Doing Business in Florida Blog

First Amendment Reigns in SCOTUS Trademark Case

June 24, 2019
Geoffrey Lottenberg  |  Trademark

Federal trademark law has long since barred applicants from seeking to register “immoral” and “scandalous” trademarks. However, on Monday, the Supreme Court issued a ruling in Iancu v. Brunetti, which struck down this bar on First Amendment grounds.

Alternative Dispute Resolution For Your Hurricane Claim

June 12, 2019
Christopher B. Choquette  |  Insurance, Hurricane Insurance Claims

It has been almost two years since Hurricane Irma hit and eight months since Hurricane Michael. While some Florida policyholders are still waiting for a decision from their insurance company, the majority of claims have either been paid or denied

Understanding Commercial Policies: Not So Easy

June 10, 2019
Michael J. Higer  |  Commercial Policy

All that glitters isn’t gold when it comes to analyzing coverage with respect to a commercial claim as distinguished from a homeowner’s claim.  By that we mean, there are many subtleties, nuances and complexities to a commercial claim which make

Why Hemp?

June 9, 2019
Colin M. Roopnarine  |  Cannabis, Hemp

Up until the 2019 legislative session, Florida operated under legislation that allowed for field studies to be conducted by Florida A&M University and the University of Florida.  While those studies are ongoing, the practical application of the Farm Bill coupled with Florida House Bill 333 (and its identical companion Senate Bill 1020) will result in the rise of hemp production in Florida . . .

SCOTUS Finally Clarifies Rights of Licensees of Bankrupt Brands

May 19, 2019
Geoffrey Lottenberg and Michael J. Niles  |  Trademark, Bankruptcy

Chapter 11 Debtor, Tempnology, LLC (“Tempnology”) is feeling the heat today, May 20, 2019, as the United States Supreme Court held that Mission Product Holdings, Inc., (“Mission”), a licensee of Tempnology’s “Coolcore” products, can continue to use Tempnology’s trademarks to sell and distribute its products in the United States.

Balancing the Need for Emergency Repairs against the Risk of Destroying Evidence

May 7, 2019
Stephanie M. Chaissan  |  Construction Litigation

What do you do when the need for emergency repairs arises when commencing or complying with Chapter 558 pre-suit requirements?  For example, say you are a residential property owner and have water coming through your roof and/or skylights, along with other roof construction defects.

Employees or Contractors? A Potential Shift in Policy & Its Consequences

April 30, 2019
Marianne Curtis and Leonard K. Samuels  |  Labor & Employment

On Monday, April 29, 2019, the Labor Department issued an “opinion letter” finding that an unidentified company, with a work force that reportedly cleans residences, are contractors—not employees.

High-Tech Start-Ups Get Relief From Latest Opportunity Zone Proposed Treasury Regulations

April 17, 2019
Mark Wisniewski  |  Opportunity Zone, Taxation

Qualified Opportunity Zones (“QOZs”) are low-income population census tracts situated in urban, suburban or rural areas that have been specifically designated as QOZs by the governors of the various states and U.S. territories in which such QOZs are situated, and certified as such by the U.S. Treasury.

Data Points from Southeast Multifamily Forum

March 25, 2019
Jeffrey R. Margolis  |  Real Estate

The Southeast Multifamily Forum provided the latest market data, analytics and analysis on the Southeast Multifamily Market.  Highlights of the data points presented include the following:

Disclosure of Special Taxing Districts

March 20, 2019
Jeffrey R. Margolis  |  Taxation, Real Estate

My January 23, 2019 post explained that Miami-Dade County was considering an amendment to the Code of Miami-Dade County relating to the disclosures required by a seller of residential property located within a special taxing district. 

Legislation to Significantly Refurbish Florida’s Construction Defect Law Moving Through the Legislature

March 19, 2019
Jeffrey S. Wertman  |  Construction Litigation

Florida SB 1246 (related HB 911) seeks major changes to Florida’s construction defect law, Chapter 558, Florida Statutes, including repealing the pre-suit notice and opportunity to repair requirements (notice of claim, reasonable inspection of the property, and settlement offers) and requiring

Collaboration is Key to Successful Opportunity Zone Development in Florida

March 18, 2019
Sha`Ron James and Brian G. Rich  |  Government and Regulatory, Opportunity Zone

There is a tremendous amount of buzz around the state of Florida regarding Opportunity Zones.  No matter where you stand on the issue of the economic development zones created by President Trump’s Tax Cuts and Jobs Act of 2017, Opportunity Zones provide significant tax