Shumaker, Loop & Kendrick, LLP

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101 E. Kennedy Blvd; Suite 2800
Tampa, FL 33602, United States
Contact: Jennifer Malin, Director of Marketing
Phone: 813.227.2258
Fax: 813.229.1660
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • 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
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • North Carolina
  • Ohio
Number of Attorneys
100+ Attorneys

Vesting and Priorities of Competing Construction Liens

It goes without saying that a construction project involves a plethora of competing interests. There is a lender, a main contractor, subdivision improvers, architects, and many different subcontractors, all of which are…more

Absolute Priority Rule, Construction Contracts, Construction Industry, Construction Liens, Construction Loans

See all updates »

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they can…more

Attorney-in-Fact, Digital Assets, Electronic Records, Personal Representatives, Terms of Service

See all updates »

Client Alert: Supreme Court Finds Cheerleading Uniforms Copyrightable in Landmark Apparel Copyright Case

In the first apparel copyright case ever considered by the U.S. Supreme Court, Star Athletica, LLC v. Varsity Brands, Inc., the high court found on March 22, 2017 that decorative elements of a cheerleading uniform could be…more

Cheerleaders, Copyright Infringement, Fashion Design, Fashion Industry, SCOTUS

See all updates »

Client Alert: Medical Marijuana - Florida Legislative Update

When Florida’s regular legislative session came to a close on the evening of May 5, 2017, lawmakers had yet to reach a consensus on how to implement “Amendment 2” – the state’s recently passed addition of Section 29 to Article X…more

Constitutional Amendment, Department of Health, Health Care Providers, Medical Marijuana, Proposed Legislation

See all updates »

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there are…more

Attorney's Fees, Contract Drafting, Contract Terms, Eviction, Prevailing Party

See all updates »

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

See all updates »

Client Alert: CMS Issues Rule Proposing New Approach to Paying Clinicians for Value and Quality

On April 16, 2015, President Obama signed the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Among other things, MACRA: 1) repealed the Sustainable Growth Rate that was applicable to the Medicare Physician Fee…more

CMS, Comment Period, EHR, Meaningful Use, Medicare Access and CHIP Reauthorization (MACRA)

See all updates »

Banks Not Required to Capitalize OREO Costs

The Office of the Chief Counsel of the Internal Revenue Service has issued a Legal Memorandum (Number AM2013-001, dated March 1, 2013) (the “Memorandum”), which has important implications and represents a victory for lenders who…more

Capitalized Cost, Deed-in-Lieu of Foreclosure, Foreclosure, IRS, Mortgages

See all updates »

Update: Clean Power Plan - Energy Sector: Transformation or Regulatory Overreach? - Presented at the AHC Carbon Innovation Workshop, Phoenix, Arizona

Lou Tosi was a presenter at the AHC Group's Carbon Innovation Workshop on January 19, 2016 in Phoenix, Arizona. Lou gave an update on the Clean Power Plan. Please see full Presentation below for more information. …more

Clean Power Plan, Energy Sector, Paris Agreement, Regulatory Agenda, Reliability Standards

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Client Alert: Federal Court Orders CAFOs to Report Air Emissions

On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit struck down a U.S. EPA rule exempting concentrated animal feeding operations (“CAFOs”) from requirements under CERCLA that mandate reporting of releases of…more

Agricultural Sector, CERCLA, EPA, Farm Animals, Hazardous Substances

See all updates »

Client Alert: Florida Information Protection Act of 2014 - One Of The Strictest Data Breach Statutes in the Nation

If your business stores personal information of Florida Residents, you must be aware of a new Florida statute that has created specific reporting requirements in the case of a data breach. Failure to comply can result in…more

Covered Entities, Cybersecurity, Data Breach, New Legislation, Personally Identifiable Information

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

"insights" Newsletter - Autumn 2014

In this issue: - Immigration and Customs Enforcement ("ICE") - Antitrust and Compliance Programs - Staffing Companies and their Clients - Employment Law Update - Impact of the Windsor Decision…more

Customs, Immigration, Immigration Enforcement, Municipal Advisers, Patent Infringement

See all updates »

Client Alert: The First Six Months of the Trump Administration: Will Trump Successfully Deregulate U.S. EPA?

