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Commentary

Strategic Alliances Bring Big IP Power to GP Firms

Alex Fernandez | April 26, 2018

General practice (GP) firms around Florida are rethinking how to best serve their clients’ intellectual property needs. Instead of building a small patent group of a few patent attorneys, GP firms turn to an unexpected ally: big IP boutiques.

Commentary

Can Cryptocurrency Be Claimed as Tenancy by the Entireties Property?

Alan R. Rosenberg | April 25, 2018

“Make everything TBE!” This pearl of wisdom was offered to me by a bankruptcy trustee shortly before my nuptials. TBE—or more properly stated, tenancy by the entireties—is a form of shared property ownership in Florida and other jurisdictions that is unique to married couples.

Commentary

2018 Condo Legislation a Green Light for Electric Vehicle Owners

Jonathan Goldstein | April 24, 2018

House Bill 841, approved by the governor and taking effect on July 1, 2018, paves inroads for electric vehicles at condominium developments while extending the Distressed Condominium Relief Act and the deadline for associations to meet condominium website requirements, among various other changes intended to bring increased coherence to provisions of the Condominium Act.

Commentary

Made in China—Why the US Cares About Counterfeiting

A. Robert Weaver | April 23, 2018

At the heart of the Trump’s administration’s rationale for these latest tariffs is China’s widespread theft of intellectual property. China has historically been a counterfeit safe haven.

Commentary

Law Day 2018: Reflecting on the Great Gift of the Separation of Powers

Linda Leali | April 20, 2018

This year marks the 60th anniversary of Law Day, which was first established by President Dwight D. Eisenhower in 1958 as "a day of national dedication to the principles of government under law." This year’s theme as proposed by the American Bar Association is "Separation of Powers."

Commentary

New Tax Cuts and Jobs Act Impacts Law Firms and Attorneys: What’s in It for You?

Howard E. Hammer | April 19, 2018

Late in December, many local attorneys and law firm administrators were following the Republican tax plan with great anticipation of bringing home fatter paychecks with all that was being negotiated between the House and Senate.

Commentary

How Accounting Claims Can Be Game-Changers in International Litigation

Jason Domark, Charles C. Kline and Reid Kline | April 18, 2018

Imagine that your client invested in a foreign partnership, and the “partner” ran off with the funds. Or maybe your client relied on the wrong offshore wealth adviser, or placed funds with the wrong trust company.

Commentary

Accepting That LinkedIn Invitation May Be a Violation of a Nonsolicitation Agreement

Hugo V. Alvarez | April 16, 2018

Social media sites like Facebook and LinkedIn are increasingly being used today for professional purposes. Those purposes include maintaining professional networks and promoting certain brands and companies. On the other hand, an individual’s social media activity may serve as the basis for a claim involving the breach of a nonsolicitation agreement.

Commentary

Why Being a Jerk at Mediation Is Counter-Productive

Oscar Sanchez | April 12, 2018

The civil justice system is intentionally adversarial. The rules pit one party against the other in a contest to see who will win the case. It is sometimes said that from these competitive, adversarial contests, justice will emerge when the court rules for one party or the other.

Commentary

Facing Difficulties at the Ballpark, Marlins Seek Victory in Court

Corey Berman | April 11, 2018

A recent court filing by the Derek Jeter Marlins’ ownership group raised eyebrows: it claimed that the Miami Marlins were citizens of the British Virgin Islands (BVI) and not Florida.

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Commentary

Considerations Regarding Attorney-Client Privilege in the Joint Representation of Multiple Clients

By Merrick L. “Rick” Gross and Yolanda P. Strader | April 11, 2018

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and his client are confidential.

Commentary

What Legal Professionals Want in 2018: Less Stress, More Appreciation

Debra Frank Montero | April 10, 2018

Happy employees are good for business, according to a Robert Half study on workplace happiness, It’s Time We All Work Happy™. They’re more loyal, productive, healthier and motivated to contribute to their company’s bottom line.

