Akerman LLP

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Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131, United States
Contact: Marlisa B. Serrano, Senior Media Relations Manager
Phone: 305.374.5600
Fax: 305.374.5095
Practice Groups
Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys
400+ Attorneys

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

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

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

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Island On The Rise

When President Barack Obama established diplomatic relations between Cuba and the United States in December 2014, many thought the early business opportunities would be in sugar, cigar, and new tourist hotels. But one of the…more

Cuba, Doing Business, OFAC, Trade Relations, Trump Administration

See all updates »

SEC Updates Guidance on Non-GAAP Financial Reporting

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

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

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Illinois Restrictive Covenants: July 2016 Update

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

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

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Employee Wellness Developments: Keeping Your Finger on the Pulse

As we alluded in our “Preparing for the Unknown: Open Enrollment 2018” blog post, employers that are finalizing their employee benefit plan designs in advance of the 2018 plan year would be well-advised to monitor the…more

AARP, ADA, Corporate Counsel, EEOC, Employee Benefits

See all updates »

Hurricane Irma: To Facilitate Storm Recovery, Governor Scott & FDEP Issue Statewide Orders, Extending Development Approvals & Suspending Range Of State Environmental Provisions

To facilitate storm response, recovery, and reconstruction efforts, before Hurricane Irma's landfall, Governor Rick Scott and the Florida Department of Environmental Protection (FDEP) issued twin emergency orders on September 4…more

Department of Environmental Protection, Executive Orders, Extensions, Governor Scott, Hurricane Irma

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

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

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

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DOJ About-Face: Supporting Class Action Waivers, Parting Ways with the NLRB

The Department of Justice (DOJ) has just switched sides in a trio of high profile arbitration cases now pending before the Supreme Court, joining with the employers to argue that the National Labor Relations Board’s (NLRB’s) ban…more

Amicus Briefs, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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SEC Proposes Rules To Modernize And Simplify Certain Disclosure Requirements In Regulation S-K And Related Rules And Forms

On October 11, 2017, the U.S. Securities & Exchange Commission (the Commission) proposed amendments to simplify and modernize the disclosure obligation of public companies in an effort to reduce costs and burdens on registrants,…more

Corporate Governance, Disclosure Requirements, EDGAR, Fixing America’s Surface Transportation Act (FAST Act), Proposed Amendments

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Episode 17: Predictable Schedules And Comp Time – The Next Wage & Hour Frontiers?

Matt welcomes colleagues Ray Berti and Becky Barrett to discuss the sudden proliferation of “Fair Workweek” laws, which are designed to ensure that workers have predictable schedules and paychecks, and “comp time” -- the concept…more

Compensatory Time Off, Employer Liability Issues, Fair Workweek, Popular, Wage and Hour

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Brazilian FCPA-Equivalent Signed Into Law

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

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

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Predictive Scheduling and the Fight for a “Fair Workweek”: What Employers Need to Know

Retailers and fast food companies in particular should be aware of the growing push for “fair workweek” legislation at the city, state, and federal levels. In just the past few years, over a dozen states and cities have…more

Employer Liability Issues, Fair Workweek, Fast-Food Industry, Food Service Workers, Local Ordinance

See all updates »

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

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

Covered Entities, Film Industry, HHS, HIPAA, Hospitals

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Reinventing The Suburbs

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s money—more…more

Baby Boomers, Millennials, Real Estate Market, Shopping Centers

See all updates »

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

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

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

See all updates »

Fashion Forward

Defying the conventional wisdom that the future of retail is all in clicks, luxury retailers are betting big on brick and mortar in upscale urban markets. Coined “high street retail,” designer brands and urban developers are…more

Fashion Branding, Fashion Design, Fashion Industry, Retail Market, Retailers

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The Impact Of Hurricanes Irma And Harvey On Snowbirds And Residency Requirements

Snowbirds need to be concerned about their residency status for income tax purposes in light of Hurricanes Harvey and Irma. Clients who retreated to New York or clients who had planned to travel from New York to Florida but…more

Domicile, Hurricane Harvey, Hurricane Irma, Income Taxes, Natural Disasters

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Risky Business: Sales Tax Case Sets The Stage For SCOTUS Showdown

It has long been the law of the land that a taxpayer must have a discernable physical presence in a state before it can be required to collect and remit sales and use taxes. The U.S. Supreme Court reaffirmed this bright-line…more

