Shumaker, Loop & Kendrick, LLP

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101 E. Kennedy Blvd; Suite 2800
Tampa, FL 33602, United States
Phone: 813.221.7160
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
  • Elections & Politics
  • 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
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • Minnesota
  • North Carolina
  • Ohio
  • South Carolina
Number of Attorneys
200+ Attorneys

Client Alert: New SAMHSA Requirements May Necessitate Changes to Business Associate Agreements

42 C.F.R. Part Two (“Part 2”) addresses the protection of substance use disorder (SUD) patient records, which are records held by SUD treatment programs that receive federal financial assistance (e.g., from Medicare or…more

Confidential Information, Employer Liability Issues, Health Care Providers, Human Resources Professionals, Medical Records

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Client Alert: COVID-19 and Contractual Obligations

As the number of people and communities impacted by the COVID-19 pandemic continues to grow, it is inevitable that there are going to be disruptions in the global supply chain. Given the early impacts of COVID-19 on the Far…more

Business Interruption, Coronavirus/COVID-19, Supply Chain

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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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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

American Taxpayer Relief Act, Americans with Disabilities Act (ADA), Dodd-Frank, FDIC, Health Insurance Portability and Accountability Act (HIPAA)

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Florida Statutes May Require Community Associations to Hold Voting Certificates

To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if any…more

Community Associations, Condominium Associations, Election Laws, Florida, Homeowners Association (HOA)

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Client Alert: The Federal Circuit Opens a Narrow Door for Mandamus Review of PTAB Denials to Institute IPR

In the proceedings below, the accused infringer (“Mylan”) appealed a Patent Trial and Appeal Board (PTAB) decision that denied institution of inter partes review (IPR) for U.S. Patent No. 9,439,906, and also sought mandamus…more

Appeals, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Bankruptcy Court for the District of Puerto Rico Recognizes its First Chapter 15 Case

[co-author: Andrew Wit, Law Clerk] On March 5, 2020, the Bankruptcy Court for the District of Puerto Rico (“Bankruptcy Court”) entered an order converting a set of jointly-administered chapter 7 bankruptcy cases to cases…more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Debtors

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Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results of a…more

Background Checks, Criminal Background Checks, Discrimination, Fair Housing Act (FHA), Homeowners Association (HOA)

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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

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Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is…more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater, Hazardous Waste

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Did You Lose Your Security Interest in That Collateral? The New Way to Perfect Security Interests Using Updated UCC Forms

Beginning July 1, 2023, many states began accepting revised Uniform Commercial Code (UCC) forms to perfect security interests. These revised forms were adopted earlier this year by the International Association of Commercial…more

Business Taxes, Collateral, Corporate Taxes, Perfected Security Interest, Tax Planning

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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 »

Bankruptcy Preference Alert: Bankruptcy Code Temporarily Tilts in Favor of Supplier and Landlord Preference Defendants

For a limited time only, the “Consolidated Appropriations Act, 2021” (CAA) signed into law on December 27, 2020 amends Bankruptcy Code Section 547 to shield certain deferred supplier and rent payments from avoidance as…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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The Legal Tug of War Over the Definition of Waters of the United States

Once again, developers and other interested parties are grappling with yet another District Court decision regarding the definition of Waters of the United States. On August 30, 2021, the Federal District of Arizona vacated the…more

Biden Administration, Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Trump Administration

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Don’t Snub Staff in Your Law Firm Marketing Strategy

It is no secret that marketing and business development are key components to the success of modern-day law firms. With more than 1.3 million lawyers in the United States alone, gone are the days of waiting for the phone to…more

Business Development, Business Succession, Firm Leadership, Law Firm Ownership, Law Firm Partners

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Client Alert: Coronavirus: What Employers Need to Know About Providing Personal Protective Equipment

As a result of the outbreak of COVID-19, many questions have arisen over the obligation of employers to provide personal protective equipment (PPE), such as respirators. Among them are..…more

Coronavirus/COVID-19, Employer Liability Issues, Policies and Procedures, Workplace Safety

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The Estate Planner, March/April 2024

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense and…more

Beneficiaries, Estate Planning, Estate Tax, Family Members, Property Owners

See all updates »