During the campaign, Donald Trump made clear one priority would be deregulating federal agencies should he win the presidency. In particular, Candidate Trump stated U.S. EPA was at the top of his list for deregulation. In an…more

Clean Power Plan, Climate Change, Corporate Counsel, Deregulation, EPA

See all updates »

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S. Supreme Court

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et. al.,…more

Appeals, Discrimination, Employer Liability Issues, Employment Policies, Local Ordinance

See all updates »

Client Alert: Amazon Brand Registry 2.0 Released – A New Tool for Brand Protection

It’s not uncommon for businesses to feel frustrated in trying to protect their products/brands on Amazon from trademark infringers. Many believe that there’s a lack of control over their product listings, and that third parties…more

Amazon, Brand, Brand Registry, Intellectual Property Protection, Trademark Infringement

See all updates »

Client Alert: CMS Issues Rule Proposing New Approach to Paying Clinicians for Value and Quality

On April 16, 2015, President Obama signed the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Among other things, MACRA: 1) repealed the Sustainable Growth Rate that was applicable to the Medicare Physician Fee…more

CMS, Comment Period, EHR, Meaningful Use, Medicare Access and CHIP Reauthorization (MACRA)

See all updates »

Letter of Intent: Gateway to a Deal

Your time is valuable. So is the business that you are thinking about selling or the business you intend to acquire. You may also be thinking that before running up professional advisor costs, your business folks should be…more

Asset Purchaser, Contract Drafting, Good Faith, Letters of Intent, Negotiations

See all updates »

Client Alert: Getting Ready for the New EEO-1 Report

In 2016 the Equal Employment Opportunity Commission (“EEOC”) announced a change to the EEO-1 Report that had typically been due by September 30th of each year. This change means that there is no EEO-1 Report due in 2017…more

Audits, EEO-1, EEOC, Employer Mandates, Federal Contractors

See all updates »

Client Alert: Federal Court Temporarily Blocks Implementation of Amendments to Overtime Rule for Employers Nationwide

On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

Client Alert: Federal Court Temporarily Blocks Implementation of Amendments to Overtime Rule for Employers Nationwide

On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

Client Alert: Chapter 15: A Sword and A Shield

THE RULING: CHAPTER 15 DEBTORS CAN ASSERT AVOIDANCE ACTIONS UNDER STATE LAW - On March 23, 2017, the United States Bankruptcy Court for the Southern District of Florida, Miami Division, ruled that a foreign debtor could use…more

Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Debtors, Foreign Entities

See all updates »

Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,…more

Affordable Care Act, Cuba, DOJ, Drones, FLSA

See all updates »

Preventing And Defending “Strike Suits” Against Sureties And Fidelity Carriers

Introduction - Recent years have seen an increase in what can be described as “strike suits” against sureties — i.e., lawsuits designed primarily to recover inflated attorney fees from a surety as part of an otherwise…more

See all updates »

Two’s Company, but Three’s a Crowd: A Third Party's Right to Intervene in a Foreclosure Lawsuit

Are subsequent title holders who obtain an interest in real property during the pendency of a foreclosure lawsuit where a lis pendens has been properly recorded (referred to as a “Purchaser Pendente Lite”), entitled to join in…more

Foreclosure, Homeowners' Association, Lis Pendens, Real Estate Investments

See all updates »

Client Alert: Federal Court Temporarily Blocks Implementation of Amendments to Overtime Rule for Employers Nationwide

On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no longer…more

Barack Obama, Cuba, Cuban Assets Control Regulations (CACR), Embargo, Export Controls

See all updates »

