Board of Contributors

Push for Financial Deregulation May Help Real Estate Professionals, Clients

By Commentary by Richard L. Barbara |

Some Dodd-Frank consumer protections that delay real estate closings should go away, writes attorney Richard L. Barbara.

Why Every Business Should Have a Document Retention-Destruction Policy

By Commentary by Zachary N. James |

A written policy on document preservation and destruction is likely to save time and money in the long run, writes attorney Zachary N. James.

Erica Rutner, left, and Lara Bach, right.

The Equivocal Effects of Florida Supreme Court's Unequivocal Rejection of Daubert

By Commentary by Erica W. Rutner and Lara Bach |

A Florida Supreme Court decision on a rule change for expert testimony leaves the underlying constitutional question unresolved, write attorneys Erica W. Rutner and Lara Bach.

Hold Your Horse and Carriage: Daubert Hasn't Gone Anywhere Yet

By Commentary by Armando G. Hernandez |

A Florida Supreme Court review of a 2013 law adopting the federal Daubert standard for expert witnesses in state court leaves many questions unanswered, writes attorney Armando G. Hernandez.

Dan Small, left, and Michael Hantman, right.

No Small Feat: Preparing the Professional to Testify

By Commentary by Dan Small and Michael E. Hantman |

Attorneys who call professionals as trial witnesses need to make sure they speak in plain English, avoid picking fights and don't patronize, write attorneys Dan Small and Michael E. Hantman.

Facing Declining GC Budgets, Law Firms Need to Invest in Relationships, Marketing

By Commentary by Don Silver |

Tighter corporate budgets put more focus on law firm relationships with in-house counsel, writes marketing executive Don Silver.

Association Deficits Don't Excuse Developer From Funding HOA Reserves

By Commentary by Michael L. Hyman |

A ruling by a state appeals court could leave a developer on the hook for nearly $1 million in unpaid homeowner association reserves, writes attorney Michael L. Hyman.

Charles M. Tatelbaum.

Lawyer Up: Bankruptcy Sales of Businesses Can Strip Away Rights

By Commentary by Charles M. Tatelbaum |

With the growing frequency of retail failures, business executives should take immediate action to protect their rights in bankruptcy, writes attorneys Charles M. Tatelbaum.

The Road Less Traveled — Florida's Medicinal Marijuana Journey

By Commentary by Colin M. Roopnarine |

The state Department of Health has started the process of writing regulations for legalized medical marijuana in Florida, writes attorney Colin M. Roopnarine.

Oren Tasini of Haile Shaw & Pfaffenberger

Madoff Trustee Overstepped Authority, Properly Reined In by Court

By Commentary by Oren Tasini |

A decision hinging on jurisdiction rightfully curbed the bankruptcy trustee's power on old claims, writes attorney Oren Tasini, who represented some Madoff investors.

Rulings Clarify Application of Safe Harbor Caps on Association Dues

By Commentary by Michael Toback |

Two appellate rulings help clarify questions of whether a foreclosing lender, assignee or servicer qualifies for the safe harbor liability caps, writes attorney Michael Toback.

Watch for Danger on the Fringes of Federal Conspiracy Law

By Commentary by Alexander Strassman |

Idle chatter isn't cheap if its meets the definition of federal conspiracy law, writes attorney Alexander Strassman.

Flirting With Disaster: Today's Office Fling May Be Tomorrow's Court Filing

By Commentary by Candice Pinares-Baez |

Employers should set policies to address inevitable workplace romances, writes attorney Candice Pinares-Baez.

Florida Supreme Court Favors Patients in Hospital Records Dispute

By Commentary by Linda A. Alley |

The court rejects federal preemption as a way to avoid disclosure of adverse medical incidents under the state patients' right to know constitutional amendment, writes attorney Linda A. Alley.

Gorsuch is No Conservative Lapdog on Employment Front

By Commentary by Charles Caulkins |

Viewed through the lens of his labor and employment cases, Supreme Court nominee Niel Gorsuch shows moderation and logic.

Dan Small, left, and Michael Hantman, right.

Before You Ask the Expert, Prepare the Expert Witness

By Commentary by Dan Small and Michael E. Hantman |

When bringing in expert witnesses, preparation and guidance should lead the way, write attorneys Dan Small and Michael E. Hantman.

Gorsuch is No Conservative Lapdog on Employment Front

By Commentary by Charles Caulkins |

Viewed through the lens of his labor and employment cases, Supreme Court nominee Niel Gorsuch shows moderation and logic.