Corporate Counsel, Internet Retailers, Out-of-State Companies, Sales & Use Tax, Sales Tax

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Challenging New York City Real Property Taxes: Tentative Assessments and Initiation of the Tax Cert Process

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends to…more

Department of Finance, Property Owners, Property Tax, Tax Commissions

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

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

Corporate Management, Creditors, Lenders, Limited Liability Company (LLC), Third-Party

See all updates »

Risks And Costs Of Using PTO Buckets In A Paid Leave Statute World

With a growing number of states and cities implementing paid sick leave statutes, employers with PTO policies may be wondering whether it still makes sense to bundle different types of time off – sick, personal, and vacation –…more

Compensation & Benefits, Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave

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Disasters and the Workforce: Navigating Stormy Waters

Thousands of Florida coastal residents were ordered to evacuate last week in anticipation of Hurricane Irma, even as their employers remained open. A pizza restaurant manager made headlines when he threatened action against…more

Adverse Employment Action, Employer Liability Issues, Exempt-Employees, FMLA, Hurricane Irma

See all updates »

The Board of Pharmacy’s 40 Hour Rule is Dead! Long live the 20 Hour Rule! Community Pharmacy Ownership Rule Change Creates new Opportunities

The Florida Board of Pharmacy (BOP) recently amended the rules regarding community pharmacy hours of operation to reduce required daily operating hours from 40 to 20 hours per week. As before, the hours have to be posted and the…more

Change of Ownership, Florida, Healthcare, Permits, Pharmaceutical Industry

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IRS Expands Identity Protection Program to Cover Additional Taxpayers

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

Data Protection, IRS, Personally Identifiable Information, Tax Returns

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NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius XM…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Immigration Enforcement and Deadlines: A Pause for Disasters

U.S. Immigration and Customs Enforcement has put a hold on immigration enforcement operations in areas affected by Hurricanes Harvey and Irma. Routine non-criminal immigration enforcement operations will not be conducted at…more

Employment Authorization Documents (EAD), Employment Eligibility Verification, Fee Waivers, Foreign Nationals, Green Cards

See all updates »

Should Background Checks Be On Your New Employee Checklist?

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

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

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BMI Redux: BMI Seeks To Move To “Clarify” The DOJ Position On Partial Licenses

As we have previously blogged, the Department of Justice (“DOJ”) rejected proposed modifications to the existing Broadcast Music, Inc. (“BMI”) and American Society of Composers, Authors and Publishers (“ASCAP”) consent decrees…more

Antitrust Division, ASCAP, BMI, Consent Decrees, DOJ

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Managing Employee Interactions in the Wake of the Trump Election

You may have been able to keep politics away from the annual Thanksgiving gathering of relatives with diverging viewpoints, but the workplace requires daily interaction. What’s an employer to do with emotions still running high…more

Anti-Harassment Policies, Employee Training, Employment Discrimination, Harassment, Policies and Procedures

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The Florida Springs and Aquifer Protection Act

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

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

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Ambitious Tax Reform Takes Center Stage

The Trump Administration and certain members of Congress recently released an ambitious, conceptual plan for tax reform that would drastically alter current U.S. tax law, affecting a wide array of taxpayers. The plan (called the…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Foreign Earned Income, Income Taxes

See all updates »

Lake County, Florida Impact Fees to Increase

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

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

See all updates »

Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance

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

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

See all updates »

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

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

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

See all updates »

2014 Foreign Financial Account Reporting Requirements

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

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

See all updates »

Ambitious Tax Reform Takes Center Stage

The Trump Administration and certain members of Congress recently released an ambitious, conceptual plan for tax reform that would drastically alter current U.S. tax law, affecting a wide array of taxpayers. The plan (called the…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Foreign Earned Income, Income Taxes

See all updates »

The Treating Physician: Entitled to Expert Witness Fees at Trial?

