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Commentary

Commentary

Embracing Paternity Leave: A Father’s Sabbatical Can be Part of a Successful Career

Steven J. Wernick | June 22, 2018

People thought I was joking when I told them that I was taking four weeks off after my wife and I welcomed our third boy earlier this year. My law career was in full swing. My billable hours were strong.

Commentary

Learning from Hurricane Irma: Properly Insuring and Protecting Your Business

Gina Clausen Lozier and Christopher B. Choquette | June 21, 2018

Hurricane Irma is not a distant memory for most of South Florida and yet we find ourselves already facing the next hurricane season.

Commentary

GDPR—A New Fundamental Right Protecting Personal Identifiable Information, More

Pablo Meles | June 20, 2018

The General Data Protection Regulation (GDPR) is a broad and comprehensive European Union (EU) data privacy law that went into effect on May 25. This is a great example of the law trying to catch up with the technology and our digital lives.

Commentary

Why This GC of a $25B Company Has Migrated Work Away From the Largest, Most Elite Firms

Bill Deckelman | June 19, 2018

DXC Technology general counsel Bill Deckelman reacts to the GC Thought Leaders Experiment findings on performance of the largest, most pedigreed firms and what he has found from moving work away from those firms.

Commentary

Employment Arbitration Agreements Can Contain Class Action Waivers

April Boyer, Andrew C. Glass and Roger L. Smerage | June 19, 2018

Many employers prefer to resolve disputes with employees through arbitration as opposed to more costly litigation in court.

Commentary

Points to Consider Before ‘Take Your Dog to Work Day’

Aaron Tandy | June 18, 2018

On June 22, it will be the 20th year of Pet Sitters International’s “Take Your Dog to Work Day®,” which encourages employers to allow pets to accompany employees to the office.

Commentary

New Tax Act May Be Complicated, But the Savings Potential Is Significant

Robert Kramer | June 18, 2018

It is stunning how few people realize the significance of one provision of the new Tax Cuts and Jobs Act of 2017, which became effective earlier this year. Perhaps the reason for this is that it is conceptually complicated, but that should be your tax professional’s problem; it should not be yours.

Commentary

Jury Trials Are Alive and Well in Dade County and Have a Promising Future

Paul A. McKenna | June 15, 2018

Although the trends are toward settlement of disputes, either through mediation or arbitration, there are still some situations where you have to scratch and claw for what you and your client believe is right. That is never going to change, and that is what juries are for.

Commentary

Immigration Policy: Reducing the Impact on Your Foreign Construction Workforce

Maria Mejia-Opaciuch | June 14, 2018

In the past 17 months, the Trump administration has issued far-reaching executive orders (EOs) that require the U.S. government agencies overseeing immigration to shift their focus from assisting immigrants to making it harder for them to remain in the United States.

Commentary

Community Associations Should Make Effective Use of Social Media

Gary M. Mars | June 12, 2018

The use of Facebook, Twitter and other social media sites by community associations has gained some traction during the last several years.

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Commentary

Supreme Court Limits the Practice of Filing Successive Class Actions

Erica Rutner | June 11, 2018

On June 11, 2018, a nearly unanimous Supreme Court dealt a deafening blow to the practice of filing successive class actions. In China Agritech v. Resh, 584 U.S. ___ (2018), the court was faced with whether a class action filing tolls the statute of limitations for putative class members who wish to file subsequent class actions.

Commentary

Legislative Fix Needed in Condo Association Property Tax Assessment Appeals Ruling

Michael L. Hyman | June 11, 2018

Condominium associations regularly represent all of their unit owners as a consolidated class of litigants in cases challenging their local county ad valorem property tax appraisal assessments.

Commentary

Voters Beware! Ready or Not, the FCRC Is Coming for Your Vote

Oscar Sanchez | June 08, 2018

The Florida Constitution Revision Commission (FCRC) has been assembled, and the commissioners have been busy during this past year. They have decided to put eight proposals to amend Florida’s constitution on the November ballot. Each proposal will require least 60 percent of the vote to pass.

Commentary

Preparing for the 2018 Internship Season: Know the Rules

Jennifer T. Williams | June 07, 2018

Memorial Day begins the unofficial start of summer—which means that employers across the country are gearing up for a new group of summer interns. Energetic high school, college and graduate school students are eager to gain both a first look at and practical experience in their chosen fields of study.

Commentary

Victory for Employers: Arbitration Clauses Can Prevent Class Action Employment Suits

Paul Lopez and Megan Janes | June 06, 2018

In a significant victory for employers, the U.S. Supreme Court ruled that arbitration clauses in employment contracts are enforceable even if they prevent workers from bringing class action lawsuits.