Client Alert: Beware of COVID-19 Cybersecurity Scams

Opportunistic cybercriminals are taking advantage of the COVID-19 pandemic to dramatically increase cyberattacks. Malware and phishing campaigns are especially prolific, where hackers are sending out emails disguised as helpful…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity

See all updates »

New Nursing Home Regulations are on the Horizon

On February 28, President Biden announced that the Department of Health and Human Services (HHS) will be issuing new regulations for nursing homes. HHS will be issuing regulations through the Centers for Medicare & Medicaid…more

Binding Arbitration, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare

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Client Alert: FAR/BAR Contract Considerations in the Time of COVID-19

The REALTOR®-Attorney Joint Committee is working expeditiously to create educational opportunities aimed at helping REALTOR® Association of Sarasota and Manatee (RASM) members navigate the COVID-19 pandemic. Now more than ever,…more

Coronavirus/COVID-19, Federal Acquisition Regulations (FAR), Force Majeure Clause

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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

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Post Primary Election Report, Part One

This week, Ohio held the first primary of 2022, which included Statewide, U.S. Senate, State Supreme Court, and Congressional Races. The report highlights each race, key insights, overview of the new congressional districts, and…more

Election Results, Governors, Local Elections, Political Candidates, Primary Elections

See all updates »

Client Alert: Extension of Families First Leave Benefits

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“American Rescue Act”). In addition to the widely touted direct stimulus payments and extension of the $300 federal unemployment…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues

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Client Alert: Florida Minimum Wage to Increase on September 30, 2022

On September 30, 2022, the minimum wage in Florida will increase from $10 per hour to $11 per hour. Employ­ers may pay their properly tipped employees a lower rate of $7.98 per hour (increased from $6.98 per hour), but the…more

Employer Liability Issues, Florida, Human Resources Professionals, Labor Regulations, Minimum Wage

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Client Alert: OSHA’s Emergency Temporary Standard Mandates Vaccination or Weekly Testing for Employers with 100+ Employees

Almost two months after President Biden proposed a “Path Out of the Pandemic,” the United States Occupational Safety and Health Administration (OSHA) issued its highly awaited Emergency Temporary Standard (ETS) requiring…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

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Trouble in Texas: Resignations and Scandal - Eurofenix, Winter 2023/24

The fall of Enron Texas is the second largest US state (after Alaska). It is an economic engine in the US, fuelled primarily by the oil and gas industry. When Houstonbased Enron Corporation filed its Chapter 11 case in the…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Enron, Foreign Corporations

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Client Alert: How Employers May Defer Social Security Tax Payments Under Section 2302 of the CARES Act

On April 10, 2020, the IRS issued a set of frequently asked questions (“FAQ”) with more detailed guidance on how employers may defer Social Security tax payments under Section 2302 of the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP)

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Client Alert: The CDC Eviction Order: What Does it Mean for Landlords?

Under a broad claim of authority, on September 4, 2020, the Centers for Disease Control and Prevention (“CDC”) issued an Order (85 FR 55292) to temporarily halt certain residential evictions effective immediately until December…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress, Infectious Diseases

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Client Alert: Senate Finds Compromise on South Carolina Tort Claims Act Bill

As previously reported on January 24, 2019, Bill S0007 was pre-filed before the current legislative session. That Bill sought to more than triple the liability limits under the South Carolina Tort Claims Act. After much debate,…more

Consumer Price Index, Damage Caps, Frivolous Lawsuits, Government Agencies, Proposed Legislation

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Plan Sponsors on Alert After Recent Supreme Court Decision

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)…more

401k, Benefit Plan Sponsors, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Excessive Fees

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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

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Client Alert: 2024 Holiday Gift-Giving Risks and Compliance Concerns for Health Care Providers

As we approach the Holiday Season, we all know that this is the time of year when gifts are exchanged. However, for health care providers, it can be a season of risk. Gifts to referral sources can cause unintended regulatory…more

Anti-Kickback Statute, Gifts, Health Care Providers, Holiday Gifts, Hospitals

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Client Alert: NLRB Announces that many Non-Compete Agreements are now in Violation of Federal Law