When is a treating physician considered an expert witness and therefore entitled to expert witness fees when he testifies at trial? Apparently, the Florida District Courts of Appeal have formulated the typical lawyer response –…more

Admissibility, Evidence, Expert Witness, Legal Fees, Physicians

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The New Interview Taboo: Salary History Inquiries

Inquiries employers may make concerning job applicants have been under close scrutiny. Many states and cities already limit an employer’s ability to use or inquire about an applicant’s credit or criminal history. Now add salary…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

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April Showers Bring More HIPAA Settlements

April proved to be a busy month for the U.S. Department of Health and Human Services Office for Civil Rights (OCR) under its newly appointed director, Roger Severino. OCR announced three settlements of potential HIPAA violations…more

EHealth, Electronic Protected Health Information (ePHI), FQHC, Hackers, Health Care Providers

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

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

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

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

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

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

See all updates »

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

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

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

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Potential Implications to the ACA Under the Incoming Republican Administration – Part IV: Pharmacies

The Affordable Care Act (ACA), as a whole, did not have a significant impact on pharmacy services per se. However, a complete repeal would likely impact certain areas of pharmacy services including the drug benefit for the…more

Affordable Care Act, Drug Pricing, Health Care Providers, Health Insurance, Healthcare

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2016 Environmental Legislation Makes Needed Improvements to Environmental Cleanup Programs

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

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

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Bipartisan Budget Act of 2015 Introduces New Partnership IRS Audit Rules

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

Audits, Bipartisan Budget, IRS, Limited Liability Company (LLC), Partnerships

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Zika and the Workplace: What Employers Must Know

With 413 Zika virus cases confirmed in 34 of Florida’s 67 counties as of August 15, it’s clear that it is spreading. Employers should take steps now to prepare for the impact. The virus can implicate several workplace…more

ADA, CDC, FMLA, Infectious Diseases, OSHA

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EEO-1 Pay Data Collection Form Nixed for Now

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed it…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

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FLSA: Changes Continue to Affect Employers

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

Compensation Standards, Compliance, DOL, Florida, FLSA

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Gender Identity Discrimination – Prohibited or Not?

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an…more

Civil Rights Act, DOJ, EEOC, Gender Discrimination, Gender Identity

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Marijuana Tipping Point: California and Florida Open Opportunities With Passage of New Laws

Tuesday's election will be viewed as a turning point in the emergence of new economies centered around marijuana. Ballot initiatives around the country resulted in important changes in eight states. Four states legalized adult…more

Compassionate Use Act, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Reinventing The Suburbs

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s money—more…more

Baby Boomers, Millennials, Real Estate Market, Shopping Centers

See all updates »

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

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

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

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

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

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

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Tax Reform Guts Executive Compensation Benefits

On November 2, 2017, United States Representative Kevin Brady (R-TX), Chairman of the Ways and Means Committee, introduced the Tax Cuts and Jobs Act (the Act), the Trump Administration’s much-heralded tax reform effort. In…more

Corporate Taxes, Deferred Compensation, Executive Compensation, Internal Revenue Code (IRC), Section 409A

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

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

Equity Markets, Investors, OTC

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Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade County…more

Housing Developers, Land Developers, Local Ordinance, Urban Planning & Development

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New Ruling Limits "Forum Shopping" In Mass Action Cases And Has Potentially Significant Implications For Class Actions

On June 19, 2017, the United States Supreme Court issued the latest in a line of decisions that began in 2011 which has restricted the exercise of personal jurisdiction over corporate defendants by state and federal courts. In…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Forum Shopping, Personal Jurisdiction, SCOTUS

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Island On The Rise

When President Barack Obama established diplomatic relations between Cuba and the United States in December 2014, many thought the early business opportunities would be in sugar, cigar, and new tourist hotels. But one of the…more

Cuba, Doing Business, OFAC, Trade Relations, Trump Administration

See all updates »

Lenders are Required to Investigate Suspicious Loan Transactions

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

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

See all updates »

Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

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

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

See all updates »

Florida Supreme Court: Referral Sources Can Be Protected By A Non-Compete

Big news for home health agencies and others whose business comes from referral sources: the Florida Supreme Court just held that referral sources are the kind of protectable business interest that will support a non-compete…more

FL Supreme Court, Home Health Care, Home Healthcare Workers, Job Referrals, Non-Compete Agreements

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Green Rush: The Commerce of Cannabis Enters the Warehouse and New Retail Space

As the risk of disintermediation by e-commerce continues to grow, cultural tastes and their corresponding sumptuary laws change to enable the emergence of an entirely new sector for a product that 60 percent of Americans,…more

Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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

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

Corporate Management, Creditors, Lenders, Limited Liability Company (LLC), Third-Party