Commentary

#MeToo Movement: 8 Guideposts to Avoid Legal Landmines

Paul O. Lopez | April 09, 2018

The scandals relating to the sexual harassment of women that have rocked Hollywood and have captured the headlines over the last few months have business owners and managers once again focusing on the crucial issue of how to deal with harassment and discrimination in the workplace.

Commentary

Going Solo: Six Financial Tips for Setting Up Your Own Law Firm

Eduardo “Eddy” Arriola | April 05, 2018

Many associates in large law firms dream of the day when they can go out on their own. However, without a clear understanding of the financial and operational realities involved in running a law practice, the transition from lawyer to small business owner can become a challenging one.

Commentary

'The Devil Is in the Details' When Negotiating a Profit Participation Arrangement

Jay M. Rosen | April 04, 2018

The Florida Marlins recently made news when a profit-sharing deal with Miami-Dade County resulted in zero profits to the county, even though Jeffrey Loria sold his baseball team for about $1 billion more than what he paid for in 2002.

Commentary

As Threats Loom to Retailers, Commercial Lease Terms Matter

Steven D. Weber | April 03, 2018

As the popularity of e-commerce continues to rise, some retailers are pressured to close brick and mortar stores or convert them into other uses.

Commentary

How to Take Your Side Without Risking Client Base

Julie Talenfeld | March 29, 2018

After serious events impact the public, people begin to take sides. Some rally together for reform, while others push to keep things the same. Following the tragedy at Stoneman Marjorie Douglas High School in Parkland, it became evident that the second amendment and gun control have caused a clear divide in opinion.

Commentary

Closing Time! But What if Insurance Can’t Be Bound?

Stephanie Kane | March 29, 2018

As Hurricane Irma grew in strength in the Caribbean and started to approach Florida last September, I was boarding a plane from Tampa to Birmingham for a meeting. I received several emails and calls from a colleague related to an urgent client issue, and I quickly returned his call before we departed.

Commentary

Have We Seen the Limits of Fair Use?

Samuel Lewis | March 28, 2018

After years of protracted litigation, including two jury trials and two appeals, Google and Oracle are now destined for yet another trial arising from Google’s alleged unauthorized use of 37 of Oracle’s Java application programming interfaces (APIs) in the Android smartphone operating system.

Commentary

Recent SEC, CFTC Comments Ease Crytocurrency Fears, Boost Confidence

Jesse Fulton | March 28, 2018

To say the last month in the crypto world has been nothing short of a wild ride would be an understatement. With approximately $475 billion exiting the market in a blink of an eye, many new to the market are likely getting their first taste of reality in the crypto space.

Commentary

DOL’s New PAID Program Offers Employers Incentives, But May Not Outweigh the Risks

Alicia H. Koepke | March 27, 2018

Recently, the Wage and Hour Division (WHD) of the Department of Labor (DOL) announced a pilot program, called the payroll audit independent determination (PAID) program, to facilitate the payment of back wages owed to employees and accidentally not paid by employers in accordance with the Fair Labor Standards Act (FLSA).

Commentary

A New Miami-Dade Civil Courthouse: Our County’s Residents Deserve Better

Jorge L. Piedra | March 23, 2018

The immediate need for a new Miami-Dade civil courthouse—to handle the county’s overcrowded docket of civil cases—is beyond dispute.

Commentary

Community Banks Should Consider Ditching Their Bank Holding Companies

Gustav L. Schmidt | March 22, 2018

One of the most significant issues impacting community banks over the last decade has been the effect of increased regulation on community banks’ bottom lines.

Commentary

IRS Virtual Currency Amnesty? Not So Fast!

Stanley Foodman | March 21, 2018

Many taxpayers jumped into virtual currency investing during 2017. They might now be asking themselves: Will the IRS know if I made money with Bitcoin (or other virtual currencies)? Do I have to report my gains or losses? Are virtual currency transactions reportable? Yes, Yes and Yes.

Commentary

E-Discovery and Privilege: FRE 502(d) and Why Lawyers Should Use It

Robert R. Jimenez | March 20, 2018

Despite the ever-greater attention to electronic discovery in the legal community, it is alarming how many attorneys—experienced attorneys—fail to implement an important safeguard that could prevent disastrous privilege waivers during discovery.

