Akerman LLP

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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White House Publishes Third Round of Regulatory Reforms to Cuba Sanctions: 'Musicabana' also Announces Major International Music Festival in Havana

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) recently published a series of revisions to the Cuba sanctions regime that appear to…more

BIS, Cuba, General Licenses, OFAC

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SEC Updates Guidance on Non-GAAP Financial Reporting

On May 17, 2016, the Securities and Exchange Commission (SEC) released updated Compliance and Disclosure Interpretations (C&DIs) related to the use of non-GAAP (Generally Accepted Accounting Principles) financial measures in…more

C&DIs, EBITDA, GAAP, Non-GAAP Financial Measures, Regulation S-K

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Illinois Restrictive Covenants: July 2016 Update

Heads up, Illinois employers with post-employment restrictive covenants: three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is…more

Attorney's Fees, Employment Contract, Hiring & Firing, Legitimate Business Interest, Physicians

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New Notice Requirements For Employer Wellness Programs

Employers who sponsor employee wellness programs must plan now to comply with a new notice requirement that takes effect soon. Beginning with the first plan year on or after January 1, 2017, employers sponsoring wellness…more

ADA, EEOC, Employee Benefits, Employee Privacy Rights, Employer Group Health Plans

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New Water Law Will Affect Everyone Who Uses Water in Florida

On January 14, 2016, the officers of the Legislature presented CS/CS/SB 552 to Governor Scott for signature. More famously known as the "Water Bill," this 134-page page marvel of compromise proves that it is still possible to…more

Department of Environmental Protection, Groundwater, Natural Resources, Pending Legislation, Storm Water

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Recent Trends in DOJ Investigations Against Major Financial Institutions Involving U.S. Economic Sanctions

With the imposition of billion-dollar fines against large financial institutions, the U.S. Department of Justice ("DOJ") is focusing on banks for not only failing to comply with federal laws, but also for willfully violating…more

Banking Sector, Banks, Corporate Counsel, Corporate Criminal Fines, DOJ

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SEC Updates Guidance on Non-GAAP Financial Reporting

On May 17, 2016, the Securities and Exchange Commission (SEC) released updated Compliance and Disclosure Interpretations (C&DIs) related to the use of non-GAAP (Generally Accepted Accounting Principles) financial measures in…more

C&DIs, EBITDA, GAAP, Non-GAAP Financial Measures, Regulation S-K

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New EEOC Guidance on Leave Imposes Greater Obligations on Employers

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave…more

ADA, Disability, EEOC, FMLA, New Guidance

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA…more

Employee Benefits, Employer Liability Issues, FLSA, FMLA, Hiring & Firing

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Lights, Camera, Settlement: OCR says a picture is worth $2.2 million

A New York hospital has settled with the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) for $2.2 million after allowing a TV crew for the ABC documentary series “NY Med” to film patients receiving…more

Covered Entities, Film Industry, HHS, HIPAA, Hospitals

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Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more

Clean Air Act, Clean Water Act, EPA, EPCRA, Fines

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NY State Estate Tax of Nonresident's LLC Determined by Entity Classification

The New York State Department of Taxation and Finance (the department) recently opined that a membership interest in a single-member LLC (SMLLC) owning a New York condominium is real property subject to New York State "estate…more

Estate Tax, Limited Liability Companies, Membership Interest, Property Ownership

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors, Lenders, Limited Liability Companies, LLC

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Paid Sick Leave Trend May Require Reconsidering Bundled PTO

An expanding patchwork of paid sick leave laws may represent the next challenge for employers trying to keep pace with changing workplace laws. While Congress has failed to pass federal legislation guaranteeing paid leave…more

New Legislation, Paid Leave, Pending Legislation, PTO, Sick Leave

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Business Associates Beware! OCR Is Coming For You

Last week, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first HIPAA settlement involving a business associate. Catholic Health Care Services of the Archdiocese of Philadelphia…more

Business Associates, HIPAA, HIPAA Breach, OCR, PHI

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IRS Expands Identity Protection Program to Cover Additional Taxpayers

The Internal Revenue Service (IRS) recently announced that starting in 2015, taxpayers who filed their 2014 federal tax return with an address in Florida, Georgia, or Washington, D.C. are eligible to obtain an "identity…more

Data Protection, IRS, Personally Identifiable Information, Tax Returns

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The FTC Social Media Consent Order Against SmartClick: Injunctive Relief and Monetary Judgment For Doctor Certification Program and Paid Promotions Formatted To Appear As Independent Lifestyle Blogs and Review Sites

The FTC continues its efforts to combat deceptive social media advertising. Recently, the FTC brought an enforcement action against SmartClick Media LLC and its owner. The FTC alleged that SmartClick engaged in the following…more

Consent Order, FTC, FTC Act, Online Advertisements, Social Media

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Should Background Checks Be On Your New Employee Checklist?

