Author Info for Shutts & Bowen LLP

R. Sebastian Arroyo

Employer Insights: Florida HB 7 Revisions to the Florida Civil Rights Act

On April 22, 2022, Florida Governor Ron DeSantis signed into law House Bill 7 (“HB 7”), which will become effective on July 1st of this year. HB 7 is described as “An act relating to individual freedom,” and amends several…more

Civil Rights Act, Compliance, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues

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Alamea Deedee Bitran

Remote Work Extending the Borders of Local Pay Transparency Laws

There is a growing trend of local jurisdictions enacting pay transparency laws which require employers in those jurisdictions to provide compensation information to job applicants and employees. The uptick in remote work…more

Employees, Employer Liability Issues, Job Applicants, Jurisdiction, Pay Transparency

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B. Travis Brown

Changes to GLBA Safeguards Rule Affect More Than Traditional Financial Institutes

The Gramm-Leach-Bliley Act (“GLBA”) was a bi-partisan regulation passed by Congress in 1999 in an attempt to update and modernize the financial industry. One component of the GLBA, its Safeguards Rule, requires financial…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

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Charla Burchett

SECURE 2.0 and Protecting Your Designated Beneficiaries

The Setting Every Community Up For Retirement Enhancement Act (SECURE Act) was attached to a spending bill (the Further Consolidated Appropriations Act of 2020, or FCAA) and signed into law on December 20, 2019, taking effect on…more

Beneficiaries, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Estate Planning

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Matthew Chait

Drawn-out negotiations over purchase agreement result in extensive litigation

A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase…more

Appeals, Appellate Courts, Breach of Contract, Buyers, Commercial Litigation

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Eric Christu

Minerva Surgical, Inc. v. Hologic Inc.: The Supreme Court Limits the Scope of Assignor Estoppel

Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned…more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

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J. Thomas Cookson

SEC Issues Supplemental Guidance for COVID-19 Disclosures

COVID-19 has presented unprecedented challenges for public companies, not just as to its effects on their business but also on how to provide adequate and timely disclosures. At the outset of the pandemic, the Securities and…more

CARES Act, Coronavirus/COVID-19, Disclosure, Financial Reporting, Liquidity

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Charles Costar III

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas…more

Applications, Commercial Real Estate Market, County Planning Commissions, Florida, Public Hearing

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John Dannecker

Proactive Measures that can Provide Relief to Key Players in the Construction Industry

Despite recently issued stay-at-home orders across the state of Florida, most counties are allowing construction sites to operate normally for the time being. However, as the ongoing health crisis continues to escalate, key…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders

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Elise Engle

Everything You Need to Know About Florida’s New Sixth District Court of Appeal: Changing District Boundaries, Judicial Reassignments & More

On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for seven…more

Appeals, Appellate Jurisdiction, FL Supreme Court, Florida, Governor DeSantis

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J. Morgan Foster

The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)

In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c)…more

Amended Legislation, Construction Defects, Construction Industry, Construction Project, Local Ordinance

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Meredith Freeman

Back to (Construction) Work after COVID

As the nation begins the slow road to recovery following COVID-19 and initiates a return to the workplace, the construction industry – which has proven to be one of the most resilient industries throughout the pandemic – will…more

Construction Contracts, Construction Industry, Construction Workers, Coronavirus/COVID-19, Florida

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Deborah Getzoff

Tolling and Extensions of Permits and Other Authorizations

On March 9, 2020, Governor DeSantis issued statewide Executive Emergency Order EO 20-52 for COVID-19 that expired on May 8, 2020. On May 8, the Governor issued a renewal and ratification of EO-52 in EO 114 that will expire on…more

Building Permits, Department of Environmental Protection, Emergency Orders, Executive Orders, Extensions

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Scott Glass

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas…more

Applications, Commercial Real Estate Market, County Planning Commissions, Florida, Public Hearing

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Joseph Goldstein

Bidding Smarter in Florida: Knowledge is Power – The Public Records Act

Everyone has heard the old saying “knowledge is power.” In Florida, the Public Records Act, Ch. 119, Fla. Stat., is a powerful tool that contractors should use to empower themselves in competitive bid situations. Governments…more

Appeals, Competitive Bidding, Contractors, Federal Contractors, Procurement Guidelines

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Mark Grafton

Florida's Live Local Act

The Live Local Act (SB 102) (the “Act”) amends multiple provisions of the Florida Statutes with the overarching purpose of spurring additional development of affordable housing in the State. Importantly, for qualifying…more