Commentary

Southern District of Fla. Primed to Be First to Tackle Digital Currency Issues

Todd Friedman | March 19, 2018

After $400 billion vanished, lawsuits quickly filled the void, including two class actions filed in the Southern District of Florida.These cases present the Southern District of Florida with an opportunity to serve as the first federal court to publish decisions on digital currency issues, including whether these currencies are securities, commodities, or an altogether new class of assets.

Commentary

What Does DACA Mean to Me? Much More Than a Political Debate

Carlos Segovia | March 16, 2018

DACA means the world to me. It is much more than a political debate of what to do with the program. It is about people who are trying to better themselves and achieve the American dream. I find it hard to believe that in the summer of 2010, I was in Wise, North Carolina, waking up at 5 in the morning, and now I am in my second year of law school.

Commentary

How to Address Website Accessibility Issues Now

Eric Boughman | March 14, 2018

After years of inaction by the Department of Justice, courts have begun to address the issue of website accessibility under the Americans with Disabilities Act.

Commentary

3 Important Checks That Could Keep Your M&A Transaction From Going Sideways

Steven A. Wolf | March 13, 2018

The U.S. mergers and acquisitions (M&A) market is at an all-time high. The competition between buyers for attractive acquisition candidates is driving up valuations. In fact, transaction multiples of 10 or more are now considered common.

Commentary

Don’t Forget the Exhibits: Get to Know New Rule 5.3

Nathaniel Edenfield | March 12, 2018

Should you try a case in the Southern District of Florida anytime soon, you will undoubtedly focus on your opening statement, direct and cross examinations, and closing argument.

Commentary

Be the Change. How to Promote a Cause and Advocate for Change

Julie Talenfeld | March 09, 2018

Following the tragic events at Marjory Stoneman Douglas High School in Parkland, I am hopeful that coming together to take action will lead to serious change

Commentary

The Status and Future of Medical Marijuana in Florida

Alexander Fox | March 08, 2018

Over 70 percent of the voters agreed that Amendment Two, which called for the expansion of medical marijuana should become law, and that patients who qualify should have legal access to medical marijuana.

Commentary

Think Twice Before Converting a Florida Business to a Corporation

Marvin A. Kirsner | March 07, 2018

The Tax Cuts and Jobs Act taken together have many business owners considering converting their business from a pass-through entity to a C corporation in order to take advantage of the 21-percent tax rate for corporations.

Commentary

Court Rules CFPB Structure Constitutional, Rejects CFPB's Interpretations of RESPA

Andrew S. Wein | March 06, 2018

Andrew Wein, Shareholder with Greenberg Traurig in West Palm Beach. The U.S. Court of Appeals for the D.C. Circuit recently issued its long-awaited ruling in the PHH v. Consumer Financial Protection Bureau case, finding the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional, but reinstating the previous panel decision rejecting CFPB’s interpretations of the Real Estate Settlement Procedures Act (RESPA) and the relevant statute of limitations.

Commentary

Associations Must Strictly Comply With Notice Requirements to Impose Fines, Liens

Michael L. Hyman | March 05, 2018

For homeowners and condominium associations, enforcing their rules can be extremely challenging. Many communities are forced to contend with unit owners who are unruly and disruptive, and associations must be able to effectively bring their rights to bear in order to maintain uniform compliance.

Commentary

A Farewell to (Fire)Arms? Thoughts on the Tipping Point for the New American Revolution

John Leighton | March 02, 2018

I cheer for these kids, these survivors from Marjory Stoneman Douglas High School, the site of just the most recent mass shooting at an American school. I cheer for their families.

Commentary

Website Operators Are On Notice: Recent Events May Force Change

Eric Boughman | March 01, 2018

Since 1990, the Americans with Disabilities Act has required businesses and public entities to make reasonable accommodations to meet the needs of disabled individuals.

Commentary

#MeToo—Sexual Harassment and Insurance. Is Your Business Covered?