Shumaker recently published a Client Alert about the Federal Trade Commission’s (FTC) proposed rule essentially banning the use of non-competition agreements. In that Alert we advised clients that they should take a “wait and…more

Employer Liability Issues, Employment Policies, Federal Trade Commission (FTC), Former Employee, Hiring & Firing

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Client Alert: Not Again! DOL Proposes to Increase Salary Threshold Levels for Overtime Exemptions for the Third Time in Eight Years

On August 30, 2023, the U.S. Department of Labor (DOL) announced its Notice of Proposed Rulemaking (NPRM) concerning updates to the Fair Labor Standards Act’s (FLSA) overtime regulations, specifically the executive,…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Human Resources Professionals, Non-Exempt Employees, Notice of Proposed Rulemaking (NOPR)

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Plan Sponsors on Alert After Recent Supreme Court Decision

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)…more

401k, Benefit Plan Sponsors, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Excessive Fees

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The Estate Planner, March/April 2024

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense and…more

Beneficiaries, Estate Planning, Estate Tax, Family Members, Property Owners

See all updates »

Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations

The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and…more

Anti-Corruption, Anti-Money Laundering, Business Associations, Condominium Associations, Corporate Transparency Act

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Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

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Florida Electronic Health Records Exchange Act Effective July 1

Florida has a new law as of July 1, 2023 relating to the storage of certain health records. The newly enacted Florida Statutes section 408.051 creates the “Florida Electronic Health Records Exchange Act.” The Act states in part…more

Electronic Health Record Incentives, Electronic Records, Florida, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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"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

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Client Alert: Post-Legislative Session Report

On Friday, Florida legislators officially concluded the 2024 Regular Legislative Session. Prior to the symbolic drop of the hanky to signify the end of this year’s session, lawmakers were able to pass a balanced state budget for…more

Florida, General Assembly, Healthcare, Legislative Agendas, State and Local Government

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USPTO Grants Relief to Restore Priority Rights for Patent Applicants

According to U.S. patent law, the first inventor to file a patent application with the United States Patent and Trademark Office (USPTO) will receive the patent. Therefore, it is extremely important for applicants to receive an…more

Coronavirus/COVID-19, Patent Applications, Patents, USPTO

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Brazil Joins the Hague Agreement Concerning the International Registration of Industrial Designs

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. - Filing a design patent in Brazil has never been easier. As of…more

Design Patent, Foreign Patent Applications, Intellectual Property Protection, Patent Applications, Patent Registration

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The Estate Planner, January/February 2024

Married couples: Joint or separate trusts? Revocable trusts are a key component of many estate plans. Among other things, these trusts allow you to minimize probate expenses, keep your financial affairs private and provide…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Fiduciary Duty

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Client Alert: Federal Financial Institution Regulators Encourage Financial Institutions to Work with Borrowers

We are updating our Client Alert from March 26, 2020, in light of the issuance, on April 7, 2020, by the primary fed­eral financial institution regulators (the “Regulators”) of a revised Interagency Statement on Loan…more

CARES Act, Federal Reserve, GAAP

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Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that…more

Antitrust Litigation, Class Action, Failure To State A Claim, False Advertising, Federal Rule 12(b)(6)

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Client Alert: FAA: Drone Manufacturers Must Self-Regulate

In October of 2018, the Federal Aviation Authority Reauthorization Act (“2018 Act”) was signed into law. The new law comes with a set of regulations which for the first time extend the FAA’s authority over the manufacturers of…more

Airspace, Drones, FAA Modernization and Reform Act, Manufacturers, Regulatory Burden

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Client Alert: Shumaker Advisors Florida Coronavirus Update

WHAT TO KNOW NOW - - Florida COVID-19 Update - Monday, March 23, 2020 Coronavirus in Florida by the numbers - - 1,007 total cases in Florida - 13 Floridians have died - State figures show more than 9.700 people…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Florida, Governor DeSantis

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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

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"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022, with…more

Arbitration, Arbitration Agreements, Arbitration Procedural Rules, Breach of Contract, Building Codes

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2022 Ohio Post General Election Report

The 2022 General Elections were held yesterday across the country. This report highlights election results throughout Ohio including U.S. Senate, Congressional, Statewide, State Supreme Court, and State Legislature. …more

