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
  • Michigan
  • North Carolina
  • Ohio
  • South Carolina
Number of Attorneys
100+ Attorneys

Vesting and Priorities of Competing Construction Liens

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

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

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

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

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

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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: Will Florida’s DNA Privacy Law Start a Trend?

New Florida Law Expands Privacy Protections of Genetic Testing to Life and Disability Insurance: Advances in genetic testing and the advent of commercially available testing kits, such as 23andMe and Ancestry DNA, has led to a…more

Data Management, Data Privacy, Data Protection, Florida, Personal Data

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Client Alert: DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers

?????On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”)…more

Coronavirus/COVID-19

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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

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

See all updates »

Combating Serial Bankruptcy Filings

Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to…more

Asset Seizure, Automatic Stay, Bankruptcy Code, Consumer Bankruptcy, Creditors

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Client Alert: CMS Releases Guidelines for Re-Opening Facilities to Provide Non-Emergent, Non-COVID-19 Health Care: Phase One

As some areas throughout the United States begin to see a decline in COVID-19 cases, the White House released its Guidelines for Opening Up America Again (“Guidelines”) in a three phased approach. Phase One of the Guidelines…more

CMS, Coronavirus/COVID-19, Health Care Providers

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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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Client Alert: Willfulness Not a Requirement to Disgorge Profits for Trademark Infringement

Trademark owners often have a difficult time recovering monetary damages in a trademark infringement case. Actual damages, such as lost profits, can be speculative. However, the Supreme Court may have just made it easier for…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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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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Client Alert: U.S. Department of Health and Human Services ("HHS") Delays Effective and Compliance Date for the Revised Common Rule

The Federal Policy for the Protection of Human Subjects, or the “Common Rule,” was originally published in 1991 and has been adopted and codified in separate regulations by HHS and 15 other federal departments and agencies. On…more

Clinical Trials, Comment Period, Department of Health and Human Services (HHS), Final Rules, Medical Research

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Client Alert: Practical Considerations in the Purchase and Sale of Physician Practices

The purchase and sale of a physician practice is a common transaction, especially as the trends of health care diversification and consolidation continue. While general business and legal knowledge regarding the sale of…more

Anti-Kickback Statute, Fee-Splitting, Health Care Providers, HIPAA, Hospitals

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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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Environmental Update - July 2020 (Issue 16)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's…more

Drinking Water, Energy Sector, Natural Gas, Oil & Gas

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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

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Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no poaching”…more

Antitrust Provisions, Contract Terms, DOJ, Employer Liability Issues, Employment Contract

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Client Alert: IRS Releases Guidance on Payroll Tax Deferral

On August 28, 2020, the IRS published Notice 2020-65 (the “Notice”) to provide guidance on the deferral of payroll tax withholdings, as directed by President Trump’s previously issued Executive Order. Whereas the CARES Act…more

CARES Act, Donald Trump, IRS, Popular, Tax Deferral

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Client Alert: Ohio EPA Seeks to Amend Regulations Governing Variances of Water Quality Standards for Point Sources

On July 31, 2020, Ohio EPA issued an Early Stakeholder Outreach1 for revisions to Ohio Administrative Code (“OAC”) 3745-1-38 Variances from water quality standards for point sources. Comments on this rulemaking are due August…more

Environmental Policies, EPA, Water, Water Quality, Water Supplies

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Client Alert: Extension of Employee Benefit Plan Deadlines: More Time for Plans and Plan Participants

The U.S. Department of Labor (DOL), Internal Revenue Service (IRS), and Department of Health and Human Services have issued a final rule extending a variety of deadlines that apply to group health plans and retirement plans…more

CARES Act, COBRA, Coronavirus/COVID-19, DOL, HIPAA

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

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Client Alert: Considerations for Employers for Returning to Work During COVID-19

As many businesses begin to resume their activity levels with the loosening of shelter-in-place orders, this Client Alert addresses employment-related issues clients should be mindful of, including: preparing for employees’…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases

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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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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

CDC, Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity

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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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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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Client Alert: United States Department of Labor Revises FFCRA Leave Rules

Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent…more

Coronavirus/COVID-19, Department of Labor & Industry, Families First Coronavirus Response Act (FFCRA), Federal Labor Laws, Financial Stimulus

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Client Alert: Coronavirus Amended Paid Sick Leave and Expanded FMLA Leave Signed into Law

On March 18, 2020, the President signed the Families First Coronavirus Response Act into law. The new law requires most employers with fewer than 500 employees to pro­vide expanded FMLA leave and paid sick leave for certain…more

Coronavirus/COVID-19, Covered Employer, Families First Coronavirus Response Act (FFCRA), FMLA, Paid Leave

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Client Alert: Chapter 11 Filings Surge: Winning Solutions for Suppliers in a Zero-Sum Game

According to the American Bankruptcy Institute, 3,600 companies filed Chapter 11 in the first half of 2020. Chapter 11 filings for 2020 are on pace to eclipse any year since 2012. During the same period, businesses worldwide…more

Automotive Industry, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Dairy Farmers

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Client Alert: A Business Person’s Guide to Attorneys’ Fees in Transactions, Research, and Litigation

The thought of attorney’s fees can strike fear in even the most brave and confident business person. This is because the law is one of the few fields where you may ask for services and agree to pay for them while not knowing the…more

Attorney's Fees, Client Services, Contingency Fees, Legal Fees, Litigation Fees & Costs

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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: Extension of Employee Benefit Plan Deadlines: More Time for Plans and Plan Participants

The U.S. Department of Labor (DOL), Internal Revenue Service (IRS), and Department of Health and Human Services have issued a final rule extending a variety of deadlines that apply to group health plans and retirement plans…more

CARES Act, COBRA, Coronavirus/COVID-19, DOL, HIPAA

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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

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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Client Alert: Extension of Employee Benefit Plan Deadlines: More Time for Plans and Plan Participants

The U.S. Department of Labor (DOL), Internal Revenue Service (IRS), and Department of Health and Human Services have issued a final rule extending a variety of deadlines that apply to group health plans and retirement plans…more

CARES Act, COBRA, Coronavirus/COVID-19, DOL, HIPAA

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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: The CARES Act and Suspension of Required Minimum Distributions

On March 27, 2020, President Trump signed the “Coronavirus Aid, Relief, and Economic Security Act” or the CARES Act into law. The new law consists of almost 900 pages. This Client Alert focuses on one provision of the Act…more

CARES Act, Coronavirus/COVID-19, Internal Revenue Code (IRC), Relief Measures, Tax Credits

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Client Alert: Amendments to Fair Debt Collection Practices Act and Fair Credit Reporting Act Likely with Proposed New Bill

On April 7, 2020, a new bill was introduced by Congresswoman Katie Porter (D-CA), a member of the House Financial Services Committee and a former law professor and consumer protection advocate in the House of Representatives…more

Credit Reports, Debt Collectors, Financial Institutions

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Client Alert: DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers

?????On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”)…more

Coronavirus/COVID-19

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Client Alert: OCR Prioritizes Enforcement of HIPAA Right of Access

The Office for Civil Rights ("OCR") has turned its focus on individuals' right to timely access to their health records at a reasonable cost under the HIPAA Privacy Rule. Settling eight enforcement actions this year, the OCR is…more

Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, HIPAA, HIPAA Privacy Rule

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Client Alert: Employer Considerations for Remote Workers During and After COVID-19

Many employers found themselves supporting a remote workforce during the COVID-19 pandemic as they adapted quickly to stay-at-home orders and social distancing guidelines. As employers contemplate and implement a…more

Business Continuity Plans, Coronavirus/COVID-19, Cybersecurity, Data Protection, Remote Working

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Client Alert: Coronavirus Amended Paid Sick Leave and Expanded FMLA Leave Signed into Law

On March 18, 2020, the President signed the Families First Coronavirus Response Act into law. The new law requires most employers with fewer than 500 employees to pro­vide expanded FMLA leave and paid sick leave for certain…more

Coronavirus/COVID-19, Covered Employer, Families First Coronavirus Response Act (FFCRA), FMLA, Paid Leave

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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

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

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

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

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The Estate Planner - November/December 2020