Getting Clients — And Keeping Them — Through Pre-Suit Mediation

By Commentary by Oscar Sanchez |

With clients demanding more value for their money, pre-suit mediation should be on the table whenever litigation is contemplated, writes attorney and mediatorOscar A. Sanchez.

Litigation Prep: Be Prepared for Your Next Trial

By Commentary by Eric Rosen |

Take a few steps before the first day of trial to make life in the courtroom go a little easier, writes attorney Eric Rosen.

Is 'Indisputable Visual Evidence' the Best Standard for NFL Review?

By Commentary by Stephen Maher |

In the world of appeals, attorney Stephen Maher suggests the NFL should switch to de novo review on challenged plays.

Winning Formula: 10 Things to Know About E-Discovery

By Commentary by Robert R. Jimenez |

Attorney Robert R. Jimenez offers 10 tips for pursuing and using e-discovery.

The Importance of Legal Proofreaders in Foreign Translations

By Commentary by Marcela Arbelaez |

The process of translating legal documents should end with proofreading to ensure accuracy, writes translator Marcela Arbelaez.

Avenue for Fraud: Identity Theft and the Single-Asset LLC

By Commentary by Richard Petrovich |

Crooks are targeting single-asset limited liability companies that own real estate as an easy target for mortgage fraud, writes attorney Richard Petrovich.

Ruling Reinforces Need to Abide by Contracts in Construction Disputes

By Commentary by Lindsey Thurswell Lehr |

A state appeals court reinforces a construction contract allowing a contractor to cure any alleged defects, writes attorney Lindsey Thurswell Lehr.

Justin Guido of Rumberger, Kirk & Caldwell in Miami, Florida

Four-Corners Rule Carries the Day on Hurricane Claim

By Commentary by Justin Guido |

A Florida appeals court allows insurance coverage for homeowners hit by a tornado embedded in a hurricane, writes attorney Justin Guido.

Palm Beach Could Stretch Sales Tax Dollars With P3 Projects

By Commentary by Neal I. Sklar |

With money coming in from a new penny sale tax, Palm Beach County could take advantage of a state law on public private partnerships and leverage the new revenue, writes attorney Neal I. Sklar.

How Will Florida's Medical Marijuana Amendment Affect the Workplace?

By Commentary by Seth A. Hyman |

The legailization of medical marijuana in Florida is awaiting state regulations and raises questions about employee use of marijuana in and out of work, writes Seth A. Hyman.

Disputed Condo Election Offers Important Lessons for Association Boards

By Commentary by Nicole R. Kurtz |

An appellate review of a Pompano Beach condo board election sided with management when a date change was ordered, writes attorney Nicole R. Kurtz.

Where Do Condo, Homeowner Associations Stand on Emotional Support Animals?

By Commentary by Marc A. Marra |

Homeowner association boards needs to know where they stand when requests are made to accommodate service animals, writes attorney Marc A. Marra.

Jeannie A. Hanrahan, left, and Devon A. Woolard, right, of Marshall Dennehey Warner Coleman & Goggin in Fort Lauderdale.

Good News for HOAs: Courts Clarify Deadline for Governing Document Lawsuits

By Commentary by Jeannie A. Hanrahan and Devon A. Woolard |

The Florida courts of appeal have reinforced the five-year time limit for filing challenges to condo governing documents, write attorneys Jeannie A. Hanrahan and Devon A. Woolard.

Dan Small, left, and Michael Hantman, right.

Speaking for a Legal Fiction: Corporate Representative Depositions

By Commentary by Dan Small and Michael E. Hantman |

Preparation is key when corporate representatives are targeted for depositions, write attorneys Dan Small and Michael E. Hantman.

Is the IRS Wealth Squad After You? Here Are Some Triggers

By Commentary by Stanley Foodman |

The IRS doesn't want rich people to feel left out. The agency has a special Wealth Squad to deal with all the sticky tax issues of the 1 percent, writes accountant Stanley Foodman.

Court Upholds Concurrent Cause Doctrine in Win for Property Policyholders

By Commentary by B. Michael Clark Jr. |

A Florida Supreme Court decision on the trigger for property insurance coverage may lead to new policy language, writes attorney B. Michael Clark Jr.