General Elections, Local Elections, Members of Congress, Political Campaigns, Political Candidates

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Client Alert: Pier One Bankruptcy Court Approves Request to Delay Rent Payments to Commercial Landlords

After Pier One Imports filed for Chapter 11 on February 17, 2020, the company expected to move quickly through a pro­cess to approve a consensual reorganization plan. Due to Covid-19 restrictions, however, nearly all of the…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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The Estate Planner, March/April 2024

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense and…more

Beneficiaries, Estate Planning, Estate Tax, Family Members, Property Owners

See all updates »

Post Primary Election Report, Part One

This week, Ohio held the first primary of 2022, which included Statewide, U.S. Senate, State Supreme Court, and Congressional Races. The report highlights each race, key insights, overview of the new congressional districts, and…more

Election Results, Governors, Local Elections, Political Candidates, Primary Elections

See all updates »

Client Alert: Export Controls in The Age of Artificial Intelligence: Is Your Company Compliant?

The proliferation of Artificial Intelligence (AI) has impacted virtually every aspect of modern life, altering the course of human advancement in a countless number of fields ranging from science, technology, healthcare, and…more

Artificial Intelligence, Cybersecurity, Data Protection, Popular

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South Carolina Certificate of Need Program Repealed (Except for Nursing Homes)

After four years’ effort, the South Carolina House of Representatives unanimously passed S. 164 yesterday, eliminating Certificate of Need (CON) requirements for all health care facilities except nursing homes and the Medical…more

Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need, Health Care Providers, Healthcare Facilities

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Client Alert: Corporate Transparency Act to Take Effect January 1, 2024

Beginning January 1, 2024, the first wave of reporting requirements under the new Corporate Transparency Act (CTA) will take effect and will require that most companies created on or after such date file a report with the U.S…more

Anti-Corruption, Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform

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Client Alert: AT & T - Time Warner Merger Challenge Might Signal Policy Change on Vertical Mergers

The Department of Justice (“DOJ”) recently sued to block AT&T’s $85.4 billion bid for Time Warner, stating that such a merger would harm consumers by weakening competition. The lawsuit signals a policy change that “vertical…more

AT&T, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers

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Post Primary Election Report, Part One

This week, Ohio held the first primary of 2022, which included Statewide, U.S. Senate, State Supreme Court, and Congressional Races. The report highlights each race, key insights, overview of the new congressional districts, and…more

Election Results, Governors, Local Elections, Political Candidates, Primary Elections

See all updates »

Client Alert: Federal Reserve Main Street Lending Program Now Live; Proposed Expansion of Program for Not for Profits

Current Main Street Lending Program - The long-awaited $600 billion Main Street Lending Program (“MSLP”) established by the Board of Governors of the Federal Reserve System (the “Fed”) and to be administered by the Federal…more

CARES Act, Federal Reserve, Financial Stimulus, Main Street Lending Programs, Main Street New Loan Facility

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Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and…more

Department of Justice (DOJ), Disability, Emotional Support Animals, Fair Housing Act (FHA), Florida

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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, Department of Justice (DOJ), Drones, Fair Labor Standards Act (FLSA)

See all updates »

Client Alert: Shumaker Advisors Florida Coronavirus Update

WHAT TO KNOW NOW - - Florida COVID-19 Update - Monday, March 23, 2020 Coronavirus in Florida by the numbers - - 1,007 total cases in Florida - 13 Floridians have died - State figures show more than 9.700 people…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Florida, Governor DeSantis

See all updates »

Client Alert: Proposed Federal Beneficial Ownership Reporting

Are small businesses with fewer than 20 employees and $5 million or less in revenues routinely laundering money for terrorists, drug dealers, and human traffickers? If you say “no,” you may be concerned about new attention paid…more

Federal Contractors, NDAA, Small Business

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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, Fair Labor Standards Act (FLSA), False Claims Act (FCA), Joint Employers, Operating Agreements

See all updates »

Client Alert: Domestic Renewal of H-1B Visas for Certain Applicants Now Available for a Limited Time

