Columns

Commentary

Statute of Repose for Latent Construction Defects Extension Creates Increased Risk

Adam P. Handfinger and Nathalie Vergoulias | September 24, 2018

On March 23, Gov. Rick Scott approved House Bill 875, which amended Florida Statute Section 95.11(3)(c) by extending the Statute of Repose (the ultimate deadline to assert claims) for latent construction defect claims.

Commentary

What Can the Law Profession Do to Prevent Mental Health Issues?

Brian L. Tannebaum | September 21, 2018

I read with interest Joe Ankus’ important article on lawyers and mental health where he tells the story of the seemingly happy and relaxed lunch delivery guy, bringing him his sandwich while he toiled away at his Big Law associate desk.

Commentary

Under the Influence: How Social Media Can Make You the Go-To Authority

Julie Talenfeld | September 20, 2018

Seasoned professionals know their industry. They may even qualify as experts in their field. Then again, so can their competition. If you’re a seasoned pro, how do you set yourself apart? Making the leap from industry expert to influencer can make the difference between attorney and rainmaker.

Commentary

When Your Business Partner's Divorce Seems Like Your Own

Chantale L. Suttle | September 20, 2018

You may think your marriage will last forever. But do you have the same faith in your business partner’s marriage? If your partner’s divorce gets ugly, it can cost your business money and cause the disclosure of confidential business information.

Commentary

New Private Beach Access Law Attempts to Clarify Possession of Real Property

Alessandra Stivelman | September 19, 2018

One of the many perks of living in the Sunshine State is our beaches. Access to the ocean is often from a public park and has long been viewed as a public amenity and free natural resource for both residents and visitors.

Commentary

Court Ruling Complicates Condominium Member Lawsuits

Roger Slade and Jonathan Goldstein | September 18, 2018

A recent decision from an appellate court in Tallahassee will likely create significant hurdles for condominium unit owners who wish to sue their association and its directors for wrongdoing that affects the entire membership.

Commentary

Do Schools Have an Increased Responsibility to Prevent Violence?

Christopher Marlowe | September 17, 2018

Basic rules, codes of conduct and discipline, are areas in which we accept that our schools will act with authority as surrogates for the benefit of our children. Both to maximize the learning taking place, but also the very safety of our children.

Commentary

How Can We Help Women Lawyers Achieve Long-Term Careers?

Elizabeth S. Baker | September 14, 2018

At the ABA annual meeting in Chicago meeting this August, an ABA panel discussed data compiled by an initiative led by Miami’s own Hilarie Bass as ABA president. The initiative title is "Achieving Long-Term Careers for Women in Law."

Commentary

Takeaways From EB-5 Industry Conference Can be Hard to Digest

Ronald R. Fieldstone | September 13, 2018

I recently attended the EB5 Investors Magazine Conference in Los Angeles and the takeaways from this national event are significant.

Commentary

Substantial Compliance? Strict Compliance?—How to Tell Opposing Counsel You’ll Be Seeking Fees

Eduardo Ayala Maura | September 12, 2018

In the United States, the default is you pay your own attorney fees. Unless there is a statute or a contract the default applies. Litigators in Florida are not shy to seek fees from the other side.

Commentary

Attorneys and Mental Health First Aid—an Introduction

Joseph Ankus | September 11, 2018

As a legal recruiter for over 25 years in South Florida, I have worked with thousands of attorneys and have noticed a steadily increasing need for basic mental health education.

Commentary

Do You Have a Privacy Right to Your DNA?

Franklin Zemel and Ariel Deray | September 10, 2018

You have enforceable property rights to your home, investments, artwork, and even your family pet. But when it comes to your DNA—the most intimate of all your personal possessions—all bets are off.

Commentary

Private Facebook Profiles Are Not Private in Lawsuits

Franklin Zemel and Ariel R. Deray | September 07, 2018

In its recent opinion in Forman v. Henkin, the highest court in New York concluded that information posted on a user’s private Facebook profile is discoverable.

