him a pollution notification bill.  He now has announced his intention to sign the bill, which upon enactment will be codified at Sections 403.076-403.078, Florida Statutes, with an effective date of July 1, 2017.[…]

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No Funding for Sessions in the War Against Medical Marijuana

May 4, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

For months there has been speculation whether Attorney General Jeff Sessions would enforce federal law against states that have legalized the distribution and use of medical marijuana. Sessions most recently warned that, “…it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.”[…]

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Homecourt Advantage: Pitfalls, Challenges and Opportunities regarding nonparty witness subpoena motion practice in Federal District and Bankruptcy Court

May 4, 2017
Paul A. Avron  |  Bankruptcy/Restructuring

Practitioners Beware: When a client located in the state in which you practice law is served with a subpoena from a federal court located in another state, only the relevant federal court in your state (whether district or bankruptcy court) can adjudicate a motion to quash or otherwise modify the subpoena.  A recent decision from a Colorado bankruptcy[…]

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The Week in Marijuana (April 24-28, 2017): "Hippies and stoners?…this is about medicine"

May 1, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

As the Red Queen said to Alice in Lewis Carroll’s “Through the Looking Glass,” “Now, here, you see, it takes all the running you can do, to keep in the same place.”[…]

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To "C" or Not To "C"? A Triumph of S-Election Form Over Substance

April 25, 2017
Nick Jovanovich and Mark Wisniewski  |  Corporate, Tax Litigation

For shareholders of S corporations and their advisors, avoidance of the potentially catastrophic tax consequences resulting from a “blown” S election is always an issue of paramount importance. Due to superior asset protection, limited liability, tax savings and self-employment tax benefits, many Florida business owners have opted to operate their[…]

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The Week in Marijuana (April 17-21, 2017)

April 20, 2017
Colin M. Roopnarine

CORRECTION: The 90-day period for patients to maintain a relationship with a “registered” physician to obtain an order for medical marijuana is still creating contention. The outcry had settled for a short while, but is again in full force. So again, with all of the debates, there has been little movement on the more controversial aspects of Amendment 2 implementation.[…]

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Legislation to Overhaul Florida's Construction: Defect Law Moving Through the Legislature

April 17, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Dispute Resolution, Real Estate, Real Estate Litigation, Residential Real Estate

In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent[…]

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Financial Institution Bankruptcy Act of 2017 – Big Changes for Big Banks

April 17, 2017
Brian G. Rich  |  Bankruptcy Code, Bankruptcy/Restructuring, Business Reorganization

When the real estate market and financial markets tumbled during 2007-2008, the fallout was felt by financial institutions from large multi-billion dollar banks to small Community Banks.  As these banks struggled to stay alive, a trend emerged for bank holding companies to market and sell a distressed bank through Section 363 of the Bankruptcy Code.[…]

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