For the first time in two decades, a limited number of eligible H-1B workers are now able to apply to renew their visas without having to leave the United States. Starting January 29, 2024, the U.S. Department of State’s pilot…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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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 »

USCIS Announces Employment Authorization Policy Changes for certain H-4, E, and L Dependent EAD Workers

U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance following the November 10, 2021 settlement agreement discussed in our previous Shumaker Immigration Bulletin blog post.  As of November 12, 2021,…more

Foreign Workers, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures, Immigration Reform

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Brazil Joins the Hague Agreement Concerning the International Registration of Industrial Designs

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. - Filing a design patent in Brazil has never been easier. As of…more

Design Patent, Foreign Patent Applications, Intellectual Property Protection, Patent Applications, Patent Registration

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

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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, Consumer Financial Protection Bureau (CFPB), Mortgages, Underwriting

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Hospital Cyber Resiliency Initiative Landscape Analysis

Health and Human Services (HHS) has released a report that details findings about the state of hospital cyber systems across the United States. In connection with a recent Ponemon Institute report on the cost and impact on…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Department of Health and Human Services (HHS)

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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)

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Client Alert: Beware of COVID-19 Cybersecurity Scams

Opportunistic cybercriminals are taking advantage of the COVID-19 pandemic to dramatically increase cyberattacks. Malware and phishing campaigns are especially prolific, where hackers are sending out emails disguised as helpful…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity

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, Department of Labor (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

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Client Alert: Treasury Delays Federal Income Tax Filing and Payment Deadlines

On March 20, 2020, the Internal Revenue Service (“IRS”) released Notice 2020-18 which delays  the due date for the filing of federal income tax returns and federal income tax payments due April 15, 2020 until July 15, 2020…more

Corporate Taxes, Federal Taxes, Filing Deadlines, Income Taxes, IRS

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Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and…more

Board of Directors, Community Associations, Condominium Associations, Condominiums, Florida

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Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

See all updates »

Client Alert: North Carolina Adopts Limited Immunity for Essential Businesses and Emergency Response Entities

On May 4, 2020, Governor Roy Cooper signed off on legislation that amends North Carolina General Statute §66-460 to provide immunity from civil liability to essential businesses, as defined in the Essential Business Executive…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Personal Protective Equipment, Public Health

See all updates »

Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is…more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater, Hazardous Waste

See all updates »

Environmental Update, December 2020 #2

Early Stakeholder Outreach – Review 2021 Rules: Ohio Environmental Protection Agency (OEPA), Division of Environmental Response and Revitalization (DERR), is seeking early stakeholder input on amendments to the Hazardous Waste…more

Chemicals, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater

See all updates »

Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations

The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and…more

Anti-Corruption, Anti-Money Laundering, Business Associations, Condominium Associations, Corporate Transparency Act

See all updates »

Client Alert: Insurance Coverage Issues Stemming From Coronavirus Losses

The spread of COVID-19 has impacted businesses across the country—some due to government-mandated closures, some due to economic hardship, and some due to a dwindling workforce. While facing these unprecedented economic…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry

See all updates »

Plan Sponsors on Alert After Recent Supreme Court Decision

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)…more

401k, Benefit Plan Sponsors, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Excessive Fees

See all updates »

Environmental Update - June 2020 (Issue 15)

Air - Public Comment Request - 2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program - Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and…more

Clean Air Act, Drinking Water, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Oil & Gas

See all updates »

Client Alert: 2024 Congressional Schedule

Recently, both the U.S. House and U.S. Senate released their 2024 calendars. Despite 2024 being a presidential election year with 33 Senators and the entire House up for re-election, both chambers of Congress will spend a…more

Congressional Committees, Legislative Agendas, Presidential Elections

See all updates »

South Carolina Enacts SALT Cap Workaround

South Carolina recently joined the growing number of states to enact legislation that provides a state workaround to the $10,000 State and Local Tax (SALT) federal income tax deduction cap imposed on individual taxpayers by the…more

Business Taxes, Corporate Taxes, Income Taxes, Local Taxes, SALT

See all updates »

Impact of Senate Bill 1718 on Private Employers

On May 10, 2023, Florida Governor Ron DeSantis signed into law Senate Bill 1718 (SB 1718), which amends various Florida statutes to address provisions related to individuals in Florida who may be unauthorized aliens. In this…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

