Trenam Kemker

Author

Latest Publications

Jason H. Baruch

Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential. Four days after the parties signed the settlement…more

Confidentiality, Facebook, Hiring & Firing, Settlement, Termination

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Chris Brown

Winning a Judgment Against a Mexican Corporation May be Priceless…Literally

The United States and Mexico share a strong economic relationship, but it is far from being free of complications. Mexico is the United States’ third largest trade partner, and is eclipsed only by Canada in US exports. The North…more

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Douglass Farnsworth

Employers Must Decide Whether to Pay or Play By 2015 (or is it 2016?)

The employer “shared responsibility” provision of the Affordable Care Act, is commonly referred to as an “employer mandate.” But it is more aptly called the “pay or play” rule, because employers will still not technically be…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Healthcare Reform

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Diana Hayes

Number One Priority – Understanding Changes that Impact Securing and Maintaining Priority as a Secured Creditor (Recent Amendments to Article 9 of the Uniform Commercial Code)

Florida joined with a majority of states in adopting the 2010 changes to Article 9 of the Uniform Commercial Code (Ch. 679, Fla. Stat.), which governs security interests in personal property. Consistent with the targeted uniform…more

Article 9, Filing Requirements, Financing, Secured Creditors, UCC

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Michael Igel

The HIPAA Compliance Deadline is Less Than One Week Away. Business Associate Agreements and Other Documents Must Be Revised. Are You Ready?

On September 23, 2013, Covered Entities and Business Associates must be compliant with the final Health Insurance Portability and Accountability Act (HIPAA) Omnibus Rule (the “HIPAA Final Rule”). The HIPAA Final Rule modified…more

Business Associates, Compliance, Data Protection, Deadlines, Healthcare

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Richard Leisner

Dawn of a Brave New World! Advertising in "private offerings" under new SEC Rule 506(c), but no "bad actors"

Exempt securities offerings are nearing the dawn of what promises to be a truly Brave New World: Beginning September 23, 2013, new SEC Rule 506(c) will allow advertising and general solicitation in certain “private” securities…more

Accredited Investors, Bad Actors, Compliance, Dodd-Frank, General Solicitation

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D. Michael O'Leary

Legal Update - 2013

In This Issue: - Summary of Income Tax Provisions in the American Taxpayer Relief Act of 2012 - Summary of Federal Estate, Gift and GST Tax Provisions of the 2012 Act Please see full issue below for more…more

American Taxpayer Relief Act, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer, Gift-Tax Exemption

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Patrick Poff

Protesting Classified Acquisitions

Even if an acquisition limits competition under one of the exceptions in Federal Acquisition Regulation 6.302, interested parties can still protest. One example of this is when interested parties protest classified acquisitions…more

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David R Brittain

The Top Ten Points To Watch For In Commercial Real Estate Contracts: Point #3 – What’s the property and how good is its title?

What’s the property and how good is its title? Today’s topic can be reduced to a very simple question: as a real estate purchaser/investor, how do I get all of the property I’m paying for, with no unpleasant investment…more

Bill of Sale, Land Titles, Lot Descriptions, Personal Property, Title Certificates

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Stephen Tabano

This Land is Your Land...Or Is It?

As the economy has improved in recent years, the state road department, municipalities and public utilities have all been gearing up to construct needed projects. To do this, the government typically requires lands in private…more

Condemnation, Eminent Domain, Takings

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J. Eric "Tate" Taylor

Legal Update - 2013

In This Issue: - Summary of Income Tax Provisions in the American Taxpayer Relief Act of 2012 - Summary of Federal Estate, Gift and GST Tax Provisions of the 2012 Act Please see full issue below for more…more

American Taxpayer Relief Act, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer, Gift-Tax Exemption

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Gary Teblum

Legal Update - 2013

In This Issue: - Summary of Income Tax Provisions in the American Taxpayer Relief Act of 2012 - Summary of Federal Estate, Gift and GST Tax Provisions of the 2012 Act Please see full issue below for more…more

American Taxpayer Relief Act, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer, Gift-Tax Exemption

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Marie Tomassi

Appellate Briefs - February 2013: Dealing with a Difficult Judge

Dealing with a Difficult Judge - I find it difficult to believe that February has come roaring in, but here we are in the month of hearts and flowers. According to Wikipedia, Saint Valentine has been associated “with a…more

Judges

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John Vento

Protesting Classified Acquisitions

Even if an acquisition limits competition under one of the exceptions in Federal Acquisition Regulation 6.302, interested parties can still protest. One example of this is when interested parties protest classified acquisitions…more

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Roberta Watson

Employers and The Affordable Care Act: What Lies Ahead

As the Legislature decides whether Florida will implement certain provisions of the Affordable Care Act (ACA), businesses of all sizes are grappling with the impact of the law and the choices they must make. Employers in…more

Affordable Care Act, Health Insurance Exchanges, Healthcare, Individual Mandate, Pay or Play

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