New Vegas Hockey Team Battles On After Trademark Denial

By Commentary by Elio F. Martinez Jr. |

The new NHL franchise in Las Vegas lost its bid to register trademarks when the College of Saint Rose objected to the duplicate team name.

Vergara Embryo Trust Enables Forum Shopping by Ex-Fiance

By Commentary by Michael O'Connor |

Actress Sofia Vergara's ex-fiance Nick Loeb is suing in Louisiana, a pro-life state, to preserve their fertilized embryos.

Rate Hikes One of Many Factors Affecting Our Economy

By Commentary by Harold Lewis |

The combination of rising interest rates and changes in U.S. policy leaves less money on the table for South Florida real estate deals, writes attorney Harold Lewis

Ari Tenzer, left, and Adriana Blanco Maurisset, right, of Tenzer.

US Hotels in Cuba: Business Opportunity or Hype?

By Commentary by Ari M. Tenzer and Adriana Blanco Maurisset |

Deals by Starwood, Marrioot and Airbnb make Cuba's hospitality industry look enticing, but they come with big conditions.

Playing Detective: The Importance of Answering Service Logs in Malpractice Cases

By Commentary by Brent Reitman |

Check answering service and call log records for clues to identify potential defendants in medical malpractice cases, writes attorney Brent M. Reitman.

James D. Gassenheimer, left, and Isaac M. Marcushamer, right, of Berger Singerman.

There Oughta Be a Law: Steering Clear of Ponzi Schemes

By Commentary by James D. Gassenheimer and Isaac M. Marcushamer |

Attorneys James D. Gassenheimer and Isaac M. Marcushamer offer the telltale signs of a Ponzi scheme knowing another wave of frauds may be just around the corner.

David B. Haber, left, and Frank Soto, right, of Haber Slade in Miami.

$22M Settlement: The Benefits of a Summary Mock Jury Trial

By Commentary by David B. Haber and Frank Soto |

A large-scale mock jury trial in a construction defect case is credited with producing a big settlement during jury selection for the actual trial, write attorneys David B. Haber and Frank Soto.

Franklin Zemel, left, and Ariel Deray, right, of Arnstein & Lehr.

DNA Theft: A Wrong Without a Current Remedy

By Commentary by Franklin Zemel and Ariel Deray |

An attempt to track down the source of hate mail by sneaking DNA samples out of a deposition shows the theft of genetic material is usually not punishable, write attorneys Franklin Zemel and Ariel Deray.

Court Lifts Limits on Alternate Jurors in Civil Cases for 2017

By Commentary by Robert W. Kelley |

The Florida Supreme Court responds to a trial judge suggestion and allows more than two alternate jurors to be seated in long civil trials, writes attorney Robert W. Kelley.

6 Ways to Make Rain — Even When the Sun Is Shining

By Commentary by Julie Talenfeld |

Public relations professional Julie Talenfeld offers six tips for rainmaking — even when you may not need new business.

Jeffrey A. Weissman.

Florida May Again Consider Alimony Reform Bill

By Commentary by Jeffrey A. Weissman |

Two previous attempts ended in vetoes, but a new bill setting a formula and range for alimony is heading to the Florida Legislature, writes attorney Jeffrey A. Weissman.

Eugene Pollingue, partner in the West Palm Beach office of Arnstein & Lehr.

Trump Plan for Elimination of Estate Tax Changes Focus of Estate Planning

By Commentary by Eugene Pollingue |

The adoption of Trump's tax plan would require wills and estates in larger estates to be rewritten, writes attorney Eugene Pollingue.

Katherine Doble, director of digital and branding at Schwartz Media Strategies, a Miami, Florida-based public relations and digital marketing firm specializing in communications and public affairs.

Law Firm Marketing: Digital Media Planning for 2017

By Commentary by Katherine Doble |

Video, blogs and LinkedIn are easy places for lawyers and their firms to start their digital marketing campaigns, writes marketing professional Katherine Doble.

Thomas Julin of Gunster in Miami.

President Trump Might Succeed in Prosecuting Flag Burners

By Commentary by Thomas R. Julin |

Flag burning has been a protected act for decades, but a new president and a new U.S. Supreme Court justice could tip the scales the other way, writes attorney Thomas R. Julin.

Election Impact on Exempt Offerings and Private Fund Advisers

By Commentary by Mark D. Hobson |

The Trump administration and the new Congress may roll back recent regulations on advisers to private equity funds, writes attorney Mark D. Hobson.