See all updates »

Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

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

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

See all updates »

The e-Workplace: Balancing Employer and Employee Rights

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

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

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

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

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

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

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

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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

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

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

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Florida Nursing Home Deaths Have Ripple Effects for Facilities Statewide

Hurricane Irma’s wrath knocked out power to much of Florida. At one South Florida senior rehabilitation center left in the dark, the generator was not powerful enough to sustain the air conditioning system, and a portable…more

Assisted Living Facility, Disaster Preparedness, Elder Care, Emergency Management Plans, Florida

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

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

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

See all updates »

Mandatory Margin Posting Regulations Coming Soon for Uncleared Swaps

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

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

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Potential Implications to the ACA Under the Incoming Republican Administration – Part III: Hospitals

President Trump has been clear in his intention to repeal the ACA. In fact, among President Trump’s first executive orders was one seeking to “minimize the economic burden” associated with the Patient Protection and Affordable…more

Affordable Care Act, American Hospital Association, EHR, Employee Benefits, Employer Mandates

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California Supreme Court Affirms Transfer Tax On Entity Control Change

California allows cities and counties to impose a tax on certain real estate transfers at a rate of 1.1 percent of the sales price. Los Angeles County enacted an ordinance to impose the tax on transfers within the county…more

Real Estate Market, Real Estate Transfers, Realty Transfer Taxes, Transfer Taxes

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

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

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

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FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in Florida

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for public…more

Department of Environmental Protection, Florida, Pollution Control, Public Notice

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

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

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

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

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

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

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Condominium Termination Statute Amendment

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

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

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Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade County…more

Housing Developers, Land Developers, Local Ordinance, Urban Planning & Development

See all updates »

Lake County, Florida Impact Fees to Increase

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

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

See all updates »

Global Ransomware Attack Makes Healthcare Organizations Wanna Cry

As has been widely reported, on May 12, 2017, organizations around the world, including Britain’s National Health Service, found their data held hostage by actors using a new variant of ransomware called WannaCry. According to…more

Cyber Attacks, Cyber Crimes, Data Breach, Email, Hackers

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Securities and Exchange Commission Proposes Rules on Crowdfunding

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

Crowdfunding, JOBS Act, SEC, Startups, Title III

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New Emergency Declarations Allow Extension of Development Approvals; Notification Deadline for Tropical Storm Emily Extensions Moved Up

Section 252.363, Florida Statutes, allows certain permits and authorizations to be tolled and extended due to a state of emergency, if the permit holder files a particular notice with the agency or government which issued the…more

Executive Orders, Extensions, Florida, Governor Scott, Hurricane Season

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Protecting High-Net-Worth Individuals from Fraud

With new fraudulent schemes devised and perpetrated against individuals and businesses on a daily basis, the Association of Certified Fraud Examiners created International Fraud Awareness Week, running from November 13-19, 2016,…more

Fraud, Investment, Investors, Securities Fraud, Social Networks

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New Emergency Declarations Allow Extension of Development Approvals; Notification Deadline for Tropical Storm Emily Extensions Moved Up

Section 252.363, Florida Statutes, allows certain permits and authorizations to be tolled and extended due to a state of emergency, if the permit holder files a particular notice with the agency or government which issued the…more

Executive Orders, Extensions, Florida, Governor Scott, Hurricane Season

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SEC Proposes Rules To Modernize And Simplify Certain Disclosure Requirements In Regulation S-K And Related Rules And Forms

On October 11, 2017, the U.S. Securities & Exchange Commission (the Commission) proposed amendments to simplify and modernize the disclosure obligation of public companies in an effort to reduce costs and burdens on registrants,…more

Corporate Governance, Disclosure Requirements, EDGAR, Fixing America’s Surface Transportation Act (FAST Act), Proposed Amendments

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

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

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

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Are Recommendations of the White House Task Force on Behavioral Health Parity Trumped by the Election?

