Doing Business in Florida Blog

Fair Use Developments: Supreme Court Rules For Google In Oracle Copyright Dispute

April 7, 2021
Heidi Howard Tandy  |  Fair Use , Intellectual Property, Copyright

Although it’s only the first week of April, the Spring of 2021 has already dappled with three significant rulings on the concept of fair use of a third party’s copyright. Fair use is a concept that exists in US copyright law, which allows third parties to use another’s copyright-protected content without obtaining a license, asking for permission or consent, or paying a fee. Judge Pierre Leval, formerly of the Second Circuit, once described it in an article as a court-recognized doctrine that allowed unauthorized reproduction of copyrighted material that would not infringe the copyright holder’s rights.

NIL Legislative Updates

April 1, 2021
Geoffrey Lottenberg and Brittany N. Husk  |  College Athletes , NIL Legislative Updates, The Intercollegiate Amateur Sports Act of 2020.

Student-athletes, schools, and businesses continue to watch closely. Legislatures and governing bodies grapple with the changing landscape of collegiate athletics and the ever-pressing issues surrounding the student-athlete's desire to monetize their name, image, and likeness and otherwise be compensated for their contributions toward their schools. Recent developments, including proposed legislation and newly enacted rules and procedures, are shedding light on the details of how amateur and collegiate athletes can pursue business opportunities.

3D Printing: New Technology, New Risks

March 17, 2021
Stephanie M. Chaissan and Heidi Howard Tandy  |  Construction, 3D Printing , Intellectual Property, Copyright

The construction industry was booming in the United States in the first quarter of 2020 – then COVID-19 hit. The industry has experienced project delays and shutdowns, supply disruptions, increased safety protocols, rising materials costs, and labor shortages in the past year. But with the lessons learned from the 2008 recession and the use of emerging technology, the industry is poised to emerge stronger after the pandemic.

Does the Florida Legislature Finally Have a Fix to Construction Defect Law?

March 17, 2021
Jeffrey S. Wertman  |  Construction, Construction Defects Bill

Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as a precondition for a construction defect lawsuit. 

Client Alert: “Having One for the Road” Takes on a New Meaning with CS/SB148

March 15, 2021
Colin M. Roopnarine  |  to-go liquor

One of the many adaptations adopted by Florida restaurateurs during the shut-down in an effort to keep their customers happy and their businesses afloat may find itself into the post-COVID mainstream.  CS/SB 148 was introduced by Senator Bradley and the Regulated Industries Committee specifically to address the continued ability for restaurants to include alcoholic beverages in to-go orders.  It allows an establishment to sell and deliver alcoholic beverage drinks prepared and sealed by an establishment with a “special restaurant license” for off-premises consumption.  A “special restaurant license” requires that at least 51 percent of gross food and beverage revenue must be derived from the sale of food and non-alcoholic beverages during the first 60-day operating period and each 12-month operating period thereafter.  The Bill also allows for manufacture-sealed beer, wine and liquor and transported in a bag.  

Further Tolling of Development Orders and Permits as a Result of Extension of State of Emergency

March 8, 2021
Jeffrey R. Margolis  |  State of Emergency , Pandemic

Florida Governor Ron DeSantis issued Executive Order No. 21-45 on February 26, 2021, further extending the state of emergency originally declared by Executive Order No. 20-52 for another sixty (60) days until April 27, 2021. 

Responding to a Hail Loss

March 3, 2021
Madelyn Rodriguez  |  Hailstorm , Insurance, Weather Week

While climate change effects on weather phenomena, including hail, are still emerging, some researchers believe that the hailstorm incidences are spreading into areas previously untouched by hail. In contrast, many others predict that climate change will result in increasingly severe hailstorms.

Are you weather ready? Understanding your Coverage

March 2, 2021
Michael J. Higer  |  Weather Week , Wind Created Openings, Insurance

It’s raining outside and he winds are howling. There are water leaks throughout your home and you are running around your home trying to dry up the puddles and wipe down the watermarks and stains. All the while, you are thinking as soon as the day breaks, you are going to call your insurance company to report the obvious water damage to your home so that it can assist you in making the necessary repairs by paying for the damage.

Federal Court Rules that CDC Eviction Moratorium is Unconstitutional

March 1, 2021
Jeffrey R. Margolis  |  Real Estate , Eviction Moratorium, COVID-19

The Center for Disease Control and Prevention’s Order declaring a national moratorium on residential evictions effective January 31, 2021 through March 31, 2021, was declared unconstitutional by a U.S. District Court in Texas. 

New ALTA Survey Standards to Take Effect February 23, 2021

February 2, 2021
Jeffrey R. Margolis  |  Real Estate , American Land Title Association

Effective February 23, 2021, the Minimum Standard Detail Requirements of the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) for Land Title Surveys are changing.  ALTA/NSPS recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, which, when effective, will supersede the existing standards introduced in 2016. 

Federal Moratorium on Evictions Extended

January 6, 2021
Jeffrey R. Margolis  |  Real Estate, Residential Evictions

The Centers for Disease Control and Prevention (CDC) halted residential evictions in September to stop the spread of COVID-19.  The order was set to expire at the end of 2020. President Trump recently signed into law a COVID-19 aid package that extends the federal moratorium on evictions until January 31, 2021

Insurance Companies Saved By the Bell?

January 5, 2021
Michael J. Higer

On the last day of a year that will live in infamy, the Supreme Court of Florida issued a decision that will tip the scales of justice ever so slightly in favor of insurance companies and against property owners—both commercial and residential.