10 Tips to Mitigating Risks and Avoiding Litigation When Inking a Deal

By Commentary by Linda Worton Jackson |

Attorney Linda Worton Jackson suggests what to do up front to minimize the fallout when bad things happen to a good deal.

 Javier Lopez, a partner at Kozyak Tropin & Throckmorton in Coral Gables, is president-elect of the Cuban American Bar Association, and Michael Pineiro, a partner at Marcus Neiman & Rashbaum in Miami, is a member of CABA’s board of directors.

CABA Gala Supports Law Students, Indigent Representation

By Commentary by Javier A. Lopez and Michael Pineiro |

Cuban American Bar Association leaders seek support for legal education and pro bono work at annual gala.

Walter J. Andrews, Michael Levine and Andrea DeField.

With Zika in South Florida, Questions Remain About How Insurance Can Help

By Commentary by Walter J. Andrews, Michael Levine and Andrea DeField |

Attorneys Walter J. Andrews, Michael Levine and Andrea DeField offer 10 questions for businesses assessing their commercial insurance policies against the backdrop of the Zika virus.

Degas or Dud? What You Can Do if the Artwork You Bought Is a Fake

By Commentary by Jason Hernandez |

Chasing the sellers of counterfeit art can sue, but winning can be tricky, writes attorney Jason Hernandez.

Brooke Ehrlich, left, and Michael Kantor, right.

Holiday Party Gone Wild? Avoiding Employment Liability

By Commentary by Michael Kantor and Brooke Ehrlich |

Attorneys Michael Kantor and Brooke Ehrlich offer some do's and don'ts for employers planning an annual holiday party.

Supreme Court Reversal on Apple Patent Leaves Unanswered Questions

By Commentary by Daniel J. Barsky |

The U.S. Supreme Court offered no test for determining damages and didn't address the enforceability of digital designs, writes attorney Daniel J. Barsky.

Lessons for Employers from Obama's Push Back Against Noncompetes

By Commentary by Eric Ostroff |

Attorney Eric Ostroff calls for a review of Florida's law governing noncompete agreements to focus on protecting low-wage workers.

Annette Urena Tucker, left, and Christina Paradowski, right.

She Who Ordered It, Enforces It — Bankruptcy Discharges Are Unique

By Commentary by Annette Urena Tucker and Christina V. Paradowski |

A federal appeals court rules only bankruptcy courts can enforce compliance with discharge injunctions, write attorneys Annette Urena Tucker and Christina V. Paradowski .

Left to right: Justin Mayor and James Lang Greenberg Traurig

Overlooked Federal Tax Credit Program Offers Investment Funds

By Commentary by Jim Lang and Justin Mayor |

The federal New Markets Tax Credit program is underused in Florida but offers funds to invest in distressed communities, write attorneys Jim Lang and Justin Mayor.

Paul Lipton, left, and Armando Hernandez, right.

What's Good for Business? Outside Counsel Who Embrace Professionalism, Civility

By Commentary by Armando Hernandez and Paul Lipton |

Attorneys Armando Hernandez and Paul Lipton offer four reasons to focus on civility in legal departments and when hiring outside counsel.

New Amendments to Federal Rules of Civil Procedure

By Commentary by Aaron S. Weiss |

The most notable change means lawyers are losing the extra three "mail" days they had for years to respond to electronically filed documents, writes attorney Aaron S. Weiss.

Floyd Self, left, and Jeff Bartel, right.

Amendment 1 Defeated, But Florida Still Wants Solar Power

By Commentary by Floyd R. Self and Jeffrey Bartel |

The defeat of the utility-backed solar power amendment leaves the field open for a more consumer-friendly measure, write attorney Flord R. Self and Jeffrey Bartel.

Jonathan Morton and Charles Wolf of K&L Gates.

Economic Loss Rule: Courts Are Still Sorting Through Impact on Tort Claims

By Commentary by Jonathan Morton and Charles Wolf |

A 3-year-old Florida Supreme Court decision restricting the application of the economic loss rule is still being sorted out by lower courts, write attorneys Jonathan Morton and Charles Wolf.

In Rebuttal, Florida Workers' Comp Laws Are Inadequate

By Commentary by Mark L. Zientz |

Weak workers' compensation benefits in Florida don't justify a violation of the right to a jury trial, writes attorney Mark L. Zientz.

How to Make Arbitration Live Up to Its Promise

By Commentary by William Hill |

Attorney William Hill offers some do's and don'ts for successful arbitraton.

