Doing Business in Florida Blog

Post Loss Compliance: The Duty to Give Prompt Notice

June 5, 2017
Gina Clausen Lozier  |  Hurricane Preparedness, Insurance, Insurance Litigation

All property insurance policies impose responsibilities on an insured in the event of a loss. One of those responsibilities is to provide notice of a claim.  The purpose of a policy’s notice clause is to allow the insurance company to evaluate its rights and afford it an opportunity to investigate the claim.  Depending on the terms of the insurance

Vlog: The Tides have Changed: New Storm Surge Predictions from the NHC

June 4, 2017
Gina Clausen Lozier  |  Hurricane Preparedness, Insurance, Real Estate Litigation, Uncategorized

The Tides have Changed: Berger Singerman attorney Gina Clausen Lozier interviews WPEC CBS 12 meteorologist Lauren Olesky on what you need to know about the new storm surge predictions from the National Hurricane Center. Click here to watch For more information on what you need to know to protect your right to insurance benefits please do not hesitate to

It's Time to Batten Down the Construction Site in Anticipation of Severe Weather

June 4, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Dispute Resolution, Hurricane Preparedness, Real Estate Litigation

Hurricane season begins on June 1. Construction companies have a legal obligation to exercise reasonable care to protect and secure their job sites in anticipation of severe weather. Unsecured construction debris, tools, equipment or materials can be blown from the site and strike other property or persons. Taking reasonable precautions can help prevent

The Week in Marijuana (May 22-26, 2017)

May 29, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

Just when we thought the medical marijuana furor had quelled while the Legislature mulled a special session to address the implementation of Amendment 2, the “Week of May 22” resurrected what is sure to be a great deal of lively debate in Florida amongst several groups both for and against the implementation of Amendment 2.

Vlog: Cloud of Uncertainty Obscuring the Implementation of Medical Marijuana in Florida

May 21, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana, Uncategorized

This is a very brief overview of the uncertainty in the implementation of medical marijuana in the State of Florida following the passage of Amendment 2 to the state constitution. Click here to watch For more information on this topic, please contact the author, Colin Roopnarine, on the firm’s Government and Regulatory team.

Held hostage by ransomware? There is insurance for that.

May 16, 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,

2017 Florida Condominium and Homeowners Association Legislation

May 14, 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:

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

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

May 7, 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

Florida Legislature Passes “Public Notice of Pollution Act”

May 3, 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.

No Funding for Sessions in the War Against Medical Marijuana

May 3, 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.”

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

May 3, 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