Doing Business in Florida Blog

Homeowners Association and Condominium Association Related Bills

February 15, 2018
Jeffrey R. Margolis  |  Condominiums, Real Estate

2018 Florida Legislative Session Update The 2018 Florida legislative session is in full swing with a number of proposed bills relating to homeowners associations and condominium association currently being considered. If passed by the legislature and signed into law by the governor, these bills will have a significant impact on operations of homeowners

Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences"

February 14, 2018
Jeffrey S. Wertman  |  Construction Litigation, Dispute Resolution

“Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine of “avoidable consequences”, also sometimes

Winning a Bid Protest before Submitting a Bid

February 11, 2018
Dawn M. Meyers  |  Government and Regulatory

Lawyers are often hired to assist clients in protesting or defending a government’s award of a public contract. By the time the lawyer comes on board, however, the bid may have already been won or lost.  Although clients often have experience in preparing responses to governmental solicitations, there are specific issues which should be considered in

The Sun Shines Down on Florida – Alluring Yet Regulated

January 24, 2018
Colin M. Roopnarine  |  Administrative Law, Government and Regulatory

The allure of Florida is undeniable. Whether it is warmer weather or new tax laws giving you the impetus to move, open businesses or have offices in the Sunshine State, it is important to understand how to navigate our highly regulated state.  The State of Florida is, for all intents and purposes, a heavily regulated state, meaning that most activities are overseen by the state government.  In order to practice a profession, sell real estate, sell securities, or operate certain businesses there is a high probability that licenses and/or permits from one or more state agencies would be required prior to operate. The “why?” is no longer important as this method of operation has been firmly entrenched in the state for many decades, despite efforts to reduce such regulation while maintaining the public health, safety and welfare of Floridians.  The functional question though is “how can/should one navigate through these regulations?”

The New Deduction for Pass-Through Entities and Sole Proprietorships

January 21, 2018
Mitchell W. Goldberg, Mark Wisniewski, and Nick Jovanovich  |  Corporate, Taxation

The new tax reform act (H.R. 1), signed into law by President Trump on December 22, 2017, added a new provision to the tax code (i.e., IRC Section 199A), for taxable years beginning after 2017 and before January 1, 2026, which allows taxpayers other than corporations to deduct 20% of their allocable share of qualified business income from pass-through

South Florida Real Estate Bubble Won't Burst in 2018 According to Berger Singerman Survey

January 17, 2018
Real Estate

After new administration’s first year in office, South Florida real estate professionals are optimistic about 2018, but not as positive as last year MIAMI, FL – Jan. 17, 2018 – With the national stock market reaching all-time highs in the past year, many real estate experts have indicated that the U.S. real estate market is bound for a bubble burst. That

Tax Court Giveth and Congress Taketh Away: Taxation of Sale of U.S. Partnership Interests by Foreign Persons and Impact on M&A Transactions

January 15, 2018
Mitchell W. Goldberg  |  Corporate, Mergers & Acquisitions, Taxation

The Tax Cuts and Jobs Act (H.R. 1) (the “Act”), signed by President Trump on December 22, 2017, implemented the most comprehensive overhall of the Internal Revenue Code of 1986, as amended (the “Code”) in decades. In particular, the Act overturned a 2017 Tax Court case, Grecian Magnesite Mining, Indus. & Shipping Co. v. Commissioner, 149 T.C.

A Statistical Lookback at 2017 for the Eleventh Circuit with a Focus on Bankruptcy Appeals in Florida

January 11, 2018
Ilyse M. Homer  |  Bankruptcy Litigation, Bankruptcy/Restructuring

Ever wonder about bankruptcy appeals; about how long a bankruptcy appeal to the Eleventh Circuit Court of Appeals will take? The answer lies in the Court’s statistical data. The Eleventh Circuit Court of Appeals was established by Congress in 1981 and has jurisdiction over federal cases originating in the southeastern states of Alabama, Florida, and

Beginning April 2, 2018, U.S. Companies May File H-1B Petitions on Behalf of Their Prospective Foreign Workers

January 3, 2018
Adriana Kostencki  |  Business Immigration, Corporate

The filing period for new H-1B petitions to be counted against the annual H-1B quota for Fiscal Year (FY) 2019 will begin on Monday, April 2, 2018. Cap-subject H-1B petitions will have an employment start date of October 1, 2018 or later. In preparation for the opening of the FY 2019 H-1B filing period, employers are strongly encouraged to begin

EEOC’s Lawsuit to Require a Trucking Company to Allow a Long-Distance Truck Driver to Have an Emotional Support Dog in His Vehicle is Headed Toward a Trial Court Decision in 2018

January 2, 2018
Frank Scruggs  |  Labor & Employment

A pretrial order that sets June 1, 2018 as the deadline for filing summary judgment motions and any challenges to the admissibility of expert witness testimony sets the stage for a court to decide the dispute between the Equal Employment Opportunity Commission (“EEOC”) and trucking company CRST International, Inc. and CRST Expedited, Inc. (“CRST”) over whether CRST (a long-distance trucking company) is obligated to allow a driver to have a service dog ride along to provide emotional support as an accommodation for the ADA-protected disability, Post-Traumatic Stress Disorder ("PTSD").

Long and Expensive Ride for Stay Violators

December 28, 2017
Lewis M. Killian Jr.  |  Bankruptcy Litigation

When a person takes an action against an individual debtor in bankruptcy in violation of the automatic stay imposed under Section 362(a) the debtor is entitled to recover damages under Section 362(k)(1) to include costs and attorneys’ fees. An issue regarding the extent of damages to be recovered has centered on whether the fees that shall be awarded are

Highlights of H.R. 1 (The “Tax Bill”), Formerly Known as the “Tax Cuts and Jobs Act,” Passed by Congress and Signed by the President

December 25, 2017
Mark Wisniewski  |  Corporate, Tax Litigation, Taxation

On December 22, 2017, the President signed into law the tax bill, an extremely broad and all-encompassing piece of tax reform legislation. the following is a brief synopsis in tabular format of select key provisions contained in the tax bill which generally go into effect on January 1, 2018:Tax Reform for Individuals TOPIC THE TAX