Commentary

Appellate Court Strictly Construes FAR-BAR 'As Is' Residential Sales Contract

Oscar R. Rivera | September 06, 2018

When real estate transactions are not consummated, disputes over alleged violations of the terms of the sales contract are par for the course. However, when a Florida appellate court recently affirmed an $850,000 award for legal fees and costs in a dispute over a $2.85 million residential sale gone awry, the real estate industry takes notice.

Commentary

Going Strong: Slavin Doctrine Continues to Protect Fla.’s Builders, Designers

Georg Ketelhohn | September 04, 2018

In Florida’s construction industry, the decision that gave life to the Slavin Doctrine, the Florida Supreme Court’s ruling in Slavin v. Kay in 1958, has withstood the test of time and appears to be as strong as ever.

Commentary

Sign Code Revision: Supreme Court's 'Reed' Decision and Its Impact

Gregory Hyden | September 04, 2018

When it comes to temporary signs, particularly political signs, there’s a good chance most local governments’ sign regulations are not constitutional. Having reviewed sign codes from across the state of Florida, it is clear most would not survive a constitutional challenge.

Commentary

Marlins Strike Out in Play for Home 'Court’ Advantage

Corey Berman | August 29, 2018

The Miami Marlins’ attempt to litigate in federal court their contentious case with the city of Miami and Miami-Dade County regarding the team’s accounting of the payment owed to the city and county based on the stadium deal struck with the Marlins’ prior owner Jeffrey Loria ended in a double play.

Commentary

Is Your Business a Debt Collector?—If So, Watch Out.

Charles M. Tatelbaum and Ian Lis | August 28, 2018

On Aug. 7, the U.S. Court of Appeals for the Third Circuit issued an opinion in the case of Tepper v. Amos Financial (Case No. 17-2851) which has sent, and should send, shock waves to creditors and institutions that not only regularly purchase debt, but also those who can be classified as "debt collectors" under the Federal Fair Debt Collection Practices Act (FDCPA) 15. U.S.C. Section 1692.

Commentary

Attorney Fee Safe Harbor Proposals Conflict to Go Before Fla. High Court

Travis Halstead | August 27, 2018

Imagine you handled the defense of a case for your client perfectly. You serve a proposal for settlement early in the proceedings that that the plaintiff receives, but does not accept.

Commentary

Too Drunk to Ride? Ride-Sharing Services May Drop Loyal Clients

Robert F. Lewis | August 23, 2018

With ride-share services appealing increasingly to late-night partygoers, Uber seems to be taking more seriously the risks associated with these passengers—particularly the drunk ones.

Commentary

As Art Season Approaches, Landlords Should Be Wary of Creative Claims

Steven D. Weber | August 22, 2018

As the season for art fairs in Miami approaches, owners of commercial and residential buildings may wish to temporarily display artists’ works on their spaces to promote those art fairs or even their own spaces.

Commentary

Distressed Hospital Trend Continues and the Potential Impact on South Fla. Grows

Brian G. Rich | August 21, 2018

News of distressed hospital and health care facilities has increased dramatically. Around the country, bankruptcy cases involving financially vulnerable hospital organizations and health care facilities are occurring much more frequently.

Commentary

The Science to Networking and Building Your Law Practice

Julie Talenfeld | August 20, 2018

For some people, networking comes easy. They love to meet new people, talk about their business and press the flesh. But are they building the business, or just talking about themselves?

Commentary

#MeToo Movement Making Waves in the Cruise Line Industry

Spencer Aronfeld | August 17, 2018

As the “#MeToo” movement continues to gain momentum throughout the United States, cruise ship passengers are feeling empowered to do the same as reports of sexual assaults increase on some of the world’s most popular cruise lines.

Commentary

Appeals Court Tosses Asbestos Case for Lack of Jurisdiction

Walter G. Latimer and Bruno Renda | August 16, 2018

On July 25, Florida's Fourth District Court of Appeal reversed a trial court decision in Southern Wall Products v. Stephen Bolin and Bakers Pride Oven Company, Case No. 4D18-875 (July 25, 2018), and ordered the dismissal of an asbestos defendant due to lack of personal jurisdiction.

