Rogers Towers

1301 Riverplace Boulevard Suite 1500
Jacksonville, FL 32207, United States

Social Media and Spoliation

As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold. From an evidentiary standpoint, social media is not without its shortcomings, and it…more

Evidence, Litigation Hold, Social Networks, Spoilation

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Rogers Towers: Florida’s Construction Lien Act: Who Is a Lienor?

We hear this term, lienor, but it is often misunderstood. One does not have to record a Claim of Lien to be a lienor. The Act provides that anyone who has the right to file a Construction lien is a lienor…more

Construction Liens, Contractors, Liens, Subcontractors

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Rogers Towers: Construction Defects: The Duty To Preserve Evidence Of The Defects

Stop! Before you make those repairs, there are some things you should consider. Otherwise, you could find yourself down the road facing claims that your repairs destroyed evidence of the defects…more

Construction Defects, Evidence, Liability, Property Damage, Repairs

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FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses

As previously discussed on this blog, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory administrative claims process for claims against the assets of failed financial institutions…more

Affirmative Defenses, Banks, FDIC, FIRREA

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Social Media and Spoliation

As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold. From an evidentiary standpoint, social media is not without its shortcomings, and it…more

Evidence, Litigation Hold, Social Networks, Spoilation

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Issues of Agency in Garnishment Procedures

It is well established that after a judgment of default, a creditor may serve a writ of garnishment upon the debtor’s employer to collect the unpaid principal and interest of the underlying loan from the employee’s monthly…more

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Rogers Towers: Post-Judgment Recovery of Attorney’s Fees and Costs

One of the issues faced by a judgment creditor in pursuing collection of the judgment is the amount of attorney’s fees and costs that will be incurred in the collection efforts. They can be substantial and are generally not…more

Attorney's Fees, Judgment Creditors, Judgment Debtors, Legal Costs

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Rogers Towers: City Approves Partial Mobility Fee Waiver

The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development) and…more

Building Permits, Fees, Local Ordinance, Real Estate Development, Waivers

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Rogers Towers: Fair Debt Collection Practices Act (FDCPA): Ceasing Communications with a Debtor's Attorney?

The Fair Debt Collection Practices Act (FDCPA) gives a debtor the right to notify a debt collector that he or she wishes the debt collector to cease communication with respect to the debt, with some exceptions…more

Debt, Debt Collection, Debt Collectors, Debtors, FDCPA

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New Ruling Permits Lenders to Require Flood Insurance Coverage in Excess of Loan Amount

Recent events have been highlighted in the press, regarding the redrawing of federal flood hazard maps and proposed increases in premium rates for flood insurance for property owners within special flood hazard zones, which may…more

Excess Policies, Flood Insurance, Lenders

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FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses

As previously discussed on this blog, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory administrative claims process for claims against the assets of failed financial institutions…more

Affirmative Defenses, Banks, FDIC, FIRREA

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Guarantors Remain Liable Under Renewed Promissory Note, Even Absent Notice or Consent, Where the Modifications Are Not Adverse To the Guarantors’ Interests

In a prior post, we discussed a grantor’s continuing liability under a promissory note that is renewed without his notice or consent where the guaranty is a continuing guaranty, meaning it contemplates revisions or extensions of…more

Consent, Guarantors, Notice Requirements, Promissory Notes

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Rogers Towers: Impact of the Reorganization of the Jacksonville DEP Office

Located in Jacksonville, the Northeast District Office of the Florida Department of Environmental Protection (“DEP”) will soon change its organizational structure to be consistent with the other DEP district offices and provide…more

Department of Environmental Protection, Reorganizations

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Diligence in Hotel Lending

The hotel industry appears to be on an uptick, which is good news for lenders. Hotel construction in May 2014 is up over 13% from the same time period in 2013. Moreover, record high occupancy rates and low supply could continue…more

Comfort Letter, Financing, Hospitality Industry, Hotels, Lending

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Rogers Towers: U.S. Construction, and Legal, Opportunities in Libya

Stepping off a plane in Tripoli at 6 am on September 12, 2012, Libya did not seem to be much of a prospect for American or other Western business opportunities, let alone construction or legal work, which I was there to further…more

Construction Contracts, Construction Site, Economic Development, Middle East

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Rogers Towers: Usury in Florida: Using the 365/360 Method to Calculate Interest

Many lending institutions use the 365/360 method of calculating interest on their loans. This method involves applying the ratio of the annual interest over a year of 360 days, multiplied by the outstanding principal balance,…more

Interest Rates, Lenders, Lending, Principal Balance, Usury

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Eleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate

A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded that proceeds stemming from a post-confirmation settlement agreement between a chapter 13 debtor and its mortgagor related to a violation of the…more

Automatic Stay, Chapter 13, Confirmation Proceedings, Consumer Bankruptcy, Mortgages

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Documenting a Borrower’s Intent to Apply for Joint Credit under the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (“ECOA”) was signed into law by Congress in 1974. This law makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, inter alia,…more

Creditors, Discrimination, ECOA, Federal Reserve, Joint Accounts

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Jurisdiction After Settlement Agreements

In the midst of litigation, the lender and the borrower often reach a settlement and execute a settlement agreement. Sometimes, the settlement agreement calls for the immediate resolution of the lawsuit, so the lender complies…more

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Rogers Towers: Florida House Bill 909 (2013): A Sigh of Relief for Water Mitigation Contractors and Restoration Companies

This past spring, the insurance and banking lobbies created quite a stir in the water and fire damage mitigation and restoration industry…more

Contractors, Lobbying, Property Damage, Rehabilitation and Restoration Plans

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Caveat Charities: Disgorging Donations as Fraudulent Transfers

The Bankruptcy Code permits a trustee to avoid transfers of property that a debtor has made within two years prior to its bankruptcy filing. In 1998, Congress added a safe-harbor provision for contributions to qualified…more

Charitable Donations, Consumer Bankruptcy, Disgorgement, Fraudulent Transfers, Religious Institutions

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Detroit Bankruptcy Update: Sixth Circuit Throws Wrench into Restructuring Timetable

Earlier this month the Sixth Circuit Court of Appeals ruled that the appeal of Syncora Guarantee Inc. must be heard by the lower federal district court before the bankruptcy court may conduct its trial on the city’s proposed…more

Chapter 11, Detroit, Municipal Bankruptcy, Popular, Restructuring

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The Business Records Exception to the Hearsay Rule

When a bank assigns a mortgage to another bank, the assignor typically provides a loan payment history to the assignee as part of the transfer. If the assignee later brings suit to foreclose the mortgage, it is typical to seek…more

Assignees, Assignments, Banks, Foreclosure, Hearsay

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Thoughts On Mortgagee Title Insurance Policies

Banks are, once again, making real estate secured loans in Florida. Those in the industry will undoubtedly be aware of the fact that most lenders require a mortgagee title insurance policy to insure their mortgage lien on the…more

Banks, Mortgages, Secured Lenders, Secured Loans, Title Insurance

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Eleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate

A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded that proceeds stemming from a post-confirmation settlement agreement between a chapter 13 debtor and its mortgagor related to a violation of the…more

Automatic Stay, Chapter 13, Confirmation Proceedings, Consumer Bankruptcy, Mortgages

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Rogers Towers: Amendment to UCC Filing Requirements

Florida’s Uniform Commercial Code was subject to some recent changes and revisions which became effective on July 1, 2013. One change in particular was to Florida Statute § 679.5 16 which governs the UCC filing requirements in…more

Financial Restatements, New Legislation, Proposed Amendments, UCC

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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
Number of Attorneys

50-100 Attorneys

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