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

Short Term Rentals

Does your Community Association have sufficient protections in place for Short-Term Vacation Rentals? With the rise in short-term rentals through popular sites like Airbnb, Inc. and Vacation Rentals by Owner (VRBO),…more

AirBnB, Community Associations, Corporate Governance, Short-Term Lease, VRBO.com

See all updates »

2017 Legislative Changes to the Florida Condominium Act

On June 26, 2017, Governor Scott approved House Bill 1237, changing or amending a number of statutes regulating condominium associations. These statutes address conflicts of interest and access to official records, changes…more

Amended Regulation, Arbitration, Board of Directors, Books & Records, Condominium Act

See all updates »

"insights" Newsletter - Autumn 2014

In this issue: - Immigration and Customs Enforcement ("ICE") - Antitrust and Compliance Programs - Staffing Companies and their Clients - Employment Law Update - Impact of the Windsor Decision…more

Customs, Immigration, Immigration Enforcement, Municipal Advisers, Patent Infringement

See all updates »

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

See all updates »

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

See all updates »

Client Alert - FMLA Employer Guide and Workers' Compensation Rate Increase

Helpful FMLA Resource for Employers - The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical Leave…more

Attorney's Fees, Best Management Practices, DOL, Employer Liability Issues, FL Supreme Court

See all updates »

Client Alert: Feds Shine a Light on Medicare Advantage Plans and Physicians Related to Risk Adjustment Practices

Although the sufficiency of medical records documentation supporting beneficiary diagnoses for Medicare Advantage (MA) risk adjustment has been on the OIG’s work plan since 2013, the Department of Justice has upped the ante with…more

CMS, DOJ, False Claims Act (FCA), Health Care Providers, Medicare

See all updates »

"The Estate Planner" – January/February 2014

In this issue: - Planning For The Net Investment Income Tax - The Stretch IRA: A Simple Yet Powerful Estate Planning Tool - Do You Know How To Address IP In Your Estate Plan? - Estate Planning Red…more

Estate Planning, Estate Tax, Income Taxes, Net Investment Income

See all updates »

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they can…more

Attorney-in-Fact, Digital Assets, Electronic Records, Personal Representatives, Terms of Service

See all updates »

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

See all updates »

The Chapter 11 Vendor Game Changer: Section 503(b)(9) Claims

What is Section 503(b)(9)? This section of the Bankruptcy Code provides an allowed administrative expense for “the value of any goods received by the debtor within 20 days before the date of commencement of a case * * * in…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Section 503(b)(9), Vendors

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Top Ten Urban Legends of Intellectual Property

1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may provide…more

Copyright, Domain Names, Fair Use, Infringement, Intellectual Property Protection

See all updates »

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

See all updates »

Client Alert: Florida’s Sales Tax Reduction Requires Commercial Lease Parties to Recalculate Their Rent Schedules

Florida is one of the only states in the country that levies a tax on commercial leases, and is the only state to do so in any comprehensive manner. Governor Rick Scott and the Florida legislature have been attempting to phase…more

Commercial Leases, Commercial Tenants, Governor Scott, Pending Legislation, Sales Tax

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no longer…more

Barack Obama, Cuba, Cuban Assets Control Regulations (CACR), Embargo, Export Controls

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,…more

Affordable Care Act, Cuba, DOJ, Drones, FLSA

See all updates »

Solar Industry Update: "You Should Assume You Are Going to Lose Power and Hope That You Don’t."