A SPA trust can improve the flexibility of your estate plan - We live in uncertain times. There’s uncertainty about the economy as well as the possibility of tax increases to address the rising federal debt. For example,…more

Beneficiaries, Child Custody, Coronavirus/COVID-19, Estate Planning, Executors

See all updates »

Client Alert: IRS Releases Guidance on Payroll Tax Deferral

On August 28, 2020, the IRS published Notice 2020-65 (the “Notice”) to provide guidance on the deferral of payroll tax withholdings, as directed by President Trump’s previously issued Executive Order. Whereas the CARES Act…more

CARES Act, Donald Trump, IRS, Popular, Tax Deferral

See all updates »

Client Alert: United States Department of Labor Revises FFCRA Leave Rules

Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent…more

Coronavirus/COVID-19, Department of Labor & Industry, Families First Coronavirus Response Act (FFCRA), Federal Labor Laws, Financial Stimulus

See all updates »

Client Alert: DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers

?????On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”)…more

Coronavirus/COVID-19

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

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Client Alert: Employment in the Age of COVID-19 – SC DHEC Issues Practical Guidance for Addressing Employee Exposure Scenarios

This week, the South Carolina Department of Health and Environmental Control (DHEC) released generalized guidance to assist employers in determining best workplace practices to address employee exposure to COVID-19. The chart…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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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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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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Client Alert: Best Practices for Exclusion Screenings

Exclusion Screening: LEIE, SAM and state exclusion lists - Despite having potentially devastating consequences, health care providers are often unsure of their obligations for exclusion screening. This uncertainty exists…more

Health Care Providers, Health Insurance, Healthcare, Hospitals, Physicians

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

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

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

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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

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"The Estate Planner" – January/February 2014

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

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

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The Estate Planner - November/December 2020

A SPA trust can improve the flexibility of your estate plan - We live in uncertain times. There’s uncertainty about the economy as well as the possibility of tax increases to address the rising federal debt. For example,…more

Beneficiaries, Child Custody, Coronavirus/COVID-19, Estate Planning, Executors

See all updates »

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)

See all updates »

Insights - Spring 2013

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

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

See all updates »

Client Alert: 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

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 »

The Federal Advisor - October 2020

Dear Friends - Negotiations over a fourth Coronavirus recovery package came to an abrupt halt earlier this week after a presidential tweet, and the hopes of another large stimulus bill, or other targeted relief, before the…more

Acts of Congress, Cannabis Products, Department of Agriculture, Healthcare, Paycheck Protection Program (PPP)

See all updates »

Insights Newsletter - December 2016

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

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

See all updates »

Client Alert: Florida 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

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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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Client Alert: Ohio General Assembly Enacts CRNA Scope of Practice Bill

As part of the legislative package providing COVID-19 interventions for the state (Am. Sub. H.B. 197), the Ohio General Assembly acted to update the Ohio Nurse Practice Act to clarify the scope of practice for Certified…more

Governor DeWine, Health Care Providers, Healthcare Facilities, Nurse Practitioners, Nurses

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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, DOJ, Drones, FLSA

See all updates »

The Federal Advisor - October 2020

Dear Friends - Negotiations over a fourth Coronavirus recovery package came to an abrupt halt earlier this week after a presidential tweet, and the hopes of another large stimulus bill, or other targeted relief, before the…more

Acts of Congress, Cannabis Products, Department of Agriculture, Healthcare, Paycheck Protection Program (PPP)

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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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, DOJ, FTC, Hart-Scott-Rodino Act, Mergers

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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

See all updates »

Insights Newsletter - Autumn 2015

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

Affordable Care Act, Cuba, DOJ, Drones, FLSA

See all updates »

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

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Client Alert: Treasury Department Provides Guidance on Obtaining Aid Under the Coronavirus Relief Fund for States and Eligible Local Governments

On April 13, 2020 the United States Department of the Treasury (“Treasury Department”) provided additional guidance on distributions under the Coronavirus Relief Fund (“Fund”) established under the Coronavirus Aid, Relief, and…more

CARES Act, Relief Measures, U.S. Treasury

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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

See all updates »

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

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

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

See all updates »

USCIS permits use of approval notices as evidence of work authorization due to COVID-19 delays