Commentary

Networking on Vacation Provides Guilt-Free Fun: Just Breathe

Julie Talenfeld | June 05, 2018

Summertime is approaching, and you have a great vacation planned. But you feel guilty, leaving your office, clients and work behind. But thoughts of taking a much-needed break from the 24/7 grind can be turned into guilt-free marketing while hiking the mountains of the Rockies, cycling in Utah or wine tasting in Napa.

Commentary

Brazil Emerges as New Star in EB-5 Investment, With Further LatAm Growth Likely

Julián Montero | June 05, 2018

Brazilians have been courted in recent years by U.S. developers seeking to raise capital through the EB-5 program. But last month, the industry took a big step to cement Brazil’s status as one of the fastest-growing players in the EB-5 world—a shift that could be a boon for South Florida’s economy.

Commentary

In Crypto Litigations Mandatory Arbitration Agreements May Not be Immutable

Todd Friedman and Justin Wales | June 04, 2018

Permissionless blockchains, like the one underlying the bitcoin payment network, were created to provide the public with transparency over transaction information and records.

Commentary

The Ever Decreasing Jury Trial Rate: Why Is It on Life Support?

Scott Silverman | June 01, 2018

The jury trial is sacred in American jurisprudence. It is enshrined in our state and federal constitutions. It the reason courthouses have courtrooms and not just chambers.

Commentary

What Employers Need to Know About Implicit Bias Training

Erika Royal | May 31, 2018

Starbucks’ bold decision to close some 8,000 stores on the afternoon of May 29 to conduct racial bias training, following the arrest of two black men who were waiting for a friend at one of its Philadelphia locations, has shone a light on training related to “implicit bias.”

Commentary

Why No Comment Is a Comment—And It's Not a Good One

Durée M. Ross | May 30, 2018

In this age of 24/7 news cycles and instantaneous social media coverage, directly answering a question to a potentially damaging situation can be fraught with anxiety.

Commentary

Protect Your Home Sale From Wire Transfer Thieves

Rose M. Sheehan and Mike Pappas | May 29, 2018

Over the past several years, buyers, sellers and closing agents have made greater use of wire transfers to deliver and collect funds. While this is a best practice for risk management in real estate transactions, it has fallen prey to scammers who exploit security weaknesses to steal money.

Commentary

Beware the Pitfalls in Standard Commercial Real Estate Agreements

Gerardo Ortega | May 25, 2018

Whether inexperienced or seasoned, a commercial real estate investor’s main focus is usually on their bottom line. In order to minimize costs, investors commonly use standard FR/BAR agreements, the most recent version of a Florida real estate form issued and approved by the joint committee of Florida Realtors and The Florida Bar, for the purchase and sale of commercial property.

Commentary

Fla.'s Insurance Industry and the Use of Managed Repair Contractors

Jason Wolf | May 25, 2018

Once again, Florida’s insurance industry is using managed repair as both a sword and a shield. As usual, and for good reasons, insurance companies insist on using their managed repair contractors, because it prevents runaway costs.

Commentary

Taxes and the Rise of the Robots: Short-Term Impact Likely

Marvin A. Kirsner | May 24, 2018

The robotics industry received two favorable tax breaks in the recent Tax Cuts and Jobs Act (TCJA) that will likely help spur the development of this burgeoning technology.

Commentary

The Outlook for Florida's Franchise Sector Is Bright

Morgan Ben-David | May 23, 2018

The franchise sector grew faster than the overall economy in 2017 and is projected to do so again this year, due in part to an improved momentum in GDP, a boost from recent tax reform and an increased favorable regulatory environment, according to the International Franchise Association’s Franchise Business Economic Outlook for 2018.

Commentary

GDPR—A New Fundamental Right Protecting Personal Identifiable Information and More

Pablo Meles | May 22, 2018

The General Data Protection Regulation (GDPR) is a broad and comprehensive European Union (EU) data privacy law going into effect on May 25.

Commentary

P3 Projects Helping Local Governments Build a Smarter Miami

Javier F. Aviño and Eric Singer | May 18, 2018

The emerging field of public/private partnerships (P3s) was at the forefront of discussions on building cities of the future during the eGOV Summit, part of the 4th annual eMerge Americas tech conference held last month in the Miami Beach Convention Center.

Commentary

Legal Rights in Sugar Valley: Cuban Software Copyrights

Jorge Espinosa | May 17, 2018

Americans who have traveled to Cuba, have seen a beautiful country with crumbling buildings, unreliable electrical power and hard-to-access internet.

Commentary

Association Assessments Must Be Paid: Florida Depends on It

Jed Frankel | May 16, 2018

In the recent decision of First Equitable Realty III v. Grandview Palace Condominium Association, Florida’s Third District Court of Appeal ruled that the trial court erred in decreasing the amount of interest awarded to the association in a collection case due to “equitable considerations” and reiterated that equity does not afford defenses to delinquent unit owners in such actions.

