Doing Business in Florida Blog

“Privacy Shield” for Europeans’ Data Use in US Dissolves

July 16, 2020

On July 16, 2020, the European Union Court of Justice ruled that the EU-U.S. Privacy Shield, a compliance policy governing the protection of data transferred from the EU to the United States, was invalid.  As a result, U.S. businesses can no longer rely on the Privacy Shield framework in connection with their collection, usage, retention and transfer of personally identifying information about EU residents and citizens. 

Protecting Trade Secrets When a Hurricane Hits During a Pandemic

July 15, 2020
Gavin C. Gaukroger  |  Trade Secrets , Hurricane Preparedness, Atlantic Hurricane Season, Hurricane Insurance Claims

With more and more employees working from home or other places remotely from their normal brick and mortar office buildings, employers with protectable trade secrets have an added stress when a hurricane looms -- to safeguard their valuable confidential business and professional information from exposure or loss.  The Covid-19 pandemic presents many similarities to the burdens caused by a pending hurricane.  
 

Learn Your ABC’s: Understanding Your Basic Homeowner’s Insurance Coverage

July 14, 2020
Gina Clausen Lozier  |  Hurricane Preparedness, Atlantic Hurricane Season, Hurricane Insurance Claims

Third DCA rules Pre-2018 policy renewals only require Notice of Policy Change and Notice of Mediation Rights is only required once dispute arises

July 13, 2020
Madelyn Rodriguez  |  Hurricane Insurance Claims, Hurricane Preparedness

In its recent decision in People’s Trust Insurance Company v. Lavadie, Florida’s Third District Court of Appeal addressed the requirements for notice of policy changes and notice of mediation availability. The underlying loss involved damage to the insureds’ home caused by a water leak in April 2016. The insurance company acknowledged coverage for the loss and notified the insured homeowners that it would be using its contractor to repair the damage. The homeowners provided the insurance company with their contractor’s estimate, which was significantly higher than the insurance company’s estimate. In response, the insurance company sent a letter advising the homeowners of mediation’s availability to attempt to resolve the dispute. The insurance company also sent a letter demanding an appraisal of the claim. After the homeowners refused to proceed with the appraisal, the insurance company filed suit. 

What You Need To Know About Construction Weather Delay Claims

Jeffrey S. Wertman  |  Hurricane Preparedness, Hurricane Season, Construction

Inclement weather particularly tropical storms and hurricanes can have a devastating economic impact on a construction project. There may be labor cost overruns, material cost overruns, equipment rental overruns and disruption of cash flow due to time extensions and interest payments, just to name a few. Planning for and understanding weather delays claims will help construction businesses avoid disputes.

Blog Update: Florida’s Commercial Real Property Receivership Act Becomes Law

July 6, 2020
Anthony J. Carriuolo  |  Commercial Real Property Receivership Act

Real Estate and Community Association Legislative Update: Tracking New Legislation

June 29, 2020
Jeffrey R. Margolis  |  HOA, Real Estate

Supreme Court Permits Trademark Registration for Booking.com

June 29, 2020
Heidi Howard Tandy  |  Intellectual Property, Registered Trademarks

More Red Sand in the Hourglass of Oz: IRS Notice 2020-39 Provides Relief in Respect to Certain Key QOZ Deadlines

June 19, 2020
Mark Wisniewski  |  Qualified Opportunity Zones, COVID-19

 On Thursday, June 4, 2020, the Internal Revenue Service (the “IRS”) released Notice 2020-39 (the “Ozone Deadline Relief Notice”) which provides substantial relief to existing and prospective investors in qualified opportunity funds ("QOFs") to mitigate potential degradation of their investments resulting from disruptions to construction and development operations of  QOZ projects attributable to the COVID-19 pandemic.
 

“Less than Expected” Effect on Construction Supply Chain from COVID-19?

June 16, 2020
Stephanie M. Chaissan  |  Construction, COVID-19, New Normal

Like all industries, construction is adapting to the “new normal” – and that likely means something different in each state, city, or municipality.  While some projects, companies, and locales may have been affected “less than expected,” some have felt the full brunt of work stoppages, material shortages, delays, and other effects of the global coronavirus pandemic.
 

“I Wonder If My Favorite Restaurant/Bar is Thinking of Me”: The Guidelines on the Reopening of Restaurants, Cafes and Bars as the Business Closure Orders are Lifted

June 4, 2020
Iryna Ivashchuk  |  COVID-19, Restaurants and Hospitality

As the stay-at-home orders related to COVID-19 pandemic are being lifted, restaurants and other food and beverage operations must consider what measures to take to safely and efficiently operate in the new world that has forever been changed by COVID-19. The U.S. 

CARES Act: Foreclosures and Evictions

May 21, 2020
Jeffrey R. Margolis  |  CARES Act , Real Estate, Foreclosures, Evictions

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief and Economic Security Act of 2020 (“CARES Act”), which provides for financial relief due to the COVID-19 pandemic.