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The Week in Medical Marijuana (April 10-14, 2017)

April 17, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

“The more things change, the more they stay the same.”  Another week has passed and the legislature continues to wrestle with the dilemma known as “Implementing Amendment 2.”[…]

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Note, Although a Recent Decision of the Fourth District Court of Appeal Reconfirms the Existence of an Exception to the “Intra-Corporate Conspiracy Doctrine,” the Exception Is Quite Limited

April 14, 2017
P. Benjamin Zuckerman  |  Appellate Litigation, Litigation

In Mancinelli et. al. v. Davis et. al., 42 Fla. L. Weekly D7842 (April 5, 2017), the Fourth District Court of Appeal reconfirmed the existence of an exception to the “intra-corporate conspiracy doctrine,” a doctrine used to insulate company agents (officers, directors, partners, members or employees) from claims that they conspired with their company to[…]

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Drones Are in the Air and "Should Also Be on Associations' Agendas”

April 14, 2017
Jeffrey R. Margolis  |  Condominiums, Drones, home owners associations, Real Estate Development, Residential Real Estate

Drones may be put to use for a variety of purposes including recreational use, videography and photography, inspection of facilities, and safety purposes. In the near future it is likely that drones will be widely used in commercial ventures including delivery of packages to individual residences.  There are so many potential uses for drones that one[…]

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All Aboard Florida Underway

April 6, 2017
Jeffrey R. Margolis  |  Government and Regulatory, Land Use & Zoning, Real Estate

The All Aboard Florida project has the potential to be transformational for South Florida real estate, providing opportunities for transit oriented development. Currently, the All Aboard Florida project is in active development including new railways and major new station developments along the railway.  Station construction projects at the four[…]

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The Life Settlement Industry – Bankruptcy Issues - Part 2

March 23, 2017
Leslie Gern Cloyd and Deborah B. Talenfeld  |  Bankruptcy/Restructuring, Business Reorganization, life settlements

This second installment of our series, “The Life Settlement Industry – Bankruptcy Issues”, will address two related issues: (1) What type of interest (if any) does an investor-creditor have in a “life settlement” (i.e., a life insurance policy sold by the original owner to a third party for a value in excess of the policy’s cash surrender value, but less[…]

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SURPRISE! You May Be A Lobbyist

March 21, 2017
Dawn M. Meyers  |  Government and Regulatory, Government Permitting and Licensing, Land Use & Zoning, Real Estate

Imagine you are a project manager for a developer whose next project is contingent upon obtaining a rezoning. Your boss sends you over to meet with a key member of the planning and zoning board prior to the vote to explain the project and convince her to vote for the rezoning. Imagine you are a manufacturer who supplies goods to a client who is seeking[…]

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EEOC’s Suit Against Florida-Based Transportation and Logistics Company May Interest Employers Nationally

March 16, 2017
Frank Scruggs  |  Dispute Resolution, EEOC, Employment Litigation, Equal Employment Opportunity Commission, Labor & Employment, Transportation

The Equal Employment Opportunity Commission ("EEOC") recently sued CRST International and CRST Expedited (a major trucking and logistics company based in Florida, “CRST”), alleging that it violated the Americans with Disabilities Act ("ADA") by refusing to retain a truck driver trainee, denying the trainee’s request for permission to be accompanied by[…]

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Careful: The Florida Supreme Court Clarified the Existence of Limits to the Litigation Privilege Doctrine and Provided a Clear Example of Why One Should Not Read Too Much into Court Decisions

March 16, 2017
P. Benjamin Zuckerman  |  Litigation

In Debrincat v. Fischer, 42 Fla. Weekly S141a (February 9, 2017), the Florida Supreme Court clarified limits to the litigation privilege doctrine, a doctrine often thought to provide absolute immunity for any actions taken in prior judicial proceedings by parties and other participants in those proceedings if related to those proceedings.  […]

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One Party's Trash is Another Party's Evidence: A Lesson in Spoliation in the Digital Age

March 3, 2017
Jordan B. Isrow  |  E-Discovery, Litigation

As the use of computers, cell phones and other electronic devices continues to rise, litigants and their attorneys are faced with new and unique challenges regarding the preservation of evidence to avoid potential repercussions resulting from claims for spoliation. Spoliation is defined as the destruction of evidence or the significant and meaningful[…]

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Florida's Construction Defect Statute: Renovation Begins Again

March 1, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Litigation, Real Estate, Real Estate Litigation, Residential Real Estate

Renovation is underway again on Florida’s construction defect law, Chapter 558 of the Florida Statutes. Florida’s construction defect law requires the owner of real property in Florida to provide contractors, developers and other construction parties with a formal written notice of potential construction defects and the reasonable opportunity to fix the defects before a construction defect lawsuit is filed.[…]

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Don't Rob Peter to Pay Paul

February 23, 2017
Lewis M. Killian Jr.  |  Bankruptcy Code, Bankruptcy/Restructuring, Business Reorganization, Director/Officer Litigation, Labor & Employment

When businesses experience financial difficulties, it is very common for them to “rob Peter to pay Paul.” Occasionally, this takes the form of using taxes that have been withheld from employees’ paychecks to pay expenses instead of remitting those funds to the IRS.  Of course, it is well known that even though such obligations are corporate, individuals[…]

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"Frustration" in the Florida Appellate Court: A Commercial Landlord's Battle to Defeat a Tenant's Excuse for Non-Performance

February 20, 2017
Jeffrey S. Wertman  |  Appellate Litigation, Commercial Real Estate, Condominiums, Construction & Design, Construction Litigation, Litigation, Real Estate, Real Estate Development

A recent Florida appellate opinion is likely to have a material impact on how future commercial real estate leases are drafted. Florida landlords wishing to avoid tenants’ defenses for nonperformance based on the doctrines of frustration of purposes, impracticality, or impossibility of performance should now more carefully assess how particular future events can affect a tenant’s performance and assign that risk to tenants in a lease.[…]

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