Recently the White House Behavioral Health Parity Task Force issued guidance on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (Parity Law). The Task Force could not have known, though, that…more

CHIP, Health Care Providers, Healthcare, HHS, MCOs

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Fashion Forward

Defying the conventional wisdom that the future of retail is all in clicks, luxury retailers are betting big on brick and mortar in upscale urban markets. Coined “high street retail,” designer brands and urban developers are…more

Fashion Branding, Fashion Design, Fashion Industry, Retail Market, Retailers

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Deadline Extension to Elect Portability of Unused Estate Tax Exemption

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

Deadlines, Estate Tax, Estate-Tax Exemption, IRS

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

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

Conflicts of Interest, SEC, Strategic Enforcement Plan

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

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

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

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Time Sensitive Updates for Employer-Sponsored Retirement Plans

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

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

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FCC Settles Data Breach Investigation with Cox Communications

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

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

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

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

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

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Just A Tip: DOL One Step Closer To Rescinding Tip Pooling Regulation

Good news for restaurant employers: the regulation that says tips belong to the employee – regardless of whether the employer takes the tip credit or pays the full minimum wage — may soon be history. Last week, the Department of…more

Deregulation, DOL, Employer Liability Issues, FLSA, Food Service Workers

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

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

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

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

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

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

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Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive…more

Employer Liability Issues, Employment Discrimination, First Amendment, Free Speech, Off-Duty Employees

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Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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Hurricane Irma: To Facilitate Storm Recovery, Governor Scott & FDEP Issue Statewide Orders, Extending Development Approvals & Suspending Range Of State Environmental Provisions

To facilitate storm response, recovery, and reconstruction efforts, before Hurricane Irma's landfall, Governor Rick Scott and the Florida Department of Environmental Protection (FDEP) issued twin emergency orders on September 4…more

Department of Environmental Protection, Executive Orders, Extensions, Governor Scott, Hurricane Irma

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

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

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

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

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

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

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Mandatory Flu Vaccination Policies: Time for a Check-Up

After a measles outbreak at Disneyland spread to 134 Californians and residents in six other states and two other countries, California adopted a law removing “personal belief” exemptions from vaccinating children in public or…more

Civil Rights Act, EEOC, Flu Shot Rule, Healthcare Workers, Long Term Care Facilities

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Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the…more

Copyright, Copyright Infringement, Copyright Registration, Intellectual Property Protection, Registration Requirement

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Marijuana Tipping Point: California and Florida Open Opportunities With Passage of New Laws

Tuesday's election will be viewed as a turning point in the emergence of new economies centered around marijuana. Ballot initiatives around the country resulted in important changes in eight states. Four states legalized adult…more

Compassionate Use Act, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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

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

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

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

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

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Green Rush: The Commerce of Cannabis Enters the Warehouse and New Retail Space

As the risk of disintermediation by e-commerce continues to grow, cultural tastes and their corresponding sumptuary laws change to enable the emergence of an entirely new sector for a product that 60 percent of Americans,…more

Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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

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

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

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

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

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

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What does the Escobar Decision Mean for Healthcare Providers?

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

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

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Island On The Rise

When President Barack Obama established diplomatic relations between Cuba and the United States in December 2014, many thought the early business opportunities would be in sugar, cigar, and new tourist hotels. But one of the…more

Cuba, Doing Business, OFAC, Trade Relations, Trump Administration

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Medicare Fraud Strike Force Strikes Again – in a Big Way

The Medicare Fraud Strike Force initiated its largest ever healthcare enforcement action, charging 412 defendants in July 2017 with approximately $1.3 billion in fraudulent claims. The Strike Force consists of teams that include…more

False Billing, False Claims Act (FCA), Health Care Providers, Healthcare Facilities, Healthcare Fraud

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

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

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

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U.S. Announces Goods and Services Eligible for Import

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

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

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Get your Single IRB lined up for Multi-Site Research

Changes to the federal regulations governing the protection of human subjects participating in research (known as the Common Rule) were amended earlier this year. The changes to the Common Rule impact research conducted,…more

Clinical Trials, IRB, Medical Research, NIH, Regulatory Oversight

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

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

Conflicts of Interest, SEC, Strategic Enforcement Plan

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The New Salary Regulations: The Saga Continues

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

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

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

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Lenders are Required to Investigate Suspicious Loan Transactions

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

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

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Potential Implications to the ACA Under the Incoming Republican Administration – Part IV: Pharmacies

The Affordable Care Act (ACA), as a whole, did not have a significant impact on pharmacy services per se. However, a complete repeal would likely impact certain areas of pharmacy services including the drug benefit for the…more

Affordable Care Act, Drug Pricing, Health Care Providers, Health Insurance, Healthcare