With Overtime Rule on Hold, Decide If Changes Should Stay

By Commentary by Catalina M. Avalos and Gregory A. McAloon |

Companies that made changes based on the suspended federal overtime rule should consult with their attorney to determine if the changes need to remain in place, write attorneys Catalina M. Avalos and Gregory A. McAloon.

With Overtime Rules on Hold, What Do Employers Do Now?

By Commentary by Yasir Billoo |

The injunction halting the launch of the Obama administration's overtime overhaul poses problems for employers working to comply by the Dec. 1 deadline, writes attorney Yasir Billoo.

Construction Defects: Will the Florida Supreme Court End the Battle?

By Commentary by Joshua M. Atlas |

The Florida Supreme Court is asked to decide when insurance kicks in after construction defect claims are lodged, writes attorney Joshua M. Atlas.

Banks Remain Cautious About Medical Marijuana

By Commentary by Lewis Cohen |

An estimated 30 percent of the marijuana-related businesses in states with some form of legalized pot are getting banking services even with high regulatory hurdles, writes attorney Lewis Cohen.

Richard Bec, of counsel with the Miami's Espinosa, Trueba & Martinez.

The Trump Presidency and Societal Views of the LGBTQ Community

By Commentary by Richard Bec |

The First Amendment and changing societal views are making it harder for the government to be the judge of what is acceptable and what is not when it comes to trademarks, writes attorney Richard Bec.

Conflicts In Marijuana Laws Mean Professionals Must Act Carefully Before Taking on Clients

By Commentary by H. Steven Vogel |

Professionals planning to undertake any professional services for a marijuana business should first consider the ethical implications in the state where they hold a license, writes attorney H. Steven Vogel.

Dan Small, left, and Michael Hantman, right.

Federal Grand Jury: A Dangerous Jungle for Witnesses

By Commentary by Dan Small and Michael E. Hantman |

Attorneys Dan Small and Daniel E. Hantman outline the basics of grand jury testimony and protecting the witnesses.

With New President, Citizenship Might Be Answer to Deportation Worries

By Commentary by Ernesto J. Buitrago |

There are certain things individuals can do today to get a proper assessment of their immigration status, writes attorney Ernesto J. Buitrago.

Florida Workers' Compensation Laws Are Constitutional and Fair to Workers

By Commentary by Justin Parafinczuk |

It seems clear that the current workers' compensation laws in Florida balance the rights of workers and employers fairly and in compliance with the Florida Constitution and the U.S. Constitution, writes attorney Justin R. Parafinczuk.

Gordon and Molly Beyer, at right, vacationing with family and friends in 1996.

Family That Was Rooked for a Rookery Asks for Help From Supreme Court

By Commentary by Mark Miller and Katie Duke |

Two Florida courts have rubber stamped the elimination of development rights without compensation to the family that owns a Florida Keys island teeming with birds, write attorney Mark Miller and law student Katie Duke.

Hazy Future Ahead for Florida Employers After Medical Marijuana Vote

By Commentary by Charles S. Caulkins |

Florida's constitutional amendment on medical marijuana is vague in many ways, but employers should feel confident about firing or not hiring anyone who tests positive, writes attorney Charles S. Caulkins.

Rogue Employees: A Cybersecurity Scenario You Can Actually Do Something About

By Commentary by Frank A. Santini |

Attorney Frank A. Santini outlines a Florida law giving wider protection to businesses trying to punish known cyber tamperers.

Dan Small, left, and Michael Hantman, right.

The Witness Interview: Protecting Against Dangerous Informality

By Commentary by Dan Small and Michael E. Hantman |

When it comes to potential litigation, attorneys Dan Small and Michael E. Hantman caution against treating an informal interview as anything short of the real thing.

Jerry Brodsky, left, and Fernando Langa, right.

Expert Testimony: Hot-Tubbing in Legal Proceedings

By Commentary by Jerry P. Brodsky and Fernando J. Langa |

This may be something you thought you'd never see in court: opposing experts testifying simultaneously, write attorneys Jerry P. Brodsky and Fernando J. Langa.

Broward's Foster Children to Get Representation in Court

By Commentary by Howard M. Talenfeld |

The Children's Services Council of Broward County is seeking attorneys to represent children in the child welfare system, writes attorney Howard M. Talenfeld.

