Doing Business in Florida Blog

SCOTUS Finally Clarifies Rights of Licensees of Bankrupt Brands

May 19, 2019
Geoffrey Lottenberg and Michael J. Niles  |  Trademark, Bankruptcy

Chapter 11 Debtor, Tempnology, LLC (“Tempnology”) is feeling the heat today, May 20, 2019, as the United States Supreme Court held that Mission Product Holdings, Inc., (“Mission”), a licensee of Tempnology’s “Coolcore” products, can continue to use Tempnology’s trademarks to sell and distribute its products in the United States.

Balancing the Need for Emergency Repairs against the Risk of Destroying Evidence

May 7, 2019
Stephanie M. Chaissan  |  Construction Litigation

What do you do when the need for emergency repairs arises when commencing or complying with Chapter 558 pre-suit requirements?  For example, say you are a residential property owner and have water coming through your roof and/or skylights, along with other roof construction defects.

Employees or Contractors? A Potential Shift in Policy & Its Consequences

April 30, 2019
Marianne Curtis and Leonard K. Samuels  |  Labor & Employment

On Monday, April 29, 2019, the Labor Department issued an “opinion letter” finding that an unidentified company, with a work force that reportedly cleans residences, are contractors—not employees.

High-Tech Start-Ups Get Relief From Latest Opportunity Zone Proposed Treasury Regulations

April 17, 2019
Mark Wisniewski  |  Opportunity Zone, Taxation

Qualified Opportunity Zones (“QOZs”) are low-income population census tracts situated in urban, suburban or rural areas that have been specifically designated as QOZs by the governors of the various states and U.S. territories in which such QOZs are situated, and certified as such by the U.S. Treasury.

Data Points from Southeast Multifamily Forum

March 25, 2019
Jeffrey R. Margolis  |  Real Estate

The Southeast Multifamily Forum provided the latest market data, analytics and analysis on the Southeast Multifamily Market.  Highlights of the data points presented include the following:

Disclosure of Special Taxing Districts

March 20, 2019
Jeffrey R. Margolis  |  Taxation, Real Estate

My January 23, 2019 post explained that Miami-Dade County was considering an amendment to the Code of Miami-Dade County relating to the disclosures required by a seller of residential property located within a special taxing district. 

Legislation to Significantly Refurbish Florida’s Construction Defect Law Moving Through the Legislature

March 19, 2019
Jeffrey S. Wertman  |  Construction Litigation

Florida SB 1246 (related HB 911) seeks major changes to Florida’s construction defect law, Chapter 558, Florida Statutes, including repealing the pre-suit notice and opportunity to repair requirements (notice of claim, reasonable inspection of the property, and settlement offers) and requiring

Collaboration is Key to Successful Opportunity Zone Development in Florida

March 18, 2019
Sha`Ron James and Brian G. Rich  |  Government and Regulatory, Opportunity Zone

There is a tremendous amount of buzz around the state of Florida regarding Opportunity Zones.  No matter where you stand on the issue of the economic development zones created by President Trump’s Tax Cuts and Jobs Act of 2017, Opportunity Zones provide significant tax

Supreme Court Rules Registration, Not Just Application, Required to Sue for Copyright Infringement

March 4, 2019
Geoffrey Lottenberg  |  Copyright, Copyright Infringement

United States Copyright law protects authors of creative works against unwanted copying, distribution, and other acts of infringement.  While registration is not required to have rights, federal courts have historically been split on whether registration is required in order to file an infringement lawsuit. 

What Should Florida’s Regulated Industries Expect This Legislative Session

March 3, 2019
Sha`Ron James  |  Government and Regulatory

Florida businesses, particularly those in regulated industries such as healthcare, transportation, utilities, and financial services, play a vital role in our state’s economy.  Each year, during Florida’s legislative session, the interests of regulated industry stakeholders are front and center, as legislators look to balance the long-term needs of our state with policies that have immediate impact. 

Attorney General Nominee, William Barr, and Fixing Florida’s Medical Marijuana Industry

January 28, 2019
Colin M. Roopnarine  |  Medical Marijuana

Once again, the country is poised to welcome another Attorney General – William Barr.  While many questions abound and speculations swirl around his views and stance on many issues, none may be more impactful in Florida than his views on medical marijuana.  There had always been an air of apprehension with former Attorney General Jeff Sessions,

Miami-Dade County to Consider Ordinance Requiring Disclosure of Special Taxing Districts

January 22, 2019
Jeffrey R. Margolis  |  Real Estate, Residential Real Estate, Taxation

Miami-Dade Board of County Commissioners will consider today for first reading an amendment to the Miami-Dade County Code which would require sellers of residential property located within a special taxing district to disclose to buyers that such property is located within a special taxing district and subject to payment of assessments.