"Where there's Pepsi, there's music" … is a slogan from a Pepsi marketing campaign. No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and…more

Background Checks, Criminal Background Checks, EEOC, PepsiCo, Race Discrimination

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The Florida Springs and Aquifer Protection Act

The 2016 Florida Legislature adopted SB 552, a long-awaited, comprehensive water bill that tackled issues from Everglades restoration to water supply and created the Florida Springs and Aquifer Protection Act (the Springs…more

Department of Environmental Protection, Natural Resources, New Legislation, Rehabilitation and Restoration Plans, Storm Water

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Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks. Educational…more

Building Permits, Impact Fees, Infrastructure, Local Ordinance, Mobile Homes

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Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) released proposed guidance to update and clarify its position on retaliation and related issues under EEOC-enforced laws, including…more

Anti-Retaliation Provisions, EEOC, Employment Discrimination, Employment Policies, Retaliation

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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2014 Foreign Financial Account Reporting Requirements

U.S. citizens or residents who owned, directly or indirectly through an entity, beneficially or who had power of attorney/signature authority over one or more foreign financial accounts with an aggregate value exceeding $10,000…more

Electronic Filing, FBAR, FinCEN, Foreign Financial Accounts, Income Taxes

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The Silent Threats of Breaches to Medical Devices are Starting to Make Noise

The U.S. Food and Drug Administration (FDA), which is responsible for guidance on medical devices, has acknowledged that certain devices are susceptible to breaches. The FDA has identified cybersecurity vulnerabilities in…more

Cybersecurity, Data Breach, FDA, Healthcare, Medical Devices

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Attention Employers: Action Required Before Having Employees or Contractors Sign Non-Disclosure Agreements

In May, President Obama signed the federal Defend Trade Secrets Act of 2016 into law, the details of which we reported in a recent Akerman Practice Update. The Act allows companies for the first time to bring trade secret theft…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte

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Treasury Department Extends Filing Requirements to Foreign-Owned Domestic Disregarded Entities

On May 10, 2016, the Treasury Department issued proposed regulations (the Proposed Regulations) which enable the Internal Revenue Service (IRS) to collect certain information about domestic disregarded entities with a single…more

Bad Actors, Disregarded Entities, Filing Requirements, Internal Revenue Code (IRC), IRS

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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Florida’s Adoption of Federal Exemptions for Wholesale Drug Distribution May Benefit Pharmacies, Practitioners and Hospitals

The 2016 Florida Legislature enacted substantial legislation (Ch. 2016-212, Laws of Florida) to bring Florida’s Drug and Cosmetic Act (Ch. 499, Florida Statutes) in line with the federal Drug Supply Chain and Security Act…more

Drug Distribution, DSCSA, Exemptions, Health Care Providers, Hospitals

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2016 Environmental Legislation Makes Needed Improvements to Environmental Cleanup Programs

On April 6, 2016, Governor Scott approved legislation which makes much needed improvements and modifications to several existing environmental cleanup programs in Florida including the Petroleum Restoration Program and the…more

Department of Environmental Protection, Florida, New Legislation, State and Local Government

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Bipartisan Budget Act of 2015 Introduces New Partnership IRS Audit Rules

Effective for partnership tax years beginning after 2017, the Bipartisan Budget Act of 2015 repealed the current partnership audit rules and replaced them with rules described in general terms below. Partnerships can also elect…more

Audits, Bipartisan Budget, IRS, LLC, Partnerships

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Non-Compete and Trade Secret Provisions: Protecting Your Company and Assets

Now more than ever, employers must take active steps to protect their confidential information and trade secrets from the prying eyes of competitors. In our digital age, trade secrets can be misappropriated in an instant, and…more

Amazon, Confidential Information, Florida, Google, Hiring & Firing

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FLSA: Changes Continue to Affect Employers

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent…more

Compensation Standards, Compliance, DOL, Florida, FLSA

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Double Trouble: EEOC Increases Penalty for Posting Violations

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers…more

ADA, Discrimination, EEOC, Employee Rights, Employer Liability Issues

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Your Digital Workplace: Pitfalls And Remedies For Employees' Internet Use

Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may be…more

Attorney-Client Privilege, Email, Email Policies, Employer Liability Issues, Facebook

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FCC Proposes Stringent Data Privacy and Security Rules for Internet Service Providers

Late last week, Federal Communications Commission chairman Tom Wheeler proposed sweeping new data privacy and security rules for broadband internet service providers. The proposal represents the FCC's first major regulatory act…more

Communications Act of 1934, Data Breach, Data Privacy, Data Security, FCC

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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White House Publishes Third Round of Regulatory Reforms to Cuba Sanctions: 'Musicabana' also Announces Major International Music Festival in Havana

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) recently published a series of revisions to the Cuba sanctions regime that appear to…more

BIS, Cuba, General Licenses, OFAC

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Lenders are Required to Investigate Suspicious Loan Transactions

The Seventh Circuit Court of Appeals recently held that a lender is obligated to conduct a diligent investigation when it becomes aware of suspicious facts relating to the legitimacy of a loan transaction. In Sentinel Management…more

Chapter 11, Commercial Bankruptcy, Due Diligence, Equitable Subrogation, Fraudulent Transfers

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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What does the Escobar Decision Mean for Healthcare Providers?

