Doing Business in Florida Blog

We’re All in This Together

June 19, 2018
Melanie Ann Hines  |  Dispute Resolution, Government and Regulatory, Hurricane Preparedness, Price Gouging

When the Governor declares a storm-related state of emergency, normalcy is suspended. Everyone rushes to stock up on batteries, food, water, ice, and lumber for “boarding up.” Gas stations become parking lots. ATMs run out of cash. Some people flee to hotels; others rent storage facilities for their possessions. For days on end, we are all focused on “the

Irma by the Numbers: The Claim Count Continues to Grow

June 17, 2018
Christopher B. Choquette  |  Hurricane Preparedness, Insurance

On June 12, 2018, the Office of Insurance Regulation (“OIR”) released an update on Hurricane Irma claims data received by insurers. The total number of reported Hurricane Irma claims has reached 978,767 with losses totaling an estimated $9,701,252,056. Of those claims, OIR reports that 823,733 are for residential properties and 58,544 for commercial

Are You Caught in the Storm?: What Bankruptcy Trustees Need to Know About Hurricane Claims

June 17, 2018
Ilyse M. Homer  |  Bankruptcy Litigation, Hurricane Preparedness, Insurance

On the heels of last year’s Hurricane Irma, everyone is mindful about the upcoming 2018 hurricane season. Last year, Hurricane Irma hit Florida and left about 65% of the state without power. In the months following the storm, businesses in the affected areas often struggled to recover, and it was a more difficult process for some more than for others.

Environmental Insurance Coverage: Now you have it – now you don’t

June 14, 2018
Dawn M. Meyers and Gina Clausen Lozier  |  Environmental, Insurance

In the transactional world, it has long been standard operating procedure to conduct due diligence and, should environmental conditions be found, contract around them through the use of indemnifications.  With a booming economy, though, sellers in a seller’s market have grown less willing to offer indemnification, pushing buyers into the realm of

Business Owners Beware: Defenses to the Big Bad Bankruptcy Trustee’s Suit Against Your Business for Fraudulent Transfers (Part II)

June 12, 2018
Ashley Dillman Bruce  |  Bankruptcy Litigation, Fraud/Securities Litigation

This article continues from a previous article by this author, available here: Your business now faces an adversary complaint filed by the bankruptcy trustee. The complaint has several counts alleging that your business received fraudulent transfers of assets from a debtor in bankruptcy. The complaint alleges two types of fraudulent transfers. The first

U.S. Supreme Court Upholds Employment Agreements Forbidding Class Actions and Requiring Individual Arbitration of Employment Disputes

May 21, 2018
Leonard K. Samuels  |  Dispute Resolution, Labor & Employment

In a 5-4 decision, a sharply divided U.S. Supreme Court today upheld the enforceability of widely used but controversial clauses in employment agreements, which require employees to forgo the possibility of proceeding collectively, and oblige them to resolve any disputes with their employers through individual arbitration.

Florida State Sales Tax Rate on Commercial Real Estate Property Leases Reduced Further Beginning January, 2019

May 16, 2018
Barry D. Lapides  |  Real Estate

As a follow up to my November 2017 post, the Florida Legislature passed a tax bill (HB 7087) which includes a further reduction in the sales tax rate on commercial leases. As anyone who is involved in leasing commercial real property in Florida is aware, the State of Florida imposes a sales tax on rental payments for the lease of real property. The tax

David Beckham-backed MLS Stadium Can Provide Assist to South Florida Real Estate Market

April 23, 2018
Joshua B. Brandsdorfer  |  Real Estate

As the Miami Heat gear up for the playoffs, the Miami Marlins get ready for Opening Day under new management, and the Miami Dolphins prepare for the NFL Draft, a new Miami sports franchise is still just trying to find a place to call home. This past January, to great fanfare in downtown Miami, Major League Soccer (MLS) officially announced league approval

The Eleventh Circuit Reaffirms the “Person Aggrieved” Standard

April 1, 2018
Lewis M. Killian Jr. and Ashley Dillman Bruce  |  Bankruptcy Litigation

The Eleventh Circuit recently reaffirmed the “person aggrieved” doctrine in In re Petricca, 17-10325, 2018 WL 1020046, at *1 (11th Cir. Feb. 22, 2018). The person aggrieved doctrine provides that a person may appeal from a bankruptcy court's order only if he is a person aggrieved by the order. The doctrine limits the right to appeal a bankruptcy

Impact of Tax Reform Act on Parties to Litigation

April 1, 2018
Mark Wisniewski  |  Corporate, Tax Litigation, Taxation

As a result of the new tax reform act (H.R. 1), signed into law by President Trump on December 22, 2017, a below-the-line deduction[1] for legal fees incurred in litigation is no longer available for tax years 2018 through 2025. Thus, plaintiffs in numerous categories of litigation could end up paying taxes on one hundred percent (100%) of the gross

Governor Signs Community Association and Condominium Legislation

March 28, 2018
Jeffrey R. Margolis  |  Condominiums, Real Estate

Following up on my February 16, 2018 post, Florida Governor Rick Scott signed House Bill 617, House Bill 841 and Senate Bill 7087 into law. Senate Bill 7087, which is the comprehensive tax package for the legislative session, authorizes vertical subdivisions of real property, specifically authorizing assessment of a “multiple parcel building” by

Affordable Housing in Florida: The Crisis is Real

March 26, 2018
Iryna Ivashchuk  |  Real Estate, Residential Real Estate

One of the biggest barriers to economic stability for households in the United States is the severe shortage of affordable homes. A household is considered severely cost burdened if it spends more than 30% of its income on housing (rent or mortgage payments). Florida is in the midst of an affordable housing crisis with the third largest homeless