In the face of Hermine’s landfall, Florida Governor Rick Scott warned Floridians: “You should assume you are going to lose power and hope that you don’t.” Three days later, Scott expressed frustration at the rate of power…more

Electricity, National Weather Service, Power Infrastructure, Severe Weather, Solar Energy

See all updates »

Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

ADA, American Taxpayer Relief Act, Dodd-Frank, FDIC, HIPAA

See all updates »

Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,…more

Affordable Care Act, Cuba, DOJ, Drones, FLSA

See all updates »

2017 Legislative Changes to the Florida Condominium Act

On June 26, 2017, Governor Scott approved House Bill 1237, changing or amending a number of statutes regulating condominium associations. These statutes address conflicts of interest and access to official records, changes…more

Amended Regulation, Arbitration, Board of Directors, Books & Records, Condominium Act

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

Insights Newsletter - June 2016

TO SUFFER OR PERMIT: How The Broad Scope Of The Fair Labor Standards Act Is Increasing The Risk Of Doing Business - 2016 is shaping up to be a troubling one for employers subject to the provisions of the Fair Labor…more

Capital Formation, False Claims Act (FCA), FLSA, Joint Employers, Operating Agreements

See all updates »

Client Alert: New Revenue Procedure 2017-13 Provides Clarification of Safe Harbors for Management Contracts of Tax-Exempt Financed Facilities

The Internal Revenue Service has issued Revenue Procedure 2017-13 that clarifies certain provisions of Revenue Procedure 2016-44. For a full explanation of the provisions of Rev. Proc. 2016-44, see our client alert of August…more

IRS, Management Contracts, Revenue Procedures

See all updates »

Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no longer…more

Barack Obama, Cuba, Cuban Assets Control Regulations (CACR), Embargo, Export Controls

See all updates »

Client Alert: Florida Information Protection Act of 2014 - One Of The Strictest Data Breach Statutes in the Nation

If your business stores personal information of Florida Residents, you must be aware of a new Florida statute that has created specific reporting requirements in the case of a data breach. Failure to comply can result in…more

Covered Entities, Cybersecurity, Data Breach, New Legislation, Personally Identifiable Information

See all updates »

Client Alert: Feds Shine a Light on Medicare Advantage Plans and Physicians Related to Risk Adjustment Practices

Although the sufficiency of medical records documentation supporting beneficiary diagnoses for Medicare Advantage (MA) risk adjustment has been on the OIG’s work plan since 2013, the Department of Justice has upped the ante with…more

CMS, DOJ, False Claims Act (FCA), Health Care Providers, Medicare

See all updates »

Client Alert: Supreme Court Finds Cheerleading Uniforms Copyrightable in Landmark Apparel Copyright Case

In the first apparel copyright case ever considered by the U.S. Supreme Court, Star Athletica, LLC v. Varsity Brands, Inc., the high court found on March 22, 2017 that decorative elements of a cheerleading uniform could be…more

Cheerleaders, Copyright Infringement, Fashion Design, Fashion Industry, SCOTUS

See all updates »

“Say it Ain’t So Barry:” A Brief Commentary on United States v. Barry Lamar Bonds and the Elusive Definition of Obstruction of Justice

Politics can be a contact sport as is evident from the recent appointment of a Special Prosecutor to investigate alleged misdeeds by the Trump Administration including obstruction of justice. Ironically, the decision of an “en…more

Barry Bonds, Bribery, Criminal Liability, Criminal Prosecution, En Banc Review

See all updates »

Consumer Financial Protection Bureau Implements 'Ability to Repay' Regulations for Covered Mortage Loans

It is a widely understood that loose underwriting standards and practices by some creditors – including their abject failure in some instances to confirm their borrowers’ ability to repay mortgage loans – contributed in large…more

Ability-to-Repay, CFPB, Mortgages, Underwriting

See all updates »

Client Alert: Florida Information Protection Act of 2014 - One Of The Strictest Data Breach Statutes in the Nation

If your business stores personal information of Florida Residents, you must be aware of a new Florida statute that has created specific reporting requirements in the case of a data breach. Failure to comply can result in…more

Covered Entities, Cybersecurity, Data Breach, New Legislation, Personally Identifiable Information

See all updates »

Key Points of the New Florida LLC Act

The 2013 Florida Legislature adopted a new LLC act which was signed by the Governor on June 14, 2013. The new law creates Chapter 605 of the Florida Statutes, which will be effective January 1, 2014. Generally speaking, until…more