Without a doubt, COVID-19 has had a disruptive effect on almost every aspect of our lives. The extraordinary and unprecedented public health emergency COVID-19 created has caused different businesses and government agencies to…more

Coronavirus/COVID-19, Corporate Counsel, Customs and Border Protection, Employment Eligibility Verification

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Client Alert: Ohio General Assembly Enacts CRNA Scope of Practice Bill

As part of the legislative package providing COVID-19 interventions for the state (Am. Sub. H.B. 197), the Ohio General Assembly acted to update the Ohio Nurse Practice Act to clarify the scope of practice for Certified…more

Governor DeWine, Health Care Providers, Healthcare Facilities, Nurse Practitioners, Nurses

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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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“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, CFPB, Mortgages, Underwriting

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Client Alert: Florida New Legislation Report

On Monday, June 29, 2020, Governor Ron DeSantis signed the Florida state budget for Fiscal Year 2020-2021 (HB 5001 General Appropriations). The budget totals $92.2 billion, provides over $350 million in tax relief, and includes…more

Florida, Governor DeSantis, State and Local Government, State Budgets

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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

CDC, Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity

See all updates »

Key Points of the New Florida LLC Act

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

Limited Liability Company (LLC)

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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

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, 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: 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 »

Environmental Update - July 2020 (Issue 16)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's…more

Drinking Water, Energy Sector, Natural Gas, Oil & Gas

See all updates »

Environmental Update - July 2020 (Issue 16)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's…more

Drinking Water, Energy Sector, Natural Gas, Oil & Gas

See all updates »

Client Alert: Stimulus Package Overview for Education K-12

A $30 billion Education Stabilization Fund is available through September 9, 2021 to “prevent,  prepare for, and respond to coronavirus” - Formula grants for states to subgrant to Local Education Agencies (LEAs) the State…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Grants, School Districts

See all updates »

Client Alert: DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers

?????On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”)…more

Coronavirus/COVID-19

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

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Client Alert: Florida Board of Medicine Signals Some Relief for Providers from New Pelvic Exam Requirements

As we previously reported, on August 7, 2020, the Florida Board of Medicine (the “Board”) considered a petition for declaratory statement filed in response to Florida’s new pelvic exam laws. The petition sought clarification…more

Florida, Health Care Providers, Medical Examinations, Medical Malpractice, Medical Negligence

See all updates »

New Disability Claims Procedures for ERISA Plans Become Effective on April 1, 2018

After a three-month delay, the Department of Labor’s new regulations governing claims procedures for disability benefits under ERISA plans will become effective on April 1, 2018. The delay was implemented to provide an…more

Claim Procedures, Disability Benefits, DOL, Employee Benefits, ERISA

See all updates »

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

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

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

See all updates »

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, EPA, Greenhouse Gas Emissions, Oil & Gas

See all updates »

Client Alert: Will Florida’s DNA Privacy Law Start a Trend?

New Florida Law Expands Privacy Protections of Genetic Testing to Life and Disability Insurance: Advances in genetic testing and the advent of commercially available testing kits, such as 23andMe and Ancestry DNA, has led to a…more

Data Management, Data Privacy, Data Protection, Florida, Personal Data

See all updates »

Client Alert: United States Department of Labor Revises FFCRA Leave Rules

Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent…more

Coronavirus/COVID-19, Department of Labor & Industry, Families First Coronavirus Response Act (FFCRA), Federal Labor Laws, Financial Stimulus

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 »

Florida Governor Signs New E-Verify Law for Employers

Under pre-existing federal law, all employers are required to complete a Form I-9 for each newly hired employee in order to verify the identity and eligibility of that employee to work in the United States. The Form I-9 contains…more

E-Verify, Florida, Form I-9, Governor DeSantis

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Client Alert: OCR Prioritizes Enforcement of HIPAA Right of Access

The Office for Civil Rights ("OCR") has turned its focus on individuals' right to timely access to their health records at a reasonable cost under the HIPAA Privacy Rule. Settling eight enforcement actions this year, the OCR is…more

Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, HIPAA, HIPAA Privacy Rule

See all updates »