Affordable Housing, Florida, New Legislation, Property Tax, Real Estate Market

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Jonathan Hart

Why Many Manager Removal Provisions Are Doomed to Fail

Most business partners start their venture with the intent to own a property or operate a business until selling it for a large profit. Hopes are high and intentions are real. As in any relationship, there could be bumps in the…more

Articles of Incorporation, Business Entities, Business Formation, C-Corporation, Limited Liability Company (LLC)

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R. Alan Higbee

Arising Antitrust Issues Amid COVID-19

As the pandemic continues to upend the global marketplace, easily overlooked antitrust conditions that may be arising should be considered carefully by businesses. With the current state of the COVID-19 economy, a number of…more

Coronavirus/COVID-19, Payment Terms, Price Discrimination, Robinson-Patman Act

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Mary Ruth Houston

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses…more

Administrative Procedure Act, Arbitrary and Capricious, Competition, Employees, Employer Liability Issues

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Kurtis Hutson

New Guidelines Anticipated Following HHS’s Health Cybersecurity Concept Paper

Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently released…more

Centers for Medicare & Medicaid Services (CMS), Critical Infrastructure Sectors, Cybersecurity, Data Protection, Data Security

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Tarmo Jõeveer

Discovery Access Under 1782 and ICSID Arbitrations

Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to commercial…more

Arbitration, Bilateral Investment Treaties, Commercial Arbitration, Discovery, Dispute Resolution

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J. Cameron Katz

Returning to Work Under the New COVID-19 Standards

As businesses reopen and employees working remotely begin to return to their workplaces, employers are facing difficult questions on how to prepare their workplaces to operate in the midst of a deadly pandemic. The U.S…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, New Guidance, OSHA, Re-Opening Guidelines

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Michael Kelley

Business Continuity Planning Part 3: Emergency Action Planning

Business Continuity Planning (“BCP”) is the process of creating a system of prevention and recovery from potential interruptions and other threats to an organization. Among the key elements that make up a typical BCP are plans…more

Business Continuity Plans, Business Interruption, Business Litigation, Business Strategies, Compliance

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Laura Kelly

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas…more

Applications, Commercial Real Estate Market, County Planning Commissions, Florida, Public Hearing

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Melodie Khosrovani

Written Disclosure Requirements for Attorney Fees in Trust and Estate Administrations

House Bill 625 (2021), sponsored by Representative Clay Yarborough, R–Jacksonville, amends Sections 733.6167 and 736.1007 of the Florida Statutes to provide that if an attorney intends to charge a fee for an estate or initial…more

Attorney's Fees, Disclosure Requirements, Estate Planning, Fiduciary, Legal Representatives

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Todd Kobrin

Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies

Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s…more

Commercial Leases, Commercial Tenants, Construction Liens, Construction Project, Florida

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Taylor Koshak

Raising the Roof: The U.S. Department of Labor Announces Rule Raising Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“Department”) announced its final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which revises…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Isabella Llano

Federal Republic of Germany v. Philipp: Supreme Court Narrows the Scope of the FSIA’s Expropriation Exception to Sovereign Immunity

Last month, in Federal Republic of Germany v. Philipp, 141 S. Ct. 703 (2021), the United States Supreme Court revisited and narrowed the scope of the expropriation exception to sovereign immunity set forth in the Foreign…more

Expropriation, Federal Republic of Germany v Philipp, Foreign Policy, Foreign Sovereigns, Germany

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C. Ryan Maloney

Florida’s New Statutory Home Warranty: What Home Builders Need to Know

Florida Governor Ron DeSantis recently signed H.B. 623 into law on April 15, 2024, creating a new section 553.837, Florida Statutes, which will require builders to provide a one-year warranty for all newly constructed homes. …more

Affordable Housing, Construction Contracts, Construction Industry, Florida, Governor DeSantis

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Emily Martin

Risks & Rewards of 3D Printing in the Construction Industry

Utilizing 3D printing in both commercial and residential projects has been gaining popularity within the construction industry. While the benefits may appear endless, there are still risks to be considered before this…more

3D Printing, Construction Industry, Florida, Manufacturers, Risk Factors

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Matthew Meyer

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule. See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No…more

Appeals, Appellate Courts, FL Supreme Court, Florida, Guidance Update

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Timothy Monaghan

New Guidelines Anticipated Following HHS’s Health Cybersecurity Concept Paper

Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently released…more

Centers for Medicare & Medicaid Services (CMS), Critical Infrastructure Sectors, Cybersecurity, Data Protection, Data Security

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Harold Morlan III

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses…more

Administrative Procedure Act, Arbitrary and Capricious, Competition, Employees, Employer Liability Issues

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Daniel O'Keefe

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas…more

Applications, Commercial Real Estate Market, County Planning Commissions, Florida, Public Hearing

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Kristin Drecktrah Paz

US Discovery Related to Private International Commercial Arbitration: What Will the Supreme Court Say?