Limited Liability Company (LLC)

See all updates »

"insights" Newsletter - Autumn 2014

In this issue: - Immigration and Customs Enforcement ("ICE") - Antitrust and Compliance Programs - Staffing Companies and their Clients - Employment Law Update - Impact of the Windsor Decision…more

Customs, Immigration, Immigration Enforcement, Municipal Advisers, Patent Infringement

See all updates »

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

See all updates »

Client Alert - Community Associations: Amendments to Chapters 718 & 720, Florida Statutes

On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida…more

Board of Directors, Condominium Associations, Condominium Corporation, Delinquency Status, Electronic Communications

See all updates »

Insights Newsletter - June 2016

TO SUFFER OR PERMIT: How The Broad Scope Of The Fair Labor Standards Act Is Increasing The Risk Of Doing Business - 2016 is shaping up to be a troubling one for employers subject to the provisions of the Fair Labor…more

Capital Formation, False Claims Act (FCA), FLSA, Joint Employers, Operating Agreements

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

2017 Legislative Changes to the Florida Condominium Act

On June 26, 2017, Governor Scott approved House Bill 1237, changing or amending a number of statutes regulating condominium associations. These statutes address conflicts of interest and access to official records, changes…more

Amended Regulation, Arbitration, Board of Directors, Books & Records, Condominium Act

See all updates »

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

See all updates »

Client Alert: Florida Information Protection Act of 2014 - One Of The Strictest Data Breach Statutes in the Nation

If your business stores personal information of Florida Residents, you must be aware of a new Florida statute that has created specific reporting requirements in the case of a data breach. Failure to comply can result in…more

Covered Entities, Cybersecurity, Data Breach, New Legislation, Personally Identifiable Information

See all updates »

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

See all updates »

Client Alert: Federal Court Temporarily Blocks Implementation of Amendments to Overtime Rule for Employers Nationwide

On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

Alert: New Form I-9 is Now Available

On July 17, 2017, the U.S. Citizenship & Immigration Services (USCIS) released yet another updated version of the Form I-9. While employers are encouraged to start using the new Form I-9, employers are permitted to continue to…more

Hiring & Firing, I-9, Required Forms, USCIS, Verification Requirements

See all updates »

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes the…more

Accredited Investors, Angel Investors, ASTM, Attorney-Client Privilege, Capital Formation

See all updates »

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of…more

Anti-Discrimination Policies, Criminal Records, Discrimination, Fair Housing Act (FHA), HUD

See all updates »

Client Alert: New Federal Trade Secrets Law Brings Major Implications for Trade Secret Owners and Their Employees

On May 11, 2016, President Obama signed the Defend Trade Secrets Act into law. The Act amends the existing Economic Espionage Act, but more importantly, it creates for the first time a federal civil cause of action to protect…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Employment Contract, Ex Parte

See all updates »

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

See all updates »

Letter of Intent: Gateway to a Deal

Your time is valuable. So is the business that you are thinking about selling or the business you intend to acquire. You may also be thinking that before running up professional advisor costs, your business folks should be…more

Asset Purchaser, Contract Drafting, Good Faith, Letters of Intent, Negotiations

See all updates »

Client Alert: Unable to Open For Business After Its Permit Was Denied, Tenant Nonetheless Ordered to Pay Entire Accelerated Lease Amount

It’s a tale as old as time. Tenant falls in love when it finds the perfect space to rent for its business. Instantly smitten, tenant takes a solemn vow and signs a long-term lease with landlord. But alas, the government…more

Commercial Leases, Commercial Tenants, Contract Terms, Permits

See all updates »

Best Practices for Collegiate Coaches Regarding Title IX

Title IX continues to evolve and the future enforcement of the legislation may be somewhat uncertain due to the transition of leadership at the federal level as summarized by Marissa Pollick in her recent post. Despite this…more