See all updates »

Client Alert: Paycheck Protection Program Flexibility Act

On June 5, 2020, the Paycheck Protection Program (PPP) Flexibility Act became law. This Act amends the Small Business and CARES Acts to provide additional flexibility to recipients of PPP loans in achieving forgiveness of the…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program and Health Care Enhancement Act

See all updates »

Client Alert: Federal Reserve Announces Expansion, Changes to Main Street Lending Program

This Client Alert serves to update and supplement our Client Alert of April 9, 2020, in light of additional guidance issued by the Board of Governors of the Federal Reserve System. Note, the Board of Governors and the Secretary…more

Banking Sector, Federal Reserve, Financial Institutions, Financial Services Industry

See all updates »

Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence…more

College Athletes, Colleges, Educational Institutions, NCAA, Sexual Assault

See all updates »

Client Alert: Pride and Prejudiced – When to Report Insurance Claims

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium…more

Community Associations, Condominium Associations, Condominiums, Florida, Homeowners Association (HOA)

See all updates »

Client Alert: USCIS Finally Publishes the Dates for the New Fiscal Year’s H-1B lottery

U.S. Citizenship and Immigration Services (USCIS) recently updated employers and immigration practitioners regarding important dates to keep in mind regarding the upcoming H-1B registration for the upcoming H-1B lottery. This…more

Corporate Counsel, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

The Estate Planner, March/April 2024

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense and…more

Beneficiaries, Estate Planning, Estate Tax, Family Members, Property Owners

See all updates »

January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching

Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of…more

Community Associations, Condominium Associations, Condominiums, Florida, Homeowners Association (HOA)

See all updates »

Client Alert: North Carolina Expands COVID-19 Civil Immunity for Health Care Providers

Please allow this to serve as an update to our April 16, 2020 client alert outlining the preliminary COVID-19 health care liability immunities ordered on April 8, 2020 by North Carolina Governor Roy Cooper. On May 4, 2020,…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Policies and Procedures

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 »

Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

See all updates »

Client Alert: 2024 Congressional Schedule

Recently, both the U.S. House and U.S. Senate released their 2024 calendars. Despite 2024 being a presidential election year with 33 Senators and the entire House up for re-election, both chambers of Congress will spend a…more

Congressional Committees, Legislative Agendas, Presidential Elections

See all updates »

New North Carolina Law Requires Inspection at More Bars Serving Food

Effective January 1, 2024, North Carolina law will require any bar that prepares or serves food requiring temperature and time control (TCS foods) to obtain a Food Service Establishment (FSE) permit from the county health…more

Alcohol Beverage Control, Food Safety, Food Service Workers, North Carolina, State and Local Government

See all updates »

Shumaker Advisors 2022 Florida Legislative Session Weekly Newsletter, Week Nine

HIGHLIGHTS - The final week of the 2022 Legislative Session concluded today in Tallahassee. Lawmakers have nearly completed their business for the year, with only a final vote on the budget remaining. The legislature will…more

Legislative Agendas, Proposed Legislation, Race Relations, State and Local Government, State Budgets

See all updates »

SEC Requires FINRA Membership for Previously Exempt Broker-Dealers

The Securities and Exchange Commission (SEC) has recently proposed (July 29, 2023) and rapidly adopted (August 23, 2023) amendments to SEC Rule 15b9-1 that will essentially require almost all broker-dealers to become registered…more

Broker-Dealer, Compliance, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investment Funds

See all updates »

Client Alert: Considerations for Florida Commercial Landlords and Tenants During the COVID-19 Crisis

Due to the recent coronavirus outbreak, many non-es­sential Florida businesses have been forced to tem­porarily close. Other businesses have been forced to scale back operations, such as restaurants being lim­ited to offering…more

Coronavirus/COVID-19, Landlord and Tenant Acts, Landlords, Tenants

See all updates »

Client Alert: Ohio’s New Employment Law Uniformity Act: What Employers Need to Know

On January 12, 2021, Ohio Governor Mike DeWine signed a significant piece of legislation that modifies Ohio’s existing employment discrimination laws. The passage of the Ohio Employment Law Uniformity Act (H.B. 242) (ELUA),…more