On June 16, 2016, the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel Escobar, No. 13-317, — S. Ct. — (June 16, 2016), confirmed that the implied certification theory may serve as a basis for…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers, Implied Certification

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Medical Marijuana’s Florida Debut: A Process Fraught with Constraints

Florida’s limited medical marijuana program is finally almost ready to go live. For those who have been sitting on the sidelines waiting for the right moment to learn about the program, now is that moment. Recently, the Florida…more

Decriminalization of Marijuana, Health Care Providers, Marijuana, Medical Marijuana, New Legislation

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors, Lenders, Limited Liability Companies, LLC

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,…more

Apple Watch, Blogs, Email, Employee Rights, Employer Liability Issues

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DOJ's New Guidance Directing Prosecutors to Target Individuals Responsible for Corporate Wrongdoing Calls for Clarification

On September 9, 2015, the Department of Justice ("DOJ") issued written guidance by the Deputy Attorney General Sally Quillen Yates on investigating and prosecuting individuals involved in alleged corporate wrongdoing (the Yates…more

Civil Investigation Demand, Corporate Misconduct, Criminal Prosecution, DOJ, Enforcement Actions

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Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No…more

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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EPA's Clean Water Rule: Congressional Attempt to Stop is Vetoed, but Pending U.S. Court of Appeals' Stay Remains in Effect

On January 19, 2016, President Obama issued the ninth veto of his presidency, rejecting Joint Resolution 22, a congressional resolution that would have overturned EPA’s recently enacted regulations defining the "waters of the…more

Clean Water Act, Clean Water Rule, EPA, Rapanos v US, Section 404

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Two-Midnight Rule Update

The Centers for Medicare and Medicaid Services (CMS) announced a further delay, through December 31, 2015, of the Recovery Auditors’ (RA) audits of the “Two-Midnight” Rule. Congress previously passed a law delaying enforcement…more

CMS, Healthcare, Hospitals, Inpatient Billing, Medicaid

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Mandatory Margin Posting Regulations Coming Soon for Uncleared Swaps

U.S. bank regulators recently adopted final rules establishing initial and variation margin requirements for uncleared swaps (Final Margin Rules). These rules apply to regulated entities such as banks and subsidiaries of bank…more

Bank Holding Company, Banks, CFTC, Dodd-Frank, Major Swap Participants

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Florida Tax Issues in Commercial Real Estate and Related Financing Transactions

Florida has long been known as a tax friendly state for retirees. The "Sunshine State" has no income tax on individuals and no estate taxes. The state has quite a different reputation for commercial real estate investors who…more

Ad Valorem Tax, Estate Tax, Exemptions, Income Taxes, Real Estate Development

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Fourth District Court of Appeal Holds Sales Tax Against Florida Corporation on Out-of-State Sales is Unconstitutional

In American Business USA Corp. v. Department of Revenue, Case No. 4D13-1472 (4th DCA November 12, 2014), the Fourth District Court of Appeal held that an assessment of sales tax pursuant to a provision in Florida's sales tax…more

Appeals, Commerce Clause, Conflicts of Laws, Cross-Border, Due Process

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OCPS Implements Changes to Capacity Enhancement & School Concurrency Processes

Orange County Public Schools (OCPS) recently implemented a number of changes to the Capacity Enhancement and School Concurrency review processes, which should result in shortened approval timeframes and other cost and time…more

Land Developers, Public School Boards

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It Ain’t Over ‘Til It’s Over: 6th Circuit Confirms That Post-Trial Motions Toll The Deadline To File Attorneys’ Fees Motions And Extends Octane Fitness To Trademark Litigations

In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54…more

Attorney's Fees, Exceptional Case, Rule 54, Trademark Infringement, Trademarks

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Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which…more

Causation, Consumer Expectations Test, Design Defects, FL Supreme Court, Strict Liability

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Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks. Educational…more

Building Permits, Impact Fees, Infrastructure, Local Ordinance, Mobile Homes

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Business Associates Beware! OCR Is Coming For You

Last week, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first HIPAA settlement involving a business associate. Catholic Health Care Services of the Archdiocese of Philadelphia…more

Business Associates, HIPAA, HIPAA Breach, OCR, PHI

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Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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Permit Extensions Available in South Florida Counties due to Emergency Declaration

Section 252.363, Florida Statutes, provides a right to extend the duration of certain state and local permits when the Governor has declared a state of emergency. A state of emergency was recently declared in Martin, St. Lucie,…more

Extensions, Governor Scott, Permits, State and Local Government, State of Emergency

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Permit Extensions Available in South Florida Counties due to Emergency Declaration

