Recent Blog Posts
How to Handle OSHA Violations After a Complaint is Filed
Recently we wrote about how to handle the initial stages of an OSHA complaint. But assuming you do not want to agree to the violation, pay the fine, and of course fix whatever you were cited with—which may be a viable option, depending on the severity of the violation, and the cost of fighting… Read More »
Florida Commercial Leases and the Effect of Force Majeure Clauses in the Era of COVID-19
Our country is currently experiencing one of the most unprecedented events in modern history. Many businesses throughout the Country and the State are feeling the economic impacts as government regulations, aimed at curbing the spread of COVID-19, have made it difficult to continue normal operations, or have caused businesses to shut down indefinitely. This… Read More »
Florida’s Consultants’ Competitive Negotiation Act
When public entities hire professionals who provide engineering, architecture, surveying, mapping, and landscape architecture, a Florida law known as the Consultants’ Competitive Negotiation Act (CCNA) may come into play. Florida’s CCNA is based on a federal law known as the Brooks Act, which also provides for a specific qualification based selection process that is… Read More »
Florida’s Advice of Counsel Defense and Recent Developments
The affirmative defense of advice of counsel is a well-established defense, in some circumstances, under Florida Law. A recent development, however, expands the availability of the defense to some Bar disciplinary proceedings. In effect, the defense is used to shift liability away from the defendant for an alleged wrongful action. Generally, to state such… Read More »
Which Businesses are Booming Through the COVID-19 Pandemic?
Since the first cases of the coronavirus were discovered in the United States, the COVID-19 pandemic has wrought havoc on many businesses. Over the past several months, negative effects of business slowdowns and shutdowns have affected many South Florida businesses, including restaurants, hotels, health clubs and gyms, and retail shops, among others. Not all… Read More »
Excusable Negligence Saves the Day for Party that Conveyed a Proposal for Settlement with the Wrong Monetary Amount
A recent opinion from the Fourth District Court of Appeal clarified a party’s ability to withdraw a proposal for settlement after an opposing party accepts the proposal. Florida Rule of Civil Procedure 1.442 governs proposals for settlements and provides that a proposal for settlement, made pursuant to applicable Florida law authorizing the proposal for… Read More »
Business Interruption Claims Due to the COVID-19 Pandemic
As the COVID-19 pandemic has spread across the United States, it has created new hurdles for many businesses and industries along the way. When, whether, and how to reopen businesses is one issue that has dominated news reports over the past few months. According to a recent analysis presented in the Insurance Journal, one… Read More »
Recovery of Costs in Real Estate Litigation
As anyone who has participated in a civil lawsuit knows, civil litigation, including business litigation, can be expensive. If a case proceeds all the way from the original pleadings to trial, the parties on both sides should anticipate various costs and expenses beyond those paid or to be paid to lawyers. Some types of… Read More »
Are Florida Civil Theft Claims and Claims for Breach of Contract Mutually Exclusive?
In Florida, it is permissible to allege the crime of “Theft” as a private, civil action. Fla. Stat. § 812.014 provides for the crime and states: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily… Read More »
New Florida Law Contains Provisions for Preserving and Protecting Coastal Regions
Florida’s shoreline regions are among the crown jewels of the Sunshine State. The value of preserving these regions in order to ensure their continuing role in promoting and protecting the public health and welfare of our citizens has been clearly recognized by Florida law. For example, the Coastal Zone Protection Act of 1985 expressly… Read More »