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Chicago And Cook County Now Require Paid Sick Leave For Employees

The City of Chicago and Cook County, Illinois have both jumped on the paid-leave bandwagon, joining a growing list of cities, counties and states requiring private employers to provide paid sick leave to its employees. With no…more

Employer Liability Issues, Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave

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Florida Doubles Brownfield Cleanup And Redevelopment Tax Credits & Adds Innovative Tools For Site Cleanups

Innovative Florida environmental site cleanup and Brownfield programs received a boost as the 2017 regular session of the Florida Legislature concluded. Yesterday, Governor Scott signed into law a measure designed to add…more

Brownfield Properties, Florida, Income Taxes, State and Local Government, Tax Credits

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It's Official! Inquiring About Salary History Is Now Off-Limits In NYC

New York City joins a handful of jurisdictions nationally to prohibit employers from inquiring into an applicant's salary history as part of an effort to curtail pay disparity on the basis of gender. On May 4, 2017, Mayor Bill…more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

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Medical Marijuana – Latest Draft Regulations

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

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared

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

Excise Tax, FDA, FDCA, Imports, IRS

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

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

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

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Employee Wellness Developments: Keeping Your Finger on the Pulse

As we alluded in our “Preparing for the Unknown: Open Enrollment 2018” blog post, employers that are finalizing their employee benefit plan designs in advance of the 2018 plan year would be well-advised to monitor the…more

AARP, ADA, Corporate Counsel, EEOC, Employee Benefits

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Episode 22: Social Impact Programs: Why Purpose Makes a Difference

Matt welcomes Leigh Ollman, Director of AkermanX. Leigh drives the firm’s innovation initiatives with a special focus on R&D and social impact. In this episode, Leigh and Matt discuss how to build successful corporate…more

Charitable Organizations, Corporate Governance, Corporate Social Responsibility, Research and Development, Stakeholder Engagement

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Challenging New York City Real Property Taxes: Tentative Assessments and Initiation of the Tax Cert Process

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends to…more

Department of Finance, Property Owners, Property Tax, Tax Commissions

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

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

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

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SEC Proposes Pay Ratio Rules

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

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

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

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

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

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Higher Costs for Highly Skilled Foreign Workers in Store for Employers?

Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy…more

Buy America, Corporate Counsel, Domestic Hiring Policy, Executive Orders, Foreign Workers

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

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

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

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Issues and Analysis of the State’s Medicaid Managed Assistance ITN

The recently released Invitations to Negotiate (ITN) for Florida’s Statewide Medicaid Managed Care program (SMMC) parallels in large part the State’s initial procurements that were released in 2012 and 2013. Where the current…more

Florida, Health Insurance, Healthcare Reform, Long Term Care Insurance, MCOs

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The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on…more

Antitrust Provisions, Copyright, DOJ, FTC, Licensing Rules

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EB-5 Legislative Update

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

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

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Florida Homestead Exemption Audits Are Big Business

Florida Property Appraisers, primarily in the populated coastal counties, are combing the nation for taxpayers availing themselves of any other resident related benefit in addition to their Florida Homestead Exemption. The…more

Appraisal, Florida, Homestead Exemption, Property Owners, Property Tax

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

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

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

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

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

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

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

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

Charitable Donations, Charitable Organizations, Fundraisers, Non-Profits

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Employee Visa Delays In Store for Employers

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly available…more

DOL, H-1B, USCIS, Visas

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

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

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

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Will The NLRB’s Protection of Unacceptable Conduct Last?

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting…more

ALJ, Corporate Counsel, Gross Misconduct, Harassment, Hiring & Firing

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Episode 26: Talking Tax Reform and Executive Comp

Don’t let the episode title scare you away! Matt welcomes colleague Leanne Reagan to discuss how the House’s proposed tax reform bill impacts compensation arrangements and how, if passed into law, it could completely…more

401k, Capital Gains, Carried Interest, Compensation Agreements, Corporate Bonuses

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

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

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

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

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

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

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Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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Medical Marijuana – Latest Draft Regulations

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

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Condominium Termination Statute Amendment

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

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

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Condominium Hotel Units: On the Benefits of Being a Security

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

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

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A New International Option: The "Emergency Arbitrator"

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

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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CMS Postpones Pre-Claim Review Demonstration for Home Health Services