Section 252.363, Florida Statutes, provides a right to extend the duration of certain state and local permits when the Governor has declared a state of emergency. A state of emergency was recently declared in Martin, St. Lucie,…more

Extensions, Governor Scott, Permits, State and Local Government, State of Emergency

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Supreme Court Holds That Trademark Tacking is an Issue for the Jury

In trademark law, rights in a trademark are determined by the date of the mark’s first use in commerce, and the party who first uses the mark in commerce has priority over other users. Under the doctrine of "tacking," under…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

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It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance Deadline

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in…more

CLIA, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule

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Deadline Extension to Elect Portability of Unused Estate Tax Exemption

Those who have been involved with an estate of a decedent who died in 2010, 2011, or 2012, should be aware of an important upcoming deadline. The IRS has granted an extension of time (only until December 31, 2014), to elect…more

Deadlines, Estate Tax, Estate-Tax Exemption, IRS

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SEC Highlights Priorities and Reminds Private Funds that the AMU is Enforcing Rules on Anniversary

Marking the fifth anniversary of the formation of the SEC Enforcement Division’s Asset Management Unit (the 'AMU'), unit co-chief, Julie Riewe, highlighted the AMU's enforcement priorities for 2015 and reiterated that conflicts…more

Conflicts of Interest, SEC, Strategic Enforcement Plan

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more

Benefit Plan Sponsors, EPCRS, Retirement Plan, Revenue Procedure 2015-27, Revenue Procedure 2015-28

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FCC Settles Data Breach Investigation with Cox Communications

Recently, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a settlement with Cox Communications (Cox) resolving an investigation into whether the cable operator failed to properly protect its…more

Cox Communications, Data Breach, FCC, Personally Identifiable Information, Settlement

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Non-Compete and Trade Secret Provisions: Protecting Your Company and Assets

Now more than ever, employers must take active steps to protect their confidential information and trade secrets from the prying eyes of competitors. In our digital age, trade secrets can be misappropriated in an instant, and…more

Amazon, Confidential Information, Florida, Google, Hiring & Firing

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Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the “DMCA”). …more

Capitol Records, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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With This Ring, I Thee Confer Benefits... The Meaning Of "I Do"

Based upon an IRS determination which took effect last week, same-sex couples who enter into marriages in jurisdictions that recognize such marriages are now treated as married for federal tax purposes, regardless of whether the…more

Employee Benefits, IRS, Marriage, Same-Sex Marriage, U.S. Treasury

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WOTUS - The Beat Goes On But the Underlying Issue Remains Unresolved

The procedure-based litigation over the EPA and Army Corps' "Waters of the United States" rule (WOTUS) is continuing. The agencies issued WOTUS, which they intended to constitute the implementation of the Supreme Court’s…more

Clean Water Act, EPA, Jurisdiction, Rapanos v US, SCOTUS

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Eleventh Circuit Announces New Standard for Employers to Win Cases on Summary Judgment

Employers in Florida, Georgia, and Alabama should adjust their analysis of discrimination claims in light of a recent court decision that changes the legal standard for employers seeking early dismissal of discrimination cases…more

Anti-Discrimination Policies, Corporate Counsel, Dismissals, Employer Liability Issues, Employment Discrimination

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Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of…more

Brownfield Properties, Contaminated Properties, Environmental Policies, New Legislation, Real Estate Development

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Federal Court finds “Systemic Failure” in Processing of Administrative Appeals for Medicare Reimbursement Claims

A win for efficiency: The AHA suit may force shorter adjudication times for Medicare administrative appeals. In 2014, the American Hospital Association (AHA), along with three hospital systems, filed suit against the U.S…more

Adjudicatory Process, Administrative Appeals, Affordable Care Act, Health Care Providers, HHS

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$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more

Affordable Housing, Apartments, Appropriations Bill, Florida, Homeless Issues

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Double Trouble: EEOC Increases Penalty for Posting Violations

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers…more

ADA, Discrimination, EEOC, Employee Rights, Employer Liability Issues

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Ninth Circuit “Strikes A Pose” For Madonna And Music Sampling In “Vogue” Copyright Dispute

In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a 0.23-second horns segment of…more

Copyright, Copyright Infringement, Copyright Litigation, De Minimis Claims, Music

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Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more

ADA, CVS, Employer Liability Issues, Essential Functions, Popular

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Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that maintain…more

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Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work Product Privilege

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SEC Settles Charges Against Investment Firm that Failed to Adopt Cybersecurity Policies Before Data Breach

Recently, the SEC announced that R.T. Jones Capital Equities Management, a St. Louis-based investment adviser, agreed to settle charges that it failed to establish the required cybersecurity policies and procedures before a data…more

Cybersecurity, Data Breach, Enforcement Actions, Investment Adviser, NIST

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What does the Escobar Decision Mean for Healthcare Providers?