Seeking discovery in the United States in aid of a proceeding before a foreign or international tribunal is a useful and unique tool available under 28 U.S.C. § 1782. This statute provides that any “interested person” may make…more

28 U.S.C. § 1782, Appellate Courts, Commercial Arbitration, Discovery, Foreign Tribunals

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Woodrow Pollack

Minerva Surgical, Inc. v. Hologic Inc.: The Supreme Court Limits the Scope of Assignor Estoppel

Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned…more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

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Brett Renton

PFAS Liability Litigation and the Construction Industry – Act Now or Pay Later

For decades, per- and polyfluoroalkyl substances (PFAS) have been used in the production and composition of many products used daily throughout Florida and across the country. Prized for their desirable properties, PFAS…more

Construction Industry, Construction Workers, Employer Liability Issues, Enforcement Actions, Environmental Protection Agency (EPA)

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Eduardo Rodriguez

IRS Announces Tax Relief for Victims of Hurricane Ian in Florida

On September 29, 2022, the Internal Revenue Service (the “IRS”) announced certain tax relief for victims of Hurricane Ian in Florida. Following the recent disaster declaration issued by the Federal Emergency Management Agency…more

FEMA, Filing Deadlines, Florida, Hurricane Season, IRS

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Maureen Rogers

Avoiding Potential Liability Exposure as Businesses Reopen

After two months of stay-at-home orders and shutdowns due to the COVID-19 pandemic, businesses and policymakers have gradually begun to reopen the economy in phased increments. However, as the pandemic continues, businesses…more

Business Ownership, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Environmental Protection Agency (EPA), Health and Safety

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Stefan Rubin

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses…more

Administrative Procedure Act, Arbitrary and Capricious, Competition, Employees, Employer Liability Issues

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Matthew Sackel

Can a Landlord Obtain Funds Deposited by Tenant in the Court’s Registry?

A recent court case (Exclusive Motoring Worldwide, Inc. v. Soral Investments, Inc., 2022 WL 5237093 (Fla. 3d DCA 2022)) serves as a good reminder that a landlord may only be able to obtain funds deposited into the court’s…more

Eviction, Financial Distress, Landlords, Popular, Rent

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Paul Scheck

Florida Businesses Subject to Mandatory New Hire and Contractor Reporting as of Oct. 1, 2021

On June 16, 2021, Governor DeSantis signed legislation amending Fla. Stat. 409.2576, imposing revised reporting requirements of new hires, re-hires and independent contractors for businesses across the State of Florida…more

Business Ownership, Child Support, Employer Liability Issues, Florida, Governor DeSantis

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Alexander Schneider

Minerva Surgical, Inc. v. Hologic Inc.: The Supreme Court Limits the Scope of Assignor Estoppel

Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned…more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

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Melanie Senosiain

How Evolving Technology Is Disrupting the Construction Sector

Take a look at a construction site today and you may see drones flying overhead, robots working on buildings, and construction workers donning wearable technology that monitors their health and activity. Construction technology…more

Construction Contracts, Construction Industry, Emerging Technologies, Local Ordinance, State and Local Government

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Ella Shenhav

New Guidelines Anticipated Following HHS’s Health Cybersecurity Concept Paper

Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently released…more

Centers for Medicare & Medicaid Services (CMS), Critical Infrastructure Sectors, Cybersecurity, Data Protection, Data Security

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Aleksey Shtivelman

The Impact of Recent Privatization of Power Generation in Puerto Rico

Puerto Rico has struggled to maintain sustainable electric power generation for the residents of the island, and its power grid was unable to withstand Hurricane Fiona in September 2022, triggering an island-wide blackout. The…more

