Trenam Kemker

101 East Kennedy Boulevard Suite 2700
Tampa, FL 33602, United States

  • 813-223-7474
  • 813-229-6553

The Florida Revised Limited Liability Company Act Action may be required by Florida LLCs by December 31, 2014

In 2013, the Florida Legislature adopted the Revised Florida Limited Liability Act. The Revised LLC Act restates the Florida laws governing LLCs in an entirely new Chapter 605, which succeeds the prior LLC Act found in Chapter…more
| Business Organizations, Commercial Law & Contracts

IRS Releases New Form 1023-EZ for Smaller Charities Applying for Tax-Exempt Status

On July 1, 2014, the Internal Revenue Service (“IRS”) released a new application form to assist small charities applying for recognition of tax-exempt status for federal income tax purposes under section 501(c)(3) of the…more
| Nonprofit Law, Taxation

Intervention Generally Not Permitted After Final Judgment

In this trust litigation case, the Attorney General of Delaware sought to intervene in a case involving a charitable trust providing for children with physical disabilities in the State of Delaware. In 2004, additional…more
| Civil Procedure, Wills, Trusts, & Estate Planning

BP Oil Spill Litigation – Current Status of the Litigation

As many are aware, BP entered into a Settlement Agreement to compensate citizens of areas surrounding the Gulf of Mexico for losses arising from the epic oil spill in 2010. There has been substantial litigation and appellate…more
| Civil Procedure, Civil Remedies, Constitutional Law, Environmental Law, Toxic Torts

Employee Testing Compliance May Test Your Patience

Federal law governs how an employer may test prospective hires and employees. The laws are designed to ensure that employment decisions are based on knowledge, skills, and abilities, rather than membership in a protected group…more
| Civil Rights, Labor & Employment Law

Innocent Spouse Relief Expanded

By filing a joint income tax return, spouses make themselves liable for all of the income tax due on their combined income. While filing a joint return can provide significant advantages, it also can create an unfair burden for…more
| Civil Remedies, Family Law, Taxation

What Are “Navigable Waters”?

According to this 11th Circuit case, “a waterway is navigable for admiralty jurisdiction purposes if, in its present state, it is capable of supporting commercial activity.”…more
| Civil Procedure, Maritime Law

The Top Ten Points To Watch For In Commercial Real Estate Contracts Point #4 - “What’s the Purchase Price and How Is It Paid?”

Almost as important as “when do we close?” in a commercial real estate transaction is the question “how much will I be paid and how?” Answering that question requires that the purchase price and terms of payment be clear…more
| Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial

Error to Dismiss Case for Lack of Prosecution When Party Awaits Action on Notice of Trial

In this mortgage foreclosure case, the trial court dismissed the case because appellant failed to schedule the matter for non-jury trial, despite the fact that appellant had filed a notice of trial…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

“Law of the Flag” Held Not to Apply to Action on Unenforceable Gambling Debt in Florida Bankruptcy Court

In this bankruptcy contract case, the debtor, a cruise vessel operating as a gambling casino, fronted $200,000 to a blackjack gambler who submitted checks for the cash but then stopped payment on the checks. The debtor sued to…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Maritime Law

The Carriage of Goods at Sea Act Requires that Suit Be Brought Within One Year of “Delivery”

In this case, the plaintiff entered into a contract of carriage wherein the defendant agreed to ship pears to a consignee in Brazil. A later inspection discovered that the pears froze during the voyage, causing the fruits to…more
| Civil Procedure, Commercial Law & Contracts, Maritime Law, Transportation

No Claim for “Financial Unseaworthiness” When Passengers Never Board Vessel

This case arose in a bankruptcy proceeding. A creditor had pre-paid a substantial sum for cruises on a vessel. The vessel owner and operator filed bankruptcy before the cruises took place, and the creditor sought return of the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Personal Injury, Maritime Law

Dismissal with Prejudice Not an Option for Failure to Serve Process Within 120 Days

In this breach of contract case, the trial court sua sponte dismissed a complaint “with prejudice” for failure to serve it within 120 days, after the court entered an order requiring service within 120 days…more
| Civil Procedure, Commercial Law & Contracts

Is a Floating Casino Subject to Maritime Jurisdiction?

In some cases, yes. In this case, a paddlewheel vessel, the Belle of Orleans. served as a dockside casino on Lake Pontchartrain. It became unmoored during Hurricane Katrina, damaged nearby property, and was liable for unpaid…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Maritime Law

A Contract to Repair a Vessel Is a Maritime Contract, but a Contract to Sell a Vessel Is Not.

In this case, an insurance company sued Mercury Marine and First Choice Marine after a boat dropped off for repairs was stolen from First Choice’s premises. The insurance company brought a subrogation claim, standing in the…more
| Commercial Law & Contracts, Insurance, Maritime Law
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Florida
Number of Attorneys

25-50 Attorneys

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