On June 16, 2016, the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel Escobar, No. 13-317, — S. Ct. — (June 16, 2016), confirmed that the implied certification theory may serve as a basis for…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers, Implied Certification

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White House Publishes Third Round of Regulatory Reforms to Cuba Sanctions: 'Musicabana' also Announces Major International Music Festival in Havana

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) recently published a series of revisions to the Cuba sanctions regime that appear to…more

BIS, Cuba, General Licenses, OFAC

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New CMS rule clarifies when 60-day overpayment clock starts ticking

Four years after publication of its proposed rule related to reporting and returning overpayments within 60 days, CMS has issued a final rule that responds to comments and provides greater clarity. The published rule is under…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Health Care Providers

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Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, Cuba, Cuban Assets Control Regulations (CACR), Economic Development, Entrepreneurs

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Business Associates Beware! OCR Is Coming For You

Last week, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first HIPAA settlement involving a business associate. Catholic Health Care Services of the Archdiocese of Philadelphia…more

Business Associates, HIPAA, HIPAA Breach, OCR, PHI

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SEC Highlights Priorities and Reminds Private Funds that the AMU is Enforcing Rules on Anniversary

Marking the fifth anniversary of the formation of the SEC Enforcement Division’s Asset Management Unit (the 'AMU'), unit co-chief, Julie Riewe, highlighted the AMU's enforcement priorities for 2015 and reiterated that conflicts…more

Conflicts of Interest, SEC, Strategic Enforcement Plan

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U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Lenders are Required to Investigate Suspicious Loan Transactions

The Seventh Circuit Court of Appeals recently held that a lender is obligated to conduct a diligent investigation when it becomes aware of suspicious facts relating to the legitimacy of a loan transaction. In Sentinel Management…more

Chapter 11, Commercial Bankruptcy, Due Diligence, Equitable Subrogation, Fraudulent Transfers

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Chicago Ordinance Requires Employer to Provide Paid Sick Leave

The City of Chicago joined a growing list of cities requiring private employers to provide paid sick leave to its employees. With no federal sick pay requirement, employers in the City of Broad Shoulders will now need to bear…more

FMLA, Local Ordinance, Minimum Wage, Paid Leave, PTO

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2016 Environmental Legislation Makes Needed Improvements to Environmental Cleanup Programs

On April 6, 2016, Governor Scott approved legislation which makes much needed improvements and modifications to several existing environmental cleanup programs in Florida including the Petroleum Restoration Program and the…more

Department of Environmental Protection, Florida, New Legislation, State and Local Government

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Overtime Beware! The U.S. Department of Labor Releases Its Long-Awaited New Overtime Rule

On May 18, 2016, the U.S. Department of Labor (DOL) announced its long-awaited regulatory change to the salary threshold in the Fair Labor Standards Act (FLSA). The final rule will have a sweeping effect on employers across the…more

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

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Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared

Beginning January 1, 2013, manufacturers, producers, and importers of medical devices must report and pay a 2.3% excise tax on the sales price of taxable medical device pursuant to Section 4191 of the Internal Revenue Code…more

Excise Tax, FDA, FDCA, Imports, IRS

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SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,…more

EB-5, Enforcement Actions, Foreign Investment, Green Cards, Ponzi Scheme

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New Notice Requirements For Employer Wellness Programs

Employers who sponsor employee wellness programs must plan now to comply with a new notice requirement that takes effect soon. Beginning with the first plan year on or after January 1, 2017, employers sponsoring wellness…more

ADA, EEOC, Employee Benefits, Employee Privacy Rights, Employer Group Health Plans

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NY State Estate Tax of Nonresident's LLC Determined by Entity Classification

The New York State Department of Taxation and Finance (the department) recently opined that a membership interest in a single-member LLC (SMLLC) owning a New York condominium is real property subject to New York State "estate…more

Estate Tax, Limited Liability Companies, Membership Interest, Property Ownership

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DOJ's New Guidance Directing Prosecutors to Target Individuals Responsible for Corporate Wrongdoing Calls for Clarification

On September 9, 2015, the Department of Justice ("DOJ") issued written guidance by the Deputy Attorney General Sally Quillen Yates on investigating and prosecuting individuals involved in alleged corporate wrongdoing (the Yates…more

Civil Investigation Demand, Corporate Misconduct, Criminal Prosecution, DOJ, Enforcement Actions

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SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more

Banking Sector, Barack Obama, Consumer Financial Products, Cuba, Financial Products

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$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more

Affordable Housing, Apartments, Appropriations Bill, Florida, Homeless Issues

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Insurers Challenge Retroactive Application of New Florida Law that Requires Comparison of Names of Accounts to Death Master File

Amendments to the Florida Disposition of Unclaimed Property Act in 2016 made significant changes to unclaimed property presumptions and insurance company obligations. See § 717.107, Fla. Stat. (2016) (the Act). Among other…more

Contract Interpretation, Contract Terms, Death Master Files, Florida, Insurance Industry

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Santa Claus Will Leave The Building In 2016 — Author’s Heirs Prevail Over EMI