Commentary

Personal Engagement Takes Essure Case Beyond Courtroom

Justin Parafinczuk and Marcus Susen | August 15, 2018

The Essure contraceptive was marketed as a way to give women highly reliable birth control and millions of women trusted the product to give them peace of mind. When the product failed, leading to pain, suffering, surgeries, even reports of deaths, addressing its failure and delivering resolution to those affected would require more than mass tort litigation.

Commentary

Clock Ticks for Irma Insurance Claims: Don't Leave Money on the Table

Walter J. Andrews and Cary D. Steklof | August 14, 2018

With the one-year anniversary of Hurricane Irma fast approaching on Sept. 10, policyholders who are still involved in insurance disputes may soon be forced to decide whether to file suit.

Commentary

Litigation Jobs Dominate in South Florida

Debra Frank Montero | August 13, 2018

Throughout the remainder of 2018, litigation should yield the greatest legal job prospects. More than half (52 percent) of U.S.-based lawyers surveyed by Robert Half Legal expect the litigation practice area to be the top driver of job growth at their law firms or companies in the second half of 2018, followed by general business or commercial law (12 percent) and real estate (9 percent).

Commentary

Is Insurance a Safety Net for Phishing or Whaling Attacks?

Walter J. Andrews | August 08, 2018

Just when one thought it was safe to go back into the water companies are being victimized by sophisticated and pervasive social engineering fraud attacks.

Commentary

A Warning to Serial Bankruptcy Filers and a New Remedy for Creditors

Jesse Cloyd | August 01, 2018

A situation that plays out far too often in bankruptcy courts: a debtor files bankruptcy on the eve of a foreclosure sale or the sale of a repossessed vehicle in an attempt to delay a lender from recovering and/or selling its collateral.

Commentary

How Will the Next Generation of Condo Owners Change Fla.'s Shared Ownership Communities?

Donna DiMaggio Berger | July 31, 2018

Despite statistics proving that the age of condominium owners in the Sunshine State is trending younger and younger these days, the stereotypical notion of a condominium dweller being retired and overly concerned with the lives of his or her neighbors still prevails.

Commentary

Turning the Plaintiff Against Itself Using the Wrongful Conduct Rule

Jason Domark, Charles C. Kline and Reid Kline | July 30, 2018

“A lot of money can be made if you’re willing to trip over a few penal statutes along the way.” That is how one court described a plaintiff’s actions in the context of the wrongful conduct rule.

Commentary

Know What You're Voting On: It's Important and It Takes Vigilance

Harvey J. Sepler | July 27, 2018

In a democracy, there is nothing more important than the right to vote. It is from there that enforcement of many of our other constitutional rights springs. But protecting the integrity of the voting process takes vigilance.

Commentary

Get In It to Win It. How to Make Social Media Work for You

Julie Talenfeld | July 26, 2018

Social media in the digital realm began a decade ago as a few websites that connected friends and families. Today, it is an indispensable tool to drive business, nurture client relationships, and elevate brands to the next level.

Commentary

Employers Should Take Proactive Steps to Avoid LGBT Discrimination Lawsuits

David R. Ruffner | July 25, 2018

As a practitioner in South Florida, I often defend businesses in the health care industry against employees’ claims of discrimination, including claims of discrimination based upon sexual orientation.

Commentary

Trade-Based Money Laundering—South Florida Is in the Bull’s Eye

Robert J. Becerra | July 24, 2018

Miami is blessed with year-round warm weather, beautiful beaches, cultural and ethnic diversity, and fortunate geography between the Americas and Europe.

Commentary

Supreme Court's Tax Decision Creates Just as Many Problems as It Solved

Howard W. Gordon and Carlos A. Lievano III | July 23, 2018

The Supreme Court's decision on June 21, 2018, South Dakota v. Wayfair, Inc., No. 17-494, 583 U.S. __ (2018), removed the physical presence rule in favor of an analysis that is better aligned with our modern commerce clause jurisprudence.