The Centers for Medicare & Medicaid Services (CMS) announced that it would postpone the initiation of the CMS Pre-Claim Review Demonstration for Home Health Services (the “Demonstration”) in Florida, which was scheduled to begin…more

CMS, Health Care Providers, Healthcare, Home Health Care, Home Healthcare Workers

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IRS Changes Position on Non-Taxable IRA Rollover Contributions

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

IRA, IRA Rollovers, Non-Taxable Income

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Florida Nursing Home Deaths Have Ripple Effects for Facilities Statewide

Hurricane Irma’s wrath knocked out power to much of Florida. At one South Florida senior rehabilitation center left in the dark, the generator was not powerful enough to sustain the air conditioning system, and a portable…more

Assisted Living Facility, Disaster Preparedness, Elder Care, Emergency Management Plans, Florida

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SEC Updates Guidance on Non-GAAP Financial Reporting

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

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

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

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

Appeals, Discovery, FL Supreme Court, Healthcare, Hospitals

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Extension Of Four Valuable As-of-Right Incentive Programs Included In New York State's Omnibus Bill

The State's new omnibus bill renewed and extended programs that abate real estate taxes, city corporate taxes, and sales taxes, and provide energy discounts to qualified applicants. Developers and businesses with new…more

Economic Development, Real Estate Market, Sales Tax, State and Local Government, State Taxes

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

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

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

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TTAB Seals Fate of Trade Dress Claims for Design Covered By Utility Patent

It is natural for manufacturers to seek to widen their intellectual property protection. In the seminal case TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 US 23 (2001), the Supreme Court struck down the plaintiff’s…more

Intellectual Property Protection, Manufacturers, Patent Infringement, Patent Litigation, Patents

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

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

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

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SEC Proposes Rules To Modernize And Simplify Certain Disclosure Requirements In Regulation S-K And Related Rules And Forms

On October 11, 2017, the U.S. Securities & Exchange Commission (the Commission) proposed amendments to simplify and modernize the disclosure obligation of public companies in an effort to reduce costs and burdens on registrants,…more

Corporate Governance, Disclosure Requirements, EDGAR, Fixing America’s Surface Transportation Act (FAST Act), Proposed Amendments

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TTAB Seals Fate of Trade Dress Claims for Design Covered By Utility Patent

It is natural for manufacturers to seek to widen their intellectual property protection. In the seminal case TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 US 23 (2001), the Supreme Court struck down the plaintiff’s…more

Intellectual Property Protection, Manufacturers, Patent Infringement, Patent Litigation, Patents

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Tax Reform Guts Executive Compensation Benefits

On November 2, 2017, United States Representative Kevin Brady (R-TX), Chairman of the Ways and Means Committee, introduced the Tax Cuts and Jobs Act (the Act), the Trump Administration’s much-heralded tax reform effort. In…more

Corporate Taxes, Deferred Compensation, Executive Compensation, Internal Revenue Code (IRC), Section 409A

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2013 Property Tax Assessment Notices Mailed This Month

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

Appraisal, Valuation

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Green Rush: The Commerce of Cannabis Enters the Warehouse and New Retail Space

As the risk of disintermediation by e-commerce continues to grow, cultural tastes and their corresponding sumptuary laws change to enable the emergence of an entirely new sector for a product that 60 percent of Americans,…more

Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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Florida Legislature Updates And Modernizes Florida's Fictitious Name Act

Florida Statute §865.09, known as the "Fictitious Name Act," requires any person or entity doing business in Florida under a name other than the person's legal name to register the alternate name, or "fictitious name", with the…more

Ficticious Business Name, Florida, Registration Requirement, State and Local Government, State Legislatures

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Florida Legislature Updates And Modernizes Florida's Fictitious Name Act

Florida Statute §865.09, known as the "Fictitious Name Act," requires any person or entity doing business in Florida under a name other than the person's legal name to register the alternate name, or "fictitious name", with the…more

Ficticious Business Name, Florida, Registration Requirement, State and Local Government, State Legislatures

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

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

Equity Markets, Investors, OTC

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New Option to Appeal Arbitration Awards Within The Arbitration Process

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

Appeals, Arbitration, Arbitration Awards

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Securities and Exchange Commission Proposes Rules on Crowdfunding