In Baldwin, et al. v. EMI Feist Catalog, Inc., the Second Circuit Court of Appeals was tasked with determining when and how the rights to the song “Santa Claus is Comin’ to Town” (the “Song”) would properly terminate. The heirs…more

Copyright, Copyright Litigation, EMI Entertainment, Holidays, Music Industry

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EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for…more

DHS, EB-5, Foreign Nationals, Real Estate Development, Real Estate Investments

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Florida Ad Valorem Property Tax Refund Interest

The Florida Legislature, in its continuing attempt to level the property tax playing field, provided that interest be paid on taxes collected above the tax ultimately warranted by the property assessment…more

Ad Velorum Property Taxes, Interest Payments, Property Tax, Tax Assessment, Tax Refunds

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The Ray Charles’s Foundation Doesn’t Have to “Hit the Road Jack”: Ninth Circuit Permits Foundation to Challenge the Validity of Copyright Termination Notices Served by Ray Charles’s Heirs on Third Party Grantees

On July 31, 2015, the Ninth Circuit reversed the Central District of California’s dismissal of an action brought by the Ray Charles Foundation, seeking, among other things, a judicial determination of the validity and…more

Article III, Audio Recording, Copyright, Irrevocable Trusts, Music Industry

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The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Enhancements to Florida's Solicitation of Funds Law Now Effective - Charities Now Have Tighter Regulations

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture, Adam Putnam, worked with the Florida Legislature to enact material enhancements to Florida's…more

Charitable Donations, Charitable Organizations, Fundraisers, Non-Profits

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Insurers Challenge Retroactive Application of New Florida Law that Requires Comparison of Names of Accounts to Death Master File

Amendments to the Florida Disposition of Unclaimed Property Act in 2016 made significant changes to unclaimed property presumptions and insurance company obligations. See § 717.107, Fla. Stat. (2016) (the Act). Among other…more

Contract Interpretation, Contract Terms, Death Master Files, Florida, Insurance Industry

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Accountable Care, Non-Profit Status and the Dangerous Ripple Effect it May Cause

On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first time…more

501(c)(3), ACOs, Exempt Organizations, Health Care Providers, IRS

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Daimler AG v. Bauman and its Progeny: U.S. Courts Significantly Limit General Personal Jurisdiction

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Supreme Court issued a unanimous decision that significantly limited where a corporate defendant is subject to general jurisdiction in the United States. This ruling provides…more

DaimlerAG, DaimlerChrysler v Bauman, Foreign Corporations, Personal Jurisdiction, SCOTUS

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Seventh Circuit Holds That Collective and Class Action Waivers in Arbitration Agreements are Unenforceable

The Seventh Circuit Court of Appeals held that collective and class action waivers contained in arbitration agreements with employees are unenforceable and violate the National Labor Relations Act. Reaching the opposite…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act

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Microsoft Makes a Play to Join the Green Rush

Software giant Microsoft has taken a bold step forward into the legal marijuana business, signaling mainstream acceptance of the explosive, yet controversial, cannabis industry. Microsoft has partnered with Los Angeles-based…more

Marijuana, Marijuana Related Businesses, Microsoft

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Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or…more

Commercial Real Estate Market, Condominiums, Hotels, Regulation D, Rule 10b-5

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A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of…more

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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CMS Extends Enrollment Moratorium on Home Health Agencies

The Centers for Medicare and Medicaid Services (CMS) announced that it will once again extend the moratorium on the enrollment of new home health agencies, branch locations and subunits in certain metropolitan areas of Florida,…more

CHIP, CMS, Compliance, Enrollment, Healthcare

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IRS Changes Position on Non-Taxable IRA Rollover Contributions

The U.S. Tax Court recently decided that the one-per-year IRA rollover limitation in 26 U.S.C. § 408(d)(3)(B) applies in the aggregate to all of the taxpayer’s IRA accounts rather than separately to each of a taxpayer’s IRA…more

IRA, IRA Rollovers, Non-Taxable Income

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Fighting Prescription Drug Abuse Gets a Little Easier for Florida Providers, Pharmacists

Pharmacies, dispensing prescribers, and certain healthcare facilities in Florida will soon have an easier time complying with controlled-substance reporting requirements. Florida established its Prescription Drug Monitoring…more

Controlled Substances, Health Care Providers, New Legislation, Pharmacies, Prescription Drugs

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SEC Updates Guidance on Non-GAAP Financial Reporting

On May 17, 2016, the Securities and Exchange Commission (SEC) released updated Compliance and Disclosure Interpretations (C&DIs) related to the use of non-GAAP (Generally Accepted Accounting Principles) financial measures in…more

C&DIs, EBITDA, GAAP, Non-GAAP Financial Measures, Regulation S-K

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Culture of Safety Wins: Federal Patient Safety Law Preempts Amendment 7