The Estate Planner - November/December 2020

A SPA trust can improve the flexibility of your estate plan - We live in uncertain times. There’s uncertainty about the economy as well as the possibility of tax increases to address the rising federal debt. For example,…more

Beneficiaries, Child Custody, Coronavirus/COVID-19, Estate Planning, Executors

See all updates »

Client Alert: DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers

?????On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”)…more

Coronavirus/COVID-19

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: 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: 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: United States Department of Labor Revises FFCRA Leave Rules

Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent…more

Coronavirus/COVID-19, Department of Labor & Industry, Families First Coronavirus Response Act (FFCRA), Federal Labor Laws, Financial Stimulus

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 »

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, EPA, Greenhouse Gas Emissions, Oil & Gas

See all updates »

The Uniform Voidable Transactions Act in a Nutshell

The UVTA reflects an update to creditors’ rights law, and serves as a reminder that as transactions become more sophisticated, creditors, too, must be vigilant in protecting their rights. As transactions continue to expand…more

Avoidable Transfer, Commercial Bankruptcy, Consumer Bankruptcy, Debtor-Creditor, Fraudulent Transfers

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, 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 »

Client Alert: North Carolina’s Phase Two Reopening Under Executive Order 141: “Restaurants” Versus “Bars” and Justified Confusion Among the Hospitality and Alcoholic Beverage Industries

This article summarizes the current status of permitted operations for hospitality businesses, with an emphasis on manufacturers and retailers of alcoholic beverages. The restrictions and interpreting guidelines may change, so…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment, Re-Opening Guidelines

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 »

The Estate Planner - November/December 2020

A SPA trust can improve the flexibility of your estate plan - We live in uncertain times. There’s uncertainty about the economy as well as the possibility of tax increases to address the rising federal debt. For example,…more

Beneficiaries, Child Custody, Coronavirus/COVID-19, Estate Planning, Executors

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, Financial Institutions, FTC

See all updates »

Client Alert: Employment in the Age of COVID-19 – SC DHEC Issues Practical Guidance for Addressing Employee Exposure Scenarios

This week, the South Carolina Department of Health and Environmental Control (DHEC) released generalized guidance to assist employers in determining best workplace practices to address employee exposure to COVID-19. The chart…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

See all updates »

Client Alert: United States Department of Labor Revises FFCRA Leave Rules

Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent…more

Coronavirus/COVID-19, Department of Labor & Industry, Families First Coronavirus Response Act (FFCRA), Federal Labor Laws, Financial Stimulus

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, 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

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Client Alert: Willfulness Not a Requirement to Disgorge Profits for Trademark Infringement

Trademark owners often have a difficult time recovering monetary damages in a trademark infringement case. Actual damages, such as lost profits, can be speculative. However, the Supreme Court may have just made it easier for…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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, DOJ, FTC, Hart-Scott-Rodino Act, Mergers

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

See all updates »

Client Alert: Will Florida’s DNA Privacy Law Start a Trend?

New Florida Law Expands Privacy Protections of Genetic Testing to Life and Disability Insurance: Advances in genetic testing and the advent of commercially available testing kits, such as 23andMe and Ancestry DNA, has led to a…more

Data Management, Data Privacy, Data Protection, Florida, Personal Data

See all updates »

Summary Judgment overturned on finding that material facts in dispute

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

Appeals, Civil Forfeiture, Genuine Issue of Material Fact

See all updates »

Client Alert: Congress Adds New Criminal Kickback Prohibition that Includes Services Covered by Private Health Plans

Against the backdrop of an unprecedented opioid epidemic claiming the lives of an estimated 130 Americans each day, Congress passed the federal Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for…more

Anti-Kickback Statute, Health Care Providers, Health Clinics, Health Insurance, Healthcare Facilities

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 »

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, Financial Institutions, FTC

See all updates »

Insights Newsletter - June 2016

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

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

See all updates »

Client Alert: United States Department of Labor Revises FFCRA Leave Rules

Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent…more

Coronavirus/COVID-19, Department of Labor & Industry, Families First Coronavirus Response Act (FFCRA), Federal Labor Laws, Financial Stimulus

See all updates »

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

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

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

See all updates »

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Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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
10 Liberty Ship Way, Suite 300
Sausalito, California 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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.