Walter J. Andrews and Katherine Miller | February 28, 2018

As more and more sexual harassment and sexual assault claims come to light in all realms, including Hollywood, the judiciary and Congress, it is important to ensure that your business is prepared to manage any such allegations with adequate insurance coverage.

Commentary

Ride-Sharing Numbers Add Up When Driver’s Cost Could Be DUI or Accident

Alexander Fox | February 27, 2018

Does having easy access to Uber help to reduce the rates of driving under the influence?Common sense and anecdotal evidence suggest that the answer is 100 percent, yes.

Commentary

To Use Prospective Customers as Legitimate Business Interests, a Business Should Focus on Resources and Relationships

John Terwilleger | February 26, 2018

Generating new customers can be a challenging and expensive endeavor. To identify new prospects, businesses may send their employees to trade shows, conferences or other events to meet potential new customers and prospects.

Commentary

Emotional Support Animals Leave Many Condo Associations Howling

Michael E. Chapnick | February 22, 2018

Over the last five years, one of the most significant areas of concern for Florida condominium associations, especially those with no-pet policies, has been the rise in requests by occupants for associations to provide “reasonable accommodations” in their rules and regulations by permitting an emotional support animal (ESA).

Commentary

2017 Tax Act Changes the Focus of Estate Planning to Saving Income Tax

Eugene Pollingue | February 20, 2018

The 2017 Tax Cuts and Jobs Act temporarily doubles the exemption for individuals dying in 2018 through 2025. In 2026 the exemption will revert to $5 million adjusted for inflation.

Commentary

Changing Perspective: Work-Life Balance for a New Mother

Laura E. Eggnatz | February 16, 2018

I had a plan: prepare an exit strategy for the handling of my workload while on maternity leave; stay informed to some extent; return happily to work; and expect the unexpected.

Commentary

Technique to Maximize Pass-Through Income Tax Break Won't Work for Florida

Marvin A. Kirsner | February 15, 2018

The Tax Cuts and Jobs Act provides a tax break for businesses conducted by pass-through entities (partnerships, LLC’s and subchapter S corporations) which will allow a deduction of 20 percent of the business income, so that the owners will pay tax on only 80 percent of the business income.

Commentary

Valuing Real Estate Holding Companies in a Decedent's Elective Estate

Jeffrey M. Fauer | February 15, 2018

At first glance, calculating the value of a decedent’s elective estate may seem somewhat straightforward. However, experienced probate practitioners know that this calculation is far from easy, particularly when the decedent held interests in jointly owned businesses at the time of death.

Commentary

What to Know When Representing Sexual Assault Victims

Justin R. Parafinczuk | February 14, 2018

What the public may not be aware of is the process which these accusers must suffer through in order to have a legal claim against an employer whom has sexually harassed them. With the appropriate legal guidance, the process to help them seek the justice they deserve can be made smoother and more efficient.

Commentary

Plaintiff Class Gets Its Foot in the Courthouse Door in Data Breach Lawsuit

Justin Guido, Jacey Kaps and Steve Berlin | February 14, 2018

Data breach is today’s hot button issue. And it just got hotter. On the heels of major data breaches at Equifax and Uber, the U.S. Supreme Court is confronted with the question of whether it will resolve a threshold issue in all data breach class actions—was the plaintiff class actually injured?

Commentary

Quick, Fast and in a Hurry: Summary Disposition in Arbitrations

Humberto Ocariz | February 13, 2018

Arbitrations are supposed to offer a faster, more cost-effective, and arguably preferable alternative to litigation, but many reputable arbitral…

Commentary

Delay Causes Loss for HOA in Lawsuit Over House Color

Marc A. Smiley | February 12, 2018

The approval of the colors which homeowners may use to paint the exterior of their homes is one of the most common architectural review stipulations that homeowners’ associations use to maintain aesthetic standards for their communities.

Commentary

The End of Florida’s ‘No-Fault’ Auto Insurance System and Its Benefits

Michael T. Gibson | February 09, 2018

The Florida House voted overwhelmingly this month in an 88-15 vote to repeal the state’s no-fault auto insurance law.

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