Florida’s First District Court of Appeal issued its opinion in the highly watched case of Southern Baptist Hospital of Florida, Inc. v. Charles et al. The First District Court ruled that the federal Patient Safety and Quality…more

Appeals, Discovery, FL Supreme Court, Healthcare, Hospitals

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Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These programs…more

Property Tax, Real Estate Market, Sales & Use Tax, SALT, State Budgets

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

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Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in…more

Fair Use, Lanham Act, Popular, Trademark Infringement, Trademarks

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Treasury Department Extends Filing Requirements to Foreign-Owned Domestic Disregarded Entities

On May 10, 2016, the Treasury Department issued proposed regulations (the Proposed Regulations) which enable the Internal Revenue Service (IRS) to collect certain information about domestic disregarded entities with a single…more

Bad Actors, Disregarded Entities, Filing Requirements, Internal Revenue Code (IRC), IRS

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SEC Updates Guidance on Non-GAAP Financial Reporting

On May 17, 2016, the Securities and Exchange Commission (SEC) released updated Compliance and Disclosure Interpretations (C&DIs) related to the use of non-GAAP (Generally Accepted Accounting Principles) financial measures in…more

C&DIs, EBITDA, GAAP, Non-GAAP Financial Measures, Regulation S-K

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The FTC Social Media Consent Order Against SmartClick: Injunctive Relief and Monetary Judgment For Doctor Certification Program and Paid Promotions Formatted To Appear As Independent Lifestyle Blogs and Review Sites

The FTC continues its efforts to combat deceptive social media advertising. Recently, the FTC brought an enforcement action against SmartClick Media LLC and its owner. The FTC alleged that SmartClick engaged in the following…more

Consent Order, FTC, FTC Act, Online Advertisements, Social Media

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Supreme Court Decision Striking Down DOMA Will Have a Significant Impact on Employer-Sponsored Benefits

The United States Supreme Court ruled on June 26 in United States v. Windsor, U.S., No 12-307, that the definitions of “marriage” and “spouse” contained in the Defense of Marriage Act (DOMA) excluding same-sex partners are a…more

Civil Unions, DOMA, Domestic Partnership, Due Process, Employee Benefits

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2013 Property Tax Assessment Notices Mailed This Month

The Florida County Property Appraiser Offices have started to mail the 2013 Property Tax Assessment Notices, commonly known as TRIM Notices. TRIM Notices present the 2013 property assessments and are mailed for both real and for…more

Appraisal, Valuation

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Stay Ahead Of The Tides: The Ever Changing California Employment Landscape

Employers with California employees are already familiar with the particularities and unique challenges associated with doing business in this state. As other west coast states appear to be meeting or surpassing California’s…more

Local Ordinance, Paid Leave, PTO, Sick Leave, Wage and Hour

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The Florida Crowdfunding Act - An Attempt to Facilitate Capital Raising by Small Businesses in Florida

"Crowdfunding" is the collection of small amounts of money from a large number of people to fund innovative projects, artistic endeavors, and non-profit political and charitable causes through the Internet. Over the past several…more

Crowdfunding, Indiegogo, Kickstarter, New Legislation, Regulation D

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The Florida Crowdfunding Act - An Attempt to Facilitate Capital Raising by Small Businesses in Florida

"Crowdfunding" is the collection of small amounts of money from a large number of people to fund innovative projects, artistic endeavors, and non-profit political and charitable causes through the Internet. Over the past several…more

Crowdfunding, Indiegogo, Kickstarter, New Legislation, Regulation D

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the…more

Appeals, Arbitration, Arbitration Awards

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Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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FTC Acts Against Warner Bros.' YouTube Promotion Campaign

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (Warner Bros.) for the company’s misleading use of social media…more

FTC, FTC Act, Native Advertising, Section 5, Social Media

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2015 L&E Developments

As we begin 2016, it is a good time to look back at 2015 labor and employment law developments that employers must keep in mind during the new year. 2015 was indeed a busy year. AFFORDABLE CARE ACT - In 2015, the U.S…more

Affordable Care Act, FLSA, FMLA, GINA, Home Health Care

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Accountable Care, Non-Profit Status and the Dangerous Ripple Effect it May Cause

On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first time…more

501(c)(3), ACOs, Exempt Organizations, Health Care Providers, IRS

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Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

DOL, Employee Handbooks, Employment Discrimination, FLSA, Hiring & Firing

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United States Congress Extends EB-5 Program without Changes

In a provision in the omnibus Fiscal Year spending bill, the U.S. Congress extended the EB-5 immigrant investment program until September 30, 2016, without any changes. The bill is currently expected to pass the Congress and be…more

EB-5, GAO, Immigration, Visas

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Florida Department Of Health Adopts New Telemedicine Rule: Florida Legislature Considers Changing The Law

While the Florida Department of Health (DOH) adopted a new telemedicine rule on March 12, 2014 [Rule 64B8-9.0141 and Rule 64B15-14.0081 of the Florida Administrative Code], several bills on the same subject are under…more

