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A Victory for Florida Policyholders: The Florida Supreme Court Upholds the Concurrent Cause Doctrine

November 30, 2016
Michael J. Higer and Gina Clausen Lozier

The OCR's Phase 2 HIPAA Audit Program and Cloud-Service Providers, and an Alert Regarding Phase 2 Audit Email Phishing Scams

November 29, 2016
Gavin C. Gaukroger

Upcoming 'Sessions' in the State Legalized Marijuana and Financial Services Industry

November 21, 2016
Colin M. Roopnarine

President-elect Donald Trump sent shock waves through the medicinal and recreational marijuana industry last week when he nominated Senator Jeff Sessions for United States Attorney General. But why should the mere nomination reverberate as it did?  Senator Sessions is a former attorney general for the State of Alabama who as an advocate and ardent supporter of Nancy Reagan’s “Just Say No” message, commented in April of 2016 that “good people don’t smoke marijuana.”  Sen. Sessions has been outspoken in his stance on drugs and immigration, and has never wavered in his conviction on adhering strictly with the relevant laws.

Medical Marijuana in Florida: Amendment 2's Passage

November 9, 2016
David K. Black and Colleen Maranges

Is a Property Owner Required to Accept Its Contractor's Offer to Repair Construction Defects

November 7, 2016
Jeffrey S. Wertman

A question that frequently arises after a construction project is whether a property owner should accept its contractor’s offer to repair construction defects. The scenario goes something like this. Shortly after a contractor completes a construction project, the property owner discovers the contractor’s work is defective. The contractor makes an offer to remedy the defect. The owner refuses to accept the contractor’s offer and hires a different contractor to repair the defects. A lawsuit follows. Can the owner recover damages for the cost to repair the defects?

Time Is Running out – the Florida Family Trust Company Clock Is Counting Down

November 7, 2016
Colin M. Roopnarine

For Family Trust Companies contemplating or operating currently in Florida, pursuant to Section 662.1225, Florida Statutes, “A [family trust] company in operation as of October 1, 2016, which meets the definition of a family trust company, must, on or before December 30, 2016, apply for licensure as a licensed family trust company, register as a family trust company or foreign licensed trust company, or cease doing business in this state.”  (Emphasis added).  But how did we get here?

Make Sure to File Entity Classification Election if Non-Default Tax Status Desired

November 6, 2016
Nick Jovanovich

Match or Clash? – Marijuana Related Businesses and Financial Institutions

October 26, 2016
Colin M. Roopnarine

With the adoption of laws permitting the growth and distribution of medical marijuana in a limited capacity, Florida has nevertheless embarked on a journey that is fraught with uncertainty.  This blog will focus on one of those uncertainties –marijuana-related businesses, financial implications and banking.

Court Ruling on CFPB

October 16, 2016
Colin M. Roopnarine

If you are engaged in the consumer finance industry, including payday lending or check cashing, a recent court decision challenges the fundamental legal authority of the federal agency regulating the industry.  The fallout from this decision will have far reaching consequences for how the consumer finance industry is going to be regulated going forward.

Florida's Urban Revitalization: Good-Bye White Picket Fences, Hello Live-Work-Play Communities

October 13, 2016
Iryna Ivashchuk

Why Florida Businesses Should Keep Their Eye on Puerto Rico

October 10, 2016
Jordi Guso

Don't Let Your Guard Down: The Aftermath of Hurricane Matthew

October 10, 2016
Gina Clausen Lozier and Michael J. Higer