Employer Liability Issues, Hiring & Firing, Labor Law Violations, Labor Regulations, New Legislation

See all updates »

Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

See all updates »

Ohio EPA Updates, January 2021

Early Stakeholder Outreach- CRO 2022 Rules: Ohio EPA, Division of Environmental Response and Revitalization (DERR), is seeking stakeholder input on amendments to rules in the Cessation of Regulated Activities Program. The…more

Carbon Emissions, Clean Air Act, Energy Policy, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

The Estate Planner, March/April 2024

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense and…more

Beneficiaries, Estate Planning, Estate Tax, Family Members, Property Owners

See all updates »

Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is…more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater, Hazardous Waste

See all updates »

Client Alert: Are Changes Afoot for Estate and Gift Taxes?

With the current administration and composition of Congress, the short answer is “yes.” Senator Bernie Sanders introduced proposed tax reform legislation on March 25th, which would make major changes to the current estate and…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

See all updates »

Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations

The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and…more

Anti-Corruption, Anti-Money Laundering, Business Associations, Condominium Associations, Corporate Transparency Act

See all updates »

Client Alert: COVID-19 and Contractual Obligations

As the number of people and communities impacted by the COVID-19 pandemic continues to grow, it is inevitable that there are going to be disruptions in the global supply chain. Given the early impacts of COVID-19 on the Far…more

Business Interruption, Coronavirus/COVID-19, Supply Chain

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, Department of Labor (DOL), Full-Time Employees, Health Insurance Exchanges, IRS

See all updates »

Client Alert: Florida Legislature Eases Procurement and Payment Process for Construction Professionals on State and Local Public Projects

During the 2020 session, the Florida Legislature enacted a number of provisions intended to ease the financial burden on construction industry professionals who perform state and local public works projects. Effective July 1,…more

Construction Industry, Construction Project, Project Finance, Public Projects

See all updates »

New North Carolina Law Requires Inspection at More Bars Serving Food

Effective January 1, 2024, North Carolina law will require any bar that prepares or serves food requiring temperature and time control (TCS foods) to obtain a Food Service Establishment (FSE) permit from the county health…more

Alcohol Beverage Control, Food Safety, Food Service Workers, North Carolina, State and Local Government

See all updates »

Client Alert: North Carolina Expands COVID-19 Civil Immunity for Health Care Providers

Please allow this to serve as an update to our April 16, 2020 client alert outlining the preliminary COVID-19 health care liability immunities ordered on April 8, 2020 by North Carolina Governor Roy Cooper. On May 4, 2020,…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Policies and Procedures

See all updates »

Accelerated Examination for First-Time Inventors

The United States Patent and Trademark Office (USPTO) recently launched a First-Time Filer Expedited Examination Pilot Program. The Program is designed to increase accessibility to the patent system for new inventors. The…more

Inventors, Patent Applications, Patent Trial and Appeal Board, Patents, USPTO

See all updates »

Client Alert: Post-Legislative Session Report

On Friday, Florida legislators officially concluded the 2024 Regular Legislative Session. Prior to the symbolic drop of the hanky to signify the end of this year’s session, lawmakers were able to pass a balanced state budget for…more

Florida, General Assembly, Healthcare, Legislative Agendas, State and Local Government

See all updates »

The Estate Planner, March/April 2023

Funding long-term care expenses: What are your options? Few things can derail your estate plan as quickly as unanticipated long-term care (LTC) expenses. Most people will need some form of LTC — such as a nursing home or…more

Asset Management, Beneficiaries, Estate Planning, Family Members, Financial Planning

See all updates »

SEC Approves Significant Changes to Expungement Process

It will become significantly more difficult to remove false customer complaints from advisors’ Central Registration Depositories (CRDs). Financial Industry Regulatory Authority (FINRA) is moving forward with long-pending changes…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Securities and Exchange Commission (SEC)

See all updates »

Client Alert: FTC Gives Guidance in Slaying the Data Breach Dragon

The FTC has recently provided specific guidance on what it considers appropriate data breach protection activity by financial institutions. Such guidance came by virtue of a proposed consent order, dated August 29, 2017,…more