Coaches, College Athletes, Colleges, Risk Management, Title IX

See all updates »

Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no longer…more

Barack Obama, Cuba, Cuban Assets Control Regulations (CACR), Embargo, Export Controls

See all updates »

"Data Privacy Protection and Cybersecurity: A Business and Legal Primer"

The news regularly reports on data breaches and cybersecurity. While we read about the biggest breaches – Home Depot, Target, Anthem, JP Morgan, Wyndham – probably every business has been hacked and will be hacked again. …more

Cybersecurity, Data Breach, Data Protection, Home Depot, JPMorgan Chase

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Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method…more

Accredited Investors, Crowdfunding, Dodd-Frank, Emerging Growth Companies, EPA

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insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

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insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

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Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, DOL, Full-Time Employees, Health Insurance Exchanges, IRS

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Construction Liens in Florida – The Timing and Manner of Perfection are Critical

Among the hottest and most relevant blog and article topics is the subject of construction liens. No matter the quantity or ubiquity of such articles, construction liens are and will always be among the most highly discussed…more

Construction Contracts, Construction Industry, Construction Liens, Notice Requirements, Perfected Security Interest

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Client Alert: Changes Brewing? How North Carolina's ABC Omnibus Legislation (House Bill 500) Would Affect Your Business

Changes are brewing as the North Carolina General Assembly considers proposed amendments to the brewery self-distribution cap, beer franchise laws, and off-premise container sales (i.e., “crowlers”), among other changes. Known…more

Breweries, Distributors, General Assembly, Pending Legislation, Proposed Amendments

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Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S. Supreme Court

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et. al.,…more

Appeals, Discrimination, Employer Liability Issues, Employment Policies, Local Ordinance

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The Estate Planner – July/August 2015

In This Issue: - Can a Broken Trust be Fixed? - Keep it in the Family: Use an intrafamily loan to cover estate taxes - Tax Court: Trust Can Materially Participate in a Business - Estate Planning Red…more

Beneficiaries, Estate Tax, Intra-Family Loans, Irrevocable Trusts, Trusts

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Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes the…more

Accredited Investors, Angel Investors, ASTM, Attorney-Client Privilege, Capital Formation

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Client Alert: Medicare Clarifies 60 Day Overpayment Rule

On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published the long-awaited final rule implementing an Affordable Care Act requirement for healthcare providers and suppliers to report and return…more

Affordable Care Act, CMS, Final Rules, Medicare Part A, Overpayment Recovery Time Limits

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Client Alert: Federal Court Temporarily Blocks Implementation of Amendments to Overtime Rule for Employers Nationwide

On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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Client Alert: Changes in the European Union

As of March 23, 2016, the EU Trade Mark Regulation (EUTMR) came into force and replaced the Community Trade Mark Regulation (CTMR). Some of the more significant changes of which trademark owners should be aware are..…more

Community Trade Mark Regulation (CTM Regulation), EU, European Union Intellectual Property Office (EUIPO), OHIM, Trademarks

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Update: Clean Power Plan - Energy Sector: Transformation or Regulatory Overreach? - Presented at the AHC Carbon Innovation Workshop, Phoenix, Arizona

Lou Tosi was a presenter at the AHC Group's Carbon Innovation Workshop on January 19, 2016 in Phoenix, Arizona. Lou gave an update on the Clean Power Plan. Please see full Presentation below for more information. …more

Clean Power Plan, Energy Sector, Paris Agreement, Regulatory Agenda, Reliability Standards

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O’Bannon’s End: Supreme Court Rejects Appellate Review

The lawsuit against the NCAA over whether Division I men’s basketball and football players can be compensated for the commercial use of their names, images and likenesses came to an abrupt end on Monday as the U.S. Supreme Court…more

College Athletes, Name and Likeness, NCAA, O'Bannon v NCAA, Petition for Writ of Certiorari