Commentary

The Florida Supreme Court Expands Rights of Biological Parents

Douglas H. Reynolds and Henny L. Shomar | July 19, 2018

Connor Perkins knew he was the father. He was there when his girlfriend Treneka Simmonds gave birth to their child in February 2013. He took the child to doctor’s appointments, enrolled the child in daycare, voluntarily paid child support and was referred to as “daddy” by the child.

Commentary

Circuit, Appellate Courts Issue Injunction Against HOA to Fix Flooding Problems

Michael L. Hyman | July 18, 2018

South Florida’s flooding woes are well documented, and the flood warnings at the start of this year’s rainy season in mid-May were a reminder that the problem continues to grow worse with every passing year.

Commentary

Red Hen Confusion Is a Trademark Lesson for All

Joseph R. Englander | July 17, 2018

The story of the Little Red Hen is old and familiar. None of the hen's animal friends would help make the bread. When asked to help, "Not I!" the grammatically correct animals would reply.

Commentary

Third DCA: Juries, Not Insurers, Have Final Say in Damage Estimates Disputes

Tara Faenza | July 16, 2018

The first party property claims community is reeling from a recent Third DCA decision that slayed the Slayton argument routinely cited in defense motions for summary judgment over the last few years.

Commentary

Florida’s Attorney General Is Putting 'Tech Support' on Life Support

Jeffrey C. Schneider, Stephanie Reed Traband and Marcelo Diaz-Cortes | July 12, 2018

Since the early days of the internet, web-surfers have dealt with the annoyance of pop-up ads. Some pop-ups, however, do more than just annoy. Some serve a very specific function: to trick you into believing your computer is infected with malware and use that fear to sell you worthless “tech support” and software.

Commentary

Could Your Business Avoid an ADA Drive-By Lawsuit?

Stephanie N. Moot and Carol C. Lumpkin | July 11, 2018

Title III of the Americans with Disabilities Act (ADA) is designed to ensure that individuals with disabilities have equal access to the goods and services offered by a place of public accommodation.

Commentary

Why 'Bristol Myers' Doesn’t Apply to Class Actions

Tal J. Lifshitz and Rachel Sullivan | July 10, 2018

Class action defendants are attempting to rewrite longstanding principles of personal jurisdiction, trying to defeat certification of nationwide classes by arguing that a court lacks personal jurisdiction over out-of-state class members’ claims where the defendant does not reside in the court’s forum state.

Commentary

Tax Reform’s Underrated Commercial Real Estate Impact Amid Residential Frenzy

Jaime Sturgis | July 09, 2018

Following the approval of the federal tax reform bill, much of the discussion has centered on the legislation’s disproportionately negative impact on tax-heavy states and the anticipated influx of residents from those states relocating to tax-free states like Florida.

Commentary

News Outlets May Soon Face Negligent Security Lawsuits Under 'Fake News' Era

Christopher Marlowe | July 06, 2018

The tragic fatal shooting of five journalists at the Capital Gazette in Annapolis, Maryland is a powerful reminder that private grievances are resulting in mass executions with increased frequency.

Commentary

High Court Internet Tax Decision Is a Sales Tax Tsunami for E-Commerce Industry

Marvin A. Kirsner | July 05, 2018

When the Supreme Court decided Quill v. North Dakota, 26 years ago, a sales tax case involving an office products catalog business, it created barely a ripple in the retail industry.

What Does High Court Ruling on Online Sales Tax Mean for Local Business?

Carl Richie | July 03, 2018

Thanks to a recent ruling by the U.S. Supreme Court, consumers who are planning on ordering a sofa from Overstock, or a new patio set from Wayfair, may end up paying sales tax on these purchases. However, that is far from the only consequence of the ruling.

Commentary

Using Tech and Innovative Management Styles to Retain Female Attorneys

Lara O’Donnell Grillo | June 29, 2018

It is no secret that women are grossly underrepresented and underpaid by comparison to their similarly qualified male peers in the upper echelons of the legal profession.

Commentary

Are Nondisclosure Agreements Being Pushed Too Far?

Michael P. Dunn and Tyler Stull | June 28, 2018

Out of the Stormy Daniels affair, the #MeToo movement, and the Larry Nassar scandal, a common practice has risen to the national forefront: the use of nondisclosure agreements.