Consent Order, Data Breach, Enforcement Actions, Federal Trade Commission (FTC), Financial Institutions

See all updates »

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Four

This is the final in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation made in Senate Bill 2A and House Bill 837, which became law in December 2022 and…more

Bad Faith, Florida, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Client Alert: OSHA’s Emergency Temporary Standard Mandates Vaccination or Weekly Testing for Employers with 100+ Employees

Almost two months after President Biden proposed a “Path Out of the Pandemic,” the United States Occupational Safety and Health Administration (OSHA) issued its highly awaited Emergency Temporary Standard (ETS) requiring…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

See all updates »

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

See all updates »

Client Alert: EPA’s Cost Benefit Analysis Rule: The Necessity and Limits of Cost Benefit Analysis Expected this Year

Last summer, Environmental Protection Agency (EPA) began one of the more important, and less understood, rulemakings in recent years in “Increasing Consistency and Transparency in Considering Benefits and Cost in the Clean Air…more

Carbon Emissions, Clean Air Act, Cost-Benefit Analysis, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

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

See all updates »

Intellectual Property Law News Alert: Craft Brewer Stone Brewing Co. wins $56 Million Jury Verdict for Trademark Infringement Against Beer Giant MillerCoors’s Rebranding of Key- “Stone” Beer

A jury awarded a $56 million verdict for trademark infringement to an independent craft brewer against the world’s fifth largest beer company on March 25, 2022. The verdict highlights the damage to a smaller business when a much…more

Beer, Beverage Manufacturers, Breweries, Jury Verdicts, Likelihood of Confusion

See all updates »

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

See all updates »

Client Alert: Trust Disputes: When a Charitable Donation Seems Impossible, Cy Pres may be able to Help

Florida residents spend time and energy to ensure their wishes are carried out after death by preparing a will or trust through the assistance of an estate lawyer. Sometimes, their wishes include donating money, land, or…more

Charitable Donations, Cy Pres Funds, Educational Institutions, Estate Planning, Trustees

See all updates »

Client Alert: AT & T - Time Warner Merger Challenge Might Signal Policy Change on Vertical Mergers

The Department of Justice (“DOJ”) recently sued to block AT&T’s $85.4 billion bid for Time Warner, stating that such a merger would harm consumers by weakening competition. The lawsuit signals a policy change that “vertical…more

AT&T, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers

See all updates »

Client Alert: 2024 Congressional Schedule

Recently, both the U.S. House and U.S. Senate released their 2024 calendars. Despite 2024 being a presidential election year with 33 Senators and the entire House up for re-election, both chambers of Congress will spend a…more

Congressional Committees, Legislative Agendas, Presidential Elections

See all updates »

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, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Whistleblowers

See all updates »

Fiscal 2024 Minibus Appropriations Bill Signed, Averting Government Shutdown

On Friday night, the U.S. Senate cleared the Fiscal 2024 Omnibus spending measure for President Biden’s signature. On Saturday morning, President Biden signed into law the Fiscal 2024 Minibus appropriations legislation…more

Administrative Agencies, Appropriations Bill, Federal Budget, Federal Funding, Government Agencies

See all updates »

Client Alert: IRS Unveils Pilot Program for Retirement Plan Sponsors Under Audit

In a June 8th announcement, the Internal Revenue Service (IRS) rolled out a pilot program allowing for pre-examination correction of operational issues in qualified retirement plans. Previously, a plan sponsor could not…more

Benefit Plan Sponsors, Employee Benefits, Human Resources Professionals, IRS, Retirement Plan

See all updates »

Client Alert: Supreme Court Settles Debate in Florida in Favor of Protection of Referral Sources Under Non-Compete Statute at Least in Some Circumstances

On September 14, 2017, the Florida Supreme Court issued a unanimous opinion in consolidated cases White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, SC Appeal No. SC 16-28 and Americare Home Therapy, Inc.,…more

FL Supreme Court, Home Health Care, Home Healthcare Workers, Job Referrals, Non-Compete Agreements

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, Fair Labor Standards Act (FLSA), False Claims Act (FCA), Joint Employers, Operating Agreements

See all updates »

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Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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