Electricity, Energy Sector, Natural Disasters, Power Grid, Puerto Rico

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Michael Silver

May I Inquire? The Michael Silver pLAWdcast - Episode 5 - Neil Brown (The Poynter Institute)

Episode 5 of the pLAWdcast features guest? Neil Brown?, President of The Poynter Institute. Michael discusses the history and mission of Poynter, as well as journalism training, media literacy, and the future of the news…more

Business Development, Content Marketing, Content Publishing, Content Strategy, Law Practice Management

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Gregg Strock

No Need to Panic—Attorney Fee Provisions in Florida Are Safe

Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision in…more

Attorney's Fees, Fee Awards, FL Supreme Court, Florida, Prevailing Party

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Erik Szabo

How the Governor’s Emergency Orders Will Affect Building Permits and Inspections

On March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52, which declared a state of emergency due to the coronavirus outbreak. The order allows for the tolling of certain permits and in some instances up to an…more

Building Inspectors, Building Permits, Construction Industry, Coronavirus/COVID-19, Emergency Orders

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Kyla Szubinski

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas…more

Applications, Commercial Real Estate Market, County Planning Commissions, Florida, Public Hearing

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Alexander Tachmes

Florida Senate and House Approve Amendment to Live Local Act

In 2023, the State of Florida adopted the Live Local Act (the “Act”), which seeks to incentivize the development of affordable housing by the private sector primarily by preempting local zoning laws and providing tax incentives…more

Affordable Housing, Amended Regulation, Florida, Governor DeSantis, Housing Developers

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Lauren Taylor

How to Apply for FEMA’s COVID-19 Funeral Assistance

COVID-19 is an unprecedented global pandemic that has impacted all aspects of normal life. To defray expenses for those hit the hardest by COVID-19, the Federal Emergency Management Agency (FEMA) is reimbursing funeral expenses…more

American Rescue Plan Act of 2021, Applications, Coronavirus/COVID-19, Eligibility, Estate Planning

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Jodi-Ann Tillman

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the…more

Artistic Works, Cybersquatting, Digital Assets, Fashion Industry, First Amendment

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James Timko

Post-Bankruptcy Issues for Commercial Landlords – Assumption and Rejection of Leases in Chapter 11 Cases

Consider the following - A Chapter 11 bankruptcy case is filed. The landlord now has a tenant that is in bankruptcy. This is a disaster for the commercial landlord, right? Not necessarily. It actually may be of benefit to the…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Commercial Tenants

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Derrick Valkenburg

COVID-19 Stimulus Relief and the Construction Industry

The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an overall…more

Biden Administration, Broadband, CARES Act, Clean Energy, Consolidated Appropriations Act (CAA)

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Amy Wessel

The Rules, They Are A Changin’: Recent Amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration

Several significant amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration will take effect on January 1, 2019. These amendments were outlined in three recent Florida Supreme…more

Amended Rules, Appeals, Appellate Briefs, Citations, Email

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Tala Woods

What You Need to Know About the U.S. Department of Transportation’s Build America TIFIA Loan

The U.S. Department of Transportation’s Build America Bureau recently announced its first Transportation Infrastructure Financing and Innovation Act (“TIFIA”) loan for transit-oriented development projects. Such loans support…more

Build America Investment Initiative, Department of Transportation (DOT), Infrastructure, Interest Rates, Loans

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Timothy Woodward

How to Keep the Government from Shutting Down Your Jobsite During Coronavirus: Know the Rules and Follow Them

In response to the novel coronavirus, on April 1, 2020, Governor DeSantis issued Executive Order 2020-91 (since amended by Executive Order 2020-92), which shut down all “non-essential” business activity in Florida from April 3…more

Business Closures, Construction Project, Coronavirus/COVID-19, Executive Orders, Operators of Essential Services

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Eric Yesner

Two Significant Changes Coming to Florida Courts on January 1, 2023

What began in 2019 as part of a major overhaul of the Florida court system will come to a completion on January 1, 2023, with two significant changes coming to Florida courts..…more

Appeals, Appellate Courts, Appellate Jurisdiction, Florida, Jurisdiction

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Frank Zacherl

5 Tips for Crisis Management from a Trial Attorney’s Perspective

As trial attorneys with more than 40 years of combined high-stakes litigation trial experience, we provide 5 simple tips on how to effectively manage crises through a trial lawyer’s eyes. 1) Hit the Pause Button. Because…more

Assessment, Crisis Management, Mental Health, Work Plans

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