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

Crowdfunding, JOBS Act, SEC, Startups, Title III

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FTC Acts Against Warner Bros.' YouTube Promotion Campaign

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

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

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The New Salary Regulations: The Saga Continues

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

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Senate Healthcare Bill Released for Public Review

Just over four weeks after the Congressional Budget Office (CBO) released its score of the American Healthcare Act (AHCA), the bill passed by a narrow margin in the U.S. House of Representatives, the U.S. Senate released ‘The…more

Abortion, Affordable Care Act, American Health Care Act (AHCA), Employer Mandates, Health Insurance

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Florida Doubles Brownfield Cleanup And Redevelopment Tax Credits & Adds Innovative Tools For Site Cleanups

Innovative Florida environmental site cleanup and Brownfield programs received a boost as the 2017 regular session of the Florida Legislature concluded. Yesterday, Governor Scott signed into law a measure designed to add…more

Brownfield Properties, Florida, Income Taxes, State and Local Government, Tax Credits

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

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

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

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Employment Law Trends for 2015

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

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

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Potential Implications to the ACA Under the Incoming Republican Administration – Part IV: Pharmacies

The Affordable Care Act (ACA), as a whole, did not have a significant impact on pharmacy services per se. However, a complete repeal would likely impact certain areas of pharmacy services including the drug benefit for the…more

Affordable Care Act, Drug Pricing, Health Care Providers, Health Insurance, Healthcare

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

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

Healthcare, Telemedicine

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Hospitals Take Heed: Gradual Evolution of the IRS’ Position on Tax Exemption

There has been much fanfare, but little discussion, among healthcare experts in the United States regarding the Internal Revenue Service recently published PLR 201731014. The Letter Ruling provides a good opportunity to review…more

Charitable Organizations, Form 990, Health Care Providers, Healthcare Facilities, Hospitals

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

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

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

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

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

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

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Episode 28: Universal Basic Income – Not as Far Off as You May Think

Matt Steinberg welcomes Hawaii State Representative, Chris Lee, who helped pass the first state law in support of universal basic income (“UBI”). Whether you are for or against it, the concept of UBI is straightforward – it is…more

DOL, Financial Stimulus, Low-Income Issues, New Legislation, UBI

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Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

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

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

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Major Retailers' Deceptive Pricing - What Merchants Need to Know

Last Friday, the Los Angeles City attorney's office brought suit against four major retailers alleging that the retailers were offering discounts on products that never sold at the advertised retail price. These types of cases…more

Merchants, Pricing, Retail Market, Retailers

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

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

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

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Protecting High-Net-Worth Individuals from Fraud

With new fraudulent schemes devised and perpetrated against individuals and businesses on a daily basis, the Association of Certified Fraud Examiners created International Fraud Awareness Week, running from November 13-19, 2016,…more

Fraud, Investment, Investors, Securities Fraud, Social Networks

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

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

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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

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

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

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Water as a Highway: Back to the Future

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

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

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

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

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

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Extension Of Four Valuable As-of-Right Incentive Programs Included In New York State's Omnibus Bill

The State's new omnibus bill renewed and extended programs that abate real estate taxes, city corporate taxes, and sales taxes, and provide energy discounts to qualified applicants. Developers and businesses with new…more

Economic Development, Real Estate Market, Sales Tax, State and Local Government, State Taxes

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

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

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

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SEC Proposes Pay Ratio Rules

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

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

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Disabled Access: A Chance to Fix Your Premises Before Being Sued?

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public…more

Accessibility Rules, ADA, Commercial Real Estate Market, Disability Access Claims, Disability Discrimination

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New York State Enforces Data Breach Notification Law

Earlier this month, New York Attorney General Eric Schneiderman announced his state had entered into a settlement with CoPilot Provider Support Services, Inc. (CoPilot)—a settlement resulting from CoPilot’s violation of the data…more

Breach Notification Rule, Data Breach, Health Care Providers, HIPAA, HIPAA Breach

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DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters. Opinion…more

Administrative Interpretation, Collective Bargaining, Employee Definition, FLSA, Independent Contractors

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Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade County…more

Housing Developers, Land Developers, Local Ordinance, Urban Planning & Development

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

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

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

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Effective Management of Employee Medical Issues in 2015

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

ADA, Compliance, EEOC, FMLA, NPRM

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Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

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

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

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

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

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