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Client Alert: Supreme Court Finds Cheerleading Uniforms Copyrightable in Landmark Apparel Copyright Case

In the first apparel copyright case ever considered by the U.S. Supreme Court, Star Athletica, LLC v. Varsity Brands, Inc., the high court found on March 22, 2017 that decorative elements of a cheerleading uniform could be…more

Cheerleaders, Copyright Infringement, Fashion Design, Fashion Industry, SCOTUS

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Kmart Bankruptcy, Part Deux

It’s no secret that Kmart is facing another liquidity crisis. Just over ten years after Sears rescued the discount retailer from bankruptcy in 2006, the pioneer of the “blue light special” is destined for another, and perhaps…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Kmart

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insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union …more

Board of Directors, Corporate Officers, Employer Liability Issues, Environmental Policies, EPA

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Client Alert: Top Ten Things the Health Care Industry Should Know about Civil Investigative Demands

Civil Investigative Demands, or CIDs, are a favorite tool of the Federal Government to get information from all types of providers who bill federal payors. This information could form the basis of a civil or criminal lawsuit…more

Civil Investigation Demand, DOJ, False Claims Act (FCA), Health Care Providers, Whistleblowers

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Preservation Advocacy: Fixin' the Process and Workin' the Program

Cathleen O’Dowd, partner in the Tampa office, was a speaker at the Florida Trust for Historic Preservation Conference “Preservation Advocacy: Fixin’ the Process and Workin’ the Program” on May 15, 2014. The presentation…more

Land Preservation

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Client Alert: Effects of Florida’s New Medical Marijuana Framework on Patients, Physicians, and Entrepreneurs

During a special legislative session ending June 2, 2017, the Florida legislature passed Senate Bill 8-A (“SB 8-A”), authored by Senator Bradley, amending Florida's medical marijuana laws to reflect the 2016 passage of Section…more

Constitutional Amendment, Department of Health, Entrepreneurs, Marijuana Related Businesses, Medical Marijuana

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Facebook Takes a Step Forward for Digital Afterlife

Late last week Facebook released several new features that will aid in the management of a user’s account after the user’s death. While there has been little notification of these features on Facebook itself, the new features…more

Deceased, Digital Assets, Facebook

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Summary Judgment overturned on finding that material facts in dispute

The case involves the appeal of final summary judgment in a suit for civil forfeiture of $2,470.00. The currency was seized based on allegations that the currency’s owner (“Owner”) sold cocaine…more

Appeals, Civil Forfeiture, Genuine Issue of Material Fact

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Client Alert: Florida Supreme Court Rules that Dismissal of Foreclosure Action Returns Parties to their Pre-Foreclosure Action Status, and Resets Accrual Date for Statute of Limitations Purposes

The Florida Supreme Court issued its long awaited decision in Bartram et al. v. U.S. Bank NA, case number SC14-1265, on November 3, 2016, affirming the decision of the Fifth District Court of Appeals in U.S. Bank Nat. Ass’n v…more

Accelerated Payments, Default, Dismissals, FL Supreme Court, Foreclosure

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Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes the…more

Accredited Investors, Angel Investors, ASTM, Attorney-Client Privilege, Capital Formation

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Insights Newsletter - June 2016

TO SUFFER OR PERMIT: How The Broad Scope Of The Fair Labor Standards Act Is Increasing The Risk Of Doing Business - 2016 is shaping up to be a troubling one for employers subject to the provisions of the Fair Labor…more

Capital Formation, False Claims Act (FCA), FLSA, Joint Employers, Operating Agreements

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USCIS Resumes H-1B Premium Processing for Conrad Waiver Program Physicians

On Monday, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions filed for physicians under the Conrad Waiver program, as well as interested government interagency waivers…more

Conrad 30 Waiver, H-1B, Physicians, USCIS, Waivers

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Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there are…more

Attorney's Fees, Contract Drafting, Contract Terms, Eviction, Prevailing Party

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