Healthcare, Telemedicine

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Parody Writers Take Note: Fair Use Parody + New Elements = Copyright Protection

On October 30, 2015 the Second Circuit held that an unauthorized parody that makes “fair use” of its source material is eligible for copyright protection and that copyright protection may extend to a work that exhibits the…more

Copyright, Copyright Infringement, Copyright Litigation, Entertainment Industry, Fair Use

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DOJ Launches One-Year Pilot Program to Encourage Corporations to Voluntarily Disclose FCPA Violations

On April 5, 2016, the United States Department of Justice's (DOJ) Criminal Division launched a new, one-year Foreign Corrupt Practices Act (FCPA) pilot program that the DOJ hopes will encourage corporations to voluntarily…more

Criminal Sanctions, DOJ, FBI, FCPA, Federal Pilot Programs

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An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign…more

Consulate, Delays, Foreign Nationals, Human Resources Professionals, US Department of State

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Federal "Defend Trade Secrets Act of 2016" Passes in Congress Today: How the DTSA Affects Your Business

Over the past decade, as companies moved into a digital world, so too moved their most valuable assets and proprietary information. As a result, the United States witnessed a significant uptick in data theft and misappropriation…more

Defend Trade Secrets Act (DTSA), Economic Espionage Act, Misappropriation, Popular, Trade Secrets

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Daimler AG v. Bauman and its Progeny: U.S. Courts Significantly Limit General Personal Jurisdiction

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Supreme Court issued a unanimous decision that significantly limited where a corporate defendant is subject to general jurisdiction in the United States. This ruling provides…more

DaimlerAG, DaimlerChrysler v Bauman, Foreign Corporations, Personal Jurisdiction, SCOTUS

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The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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Data Security Issues in the Workplace: It’s 10:00 p.m. – Do You Know Where Your Company’s Data Is?

It seems that not a day goes by without another massive data breach incident providing fodder for the morning headlines or the evening news. That should come as no surprise. According to key studies, the average company…more

Breach Notification Rule, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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Water as a Highway: Back to the Future

Florida's economic prosperity is integrally and intimately tied to water and water resources. Nearly two-thirds of our population is clustered in major urban areas situated on the Atlantic Ocean or Gulf of Mexico. Most of…more

Greenhouse Gas Emissions, Inland Waterways, Public Private Partnerships (P3s), Vessels

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Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which…more

Causation, Consumer Expectations Test, Design Defects, FL Supreme Court, Strict Liability

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June Expiration of Select New York City Residential and Commercial Incentive Programs

Four major New York City based incentives programs for residential and commercial property owners and tenants are scheduled to sunset in June. Depending on individual circumstances, there may be an opportunity to vest benefits…more

Commercial Property Owners, Property Owners, Property Tax, Sunset Provisions, Tax Credits

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New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more

Banking Sector, Barack Obama, Consumer Financial Products, Cuba, Financial Products

See All Updates »

SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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Why You Should Make Your Website ADA Accessible Now

Even though the deadline for creating accessibility standards has been pushed back to 2018, private businesses are at risk now if they have not yet taken measures to ensure that their websites can be accessed by individuals with…more

ADA, DOJ, Duty to Accommodate, Public Accommodation, Website Accessibility

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EEOC Announces Launch of Online Charge Status System

Employers can now electronically monitor and respond to EEOC charges of discrimination via a secure online portal.  This means employers can receive updates and transmit information to the EEOC much more quickly than in the…more

Adverse Employment Action, Discrimination, EEOC, Employer Liability Issues, Employment Discrimination

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

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Effective Management of Employee Medical Issues in 2015

Compliance with the Family & Medical Leave Act and the Americans with Disabilities Act continues to cause issues for even the most experienced workplace professionals. In recent years, both the FMLA and ADA have expanded…more

ADA, Compliance, EEOC, FMLA, NPRM

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Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and…more

Companionship Exemptions, DOL, Home Health Agencies, Home Health Care, Home Healthcare Workers

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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NLRB Pushing for a Joint Employer Liability Model for Franchisors?

In a move that has caused great concern in the franchising industry, in pending cases filed by employees against McDonald's franchisees, the National Labor Relations Board (NLRB) has authorized the filing of complaints against…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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June Expiration of Select New York City Residential and Commercial Incentive Programs

Four major New York City based incentives programs for residential and commercial property owners and tenants are scheduled to sunset in June. Depending on individual circumstances, there may be an opportunity to vest benefits…more

Commercial Property Owners, Property Owners, Property Tax, Sunset Provisions, Tax Credits

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Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

DOL, Employee Handbooks, Employment Discrimination, FLSA, Hiring & Firing

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FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character limited…more

Advertising, FDA, Marketing, Medical Devices, Pharmaceutical Industry

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Contact

Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131, United States

Contact: Marlisa B. Serrano, Senior Media Relations Manager

  • 305.374.5600
  • 305.374.5095

Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys

400+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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