Commentary

Can I Double Down in Fla. and Take Some Action on the Supreme Court Decision in 'Murphy'?

David S. Weinstein | May 15, 2018

With the right combination of fees and taxes, Florida can get a piece of the sports betting action to fund some of the programs that our state desperately needs.

Commentary

Trending Now: Crappy Law Schools and Crappy Lawyers

Vivia Chen | May 15, 2018

Not to be alarmist, but some recent developments portend that the profession is going to hell.

Commentary

What Class Action Litigators (and Objectors) Need to Know About Amendments to Rule 23

Tal J. Lifshitz and Rachel Sullivan | May 15, 2018

Amendments to the Federal Rules of Civil Procedure will take effect on Dec. 1, 2018, subject to Supreme Court approval and arguably no substantive area of law will be more impacted than federal class action litigation, in particular, the procedures for addressing objections to class settlements.

Commentary

Don't Be Clueless, Careless or Criminal: How to Legally Operate a Construction Zone Drone

Freddy X. Munoz and Mark R. Berry | May 14, 2018

The potential uses of unmanned aircraft systems (UAS) in the construction industry continue to expand as new technologies enter the market and construction companies realize UASes can perform unique tasks at tremendous cost savings.

Commentary

Subprime Auto Lenders Folding—Is This a New Financial Indicator?

Charles M. Tatelbaum | May 11, 2018

The recent Bloomberg headline “Smaller Subprime Auto Lenders Are Starting to Fold,” and the accompanying article may seem astounding in today’s bustling economy.

Commentary

Florida Taxpayers and Businesses May Benefit From Opportunity Zones

Alan S. Lederman | May 10, 2018

Soon, individual and corporate taxpayers in Florida and elsewhere in the United States may have the choice of investing their 2018-2025 capital gains in “Qualified Opportunity Funds” rather than paying income taxes currently on such gains.

Commentary

Legislature Changes Critical Deadlines in Construction Defect Litigation

Spencer Mallard and Miguel J. Chamorro | May 09, 2018

A new Florida law will prevent developers and contractors from being left holding the bag when they face construction defect lawsuits filed shortly before the 10-year deadline for such claims.

Commentary

Preparing for an Internal Investigation Interview

Dan Small and Michael E. Hantman | May 08, 2018

Companies large and small conduct internal corporate investigations every day. These investigations can have many causes: an employee placing a call to the company hotline warning of accounting fraud, allegations of sexual harassment, a grand jury subpoena being served on the company or a whistleblower lawsuit being filed.

Commentary

Hybrid Paralegal Roles Are On the Rise at Law Firms, In-House

Debra Frank Montero | May 07, 2018

The latest trend in hiring for law firms and in-house legal departments? Hybrid paralegals—these positions bring the greatest value and are in demand. As clients seek legal services at lower costs, the need for multifaceted support staff grows.

Commentary

For Firms Welcoming Summer Associates, It’s Time to Think Outside the Bottle

Patrick Krill | May 04, 2018

The lawyers of tomorrow are increasingly aware of—and not OK with—the mental health and substance abuse risks that can come with life in the law.

Commentary

Private Facebook Profiles Are Not Private in Lawsuits

Franklin Zemel and Ariel R. Deray | May 04, 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

E-Discovery in Smaller Cases: Tips and Strategies

Robert R. Jimenez | May 03, 2018

The elephant in the room regarding electronic discovery is that the expense is high and difficult for the average litigant to afford. Moreover, there…

Commentary

Navigating Errors and Omissions Policies: Practical Considerations for Professionals

Camilla Cohen | May 02, 2018

To protect against this exposure, attorneys and other professionals purchase errors and omissions (E&O) coverage.

Commentary

Condo Associations Don’t Need to Record Lien to Collect From Tax Sale Proceeds

Michael E. Chapnick | May 01, 2018

Condominium associations rely on their statutory lien rights to enforce the collection of assessments from their unit owners, but a recent appellate court ruling found that they do not absolutely need to record a lien in order to collect from the surplus funds after a tax sale.

Commentary

The Roller Coaster Ride of the Tip Credit

Susan N. Eisenberg | April 30, 2018

In a surprise move, the Fair Labor Standards Act (FLSA) is amended through President Donald Trump’s spending bill that was passed March 23. The FLSA is a federal law that governs a number of wage issues, including the requirement that employers pay minimum wage to employees for every hour worked as well as an overtime premium for hours worked over 40 in a work week.

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

Too Many Choices! From Staplers to Blue Jeans, Try to Keep It Simple

Dena Lefkowitz | April 25, 2018

Adding options increases expectations people have about how good they will be and, Schwartz says, that produces less satisfaction with the results, even when they are good.

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.

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