Doing Business in Florida Blog

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

The Week in Marijuana (April 24-28, 2017): "Hippies and stoners?…this is about medicine"

April 30, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

As the Red Queen said to Alice in Lewis Carroll’s “Through the Looking Glass,” “Now, here, you see, it takes all the running you can do, to keep in the same place.”

To "C" or Not To "C"? A Triumph of S-Election Form Over Substance

April 24, 2017
Nick Jovanovich and Mark Wisniewski  |  Corporate, Tax Litigation

For shareholders of S corporations and their advisors, avoidance of the potentially catastrophic tax consequences resulting from a “blown” S election is always an issue of paramount importance. Due to superior asset protection, limited liability, tax savings and self-employment tax benefits, many Florida business owners have opted to operate their

The Week in Marijuana (April 17-21, 2017)

April 19, 2017
Colin M. Roopnarine

CORRECTION: The 90-day period for patients to maintain a relationship with a “registered” physician to obtain an order for medical marijuana is still creating contention. The outcry had settled for a short while, but is again in full force. So again, with all of the debates, there has been little movement on the more controversial aspects of Amendment 2 implementation.

Legislation to Overhaul Florida's Construction: Defect Law Moving Through the Legislature

April 16, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Dispute Resolution, Real Estate, Real Estate Litigation, Residential Real Estate

In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent

Financial Institution Bankruptcy Act of 2017 – Big Changes for Big Banks

April 16, 2017
Brian G. Rich  |  Bankruptcy Code, Bankruptcy/Restructuring, Business Reorganization

When the real estate market and financial markets tumbled during 2007-2008, the fallout was felt by financial institutions from large multi-billion dollar banks to small Community Banks.  As these banks struggled to stay alive, a trend emerged for bank holding companies to market and sell a distressed bank through Section 363 of the Bankruptcy Code.

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

April 16, 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.”

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 13, 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

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

April 13, 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

All Aboard Florida Underway

April 5, 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

The Life Settlement Industry – Bankruptcy Issues - Part 2

March 22, 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