Settlement vs. Precedent: Court Weighs Importance of Interests

By Commentary by Robert Visca |

Federal litigants should consider a contingent settlement arrangement when it appears the sides have reached an insurmountable impasse, writes attorney Robert Visca.

Andrew v. Matthew: The Evolution of Investigative Tools in Insurance Investigations

By Commentary by Patricia Preciado |

Advances in technology since the last big hurricane hit Florida make insurance claims investigations a lot different from the time of Hurricane Andrew, writes attorney Patricia Preciado.

Dan Small, left, and Michael Hantman, right.

Lights, Camera, Testify: Some Do's and Don'ts of Witness Preparation

By Commentary by Dan Small and Michael E. Hantman |

Trial lawyers need to make sure their witnesses prepare for video depositions to avoid potentially disastrous results, write attorneys Dan Small and Michael E. Hantman.

More Fines, More Problems? CFPB's Leadership Structure Found Unconstitutional

By Commentary by Jennifer D. Newton |

A federal appeals court decision on the power of the nation's top consumer watchdog raises many questions about regulatory authority, writes attorney Jennifer D. Newton.

5 Tips to Use on the Lawyer's Road to Success

By Commentary by Steven B. Lesser |

When it comes to building a law practice, the words of the late Arnold Palmer apply: "The road to success is always under construction."

Construction Defect Lawsuits Often Hinge on Document Retention

By Commentary by Jason E. Handin |

To toss or not to toss, that is a key question companies should answer before construction defect litigation becomes a reality.

Why a Bankruptcy Case From the Other Side of the World Affects South Florida

By Commentary by Charles M. Tatelbaum |

The Korean receivership for the Hanjin Shipping line comes with complications flowing from foreign law issues and a U.S. bankruptcy case, writes attorney Charles M. Tatelbaum.

Gabriel Caballero, senior counsel at Holland & Knight in Miami.

FinCEN's New Anti-Money Laundering Rule Extends Federal Oversight

By Commentary by Gabriel Caballero Jr. |

A proposed rule would tighten anti-money laundering limits in the realm beyond the usual banking world, writes attorney Gabriel Caballero Jr.

Ruben Conitzer, left, managing attorney at Ruben Conitzer P.A. in Miami Beach, and Joseph M. Sternberg, right, managing attorney at Sternberg Legal in North Miami Beach.

A Look at How the Candidates' Tax Policies Could Affect the Real Estate Industry

By Commentary by Ruben Conitzer and Joseph M. Sternberg |

Attorneys Ruben Conitzer and Joseph M. Sternberg explore the tax policies of Hillary Clinton and Donald Trump to assess the likely impact on real estate.

Anastasia Protopapadakis, left and Steven Solomon, right.

Avoiding Litigation: Is Your Website Accessible to Visually, Hearing Impaired?

By Commentary by Steven Solomon and Anastasia Protopapadakis |

Online businesses should consider modifying their websites to accommodate visually and hearing-impaired customers, write attorneys Steven Solomon and Anastasia Protopapadakis.

Amendment 2 Tries Again With Legalizing Marijuana

By Commentary by Michelle K. Suarez |

Presidential election crowds will be drawn to a ballot proposing the legalization of medicinal marijuana in Florida, writes attorney Michelle K. Suarez.

Escaping Politics by Going to Work — As Long As the Boss Isn't Involved

By Commentary by Aaron Tandy |

While it is nearly impossible to ban all political discussions in the workplace, private employers can take steps to restrict employee political activity, writes attorney Aaron Tandy.

Don’t Get Snared by the SEC’s Custody Rule

By Commentary by Robert A. Kaufman |

The Securities and Exchange Commission is redoubling enforcement efforts under the Custody Rule, writes financial adviser Robert A. Kaufman.

Post-Disaster Recovery Pointers for Community Associations

By Commentary by Rosa M. de la Camara |

Attorney Rosa M. de la Camara suggests a to-do list for community associations before and after natural disasters.

After Matthew, The Insurance Storm Begins

By Commentary by Walter J. Andrews, Michael S. Levine and Andrea L. DeField |

Hurricane losses can be substantial, so insurance policy holders need to make sure they get the full benefits of their coverage, write attorneys Walter J. Andrews, Michael S. Levine and Andrea L. DeField.

5 Questions Every Customer Should Ask Their Bank About Cybersecurity

By Commentary by Lyan Fernandez |

Customers should be asking their bankers about effective authentication and more.

This Is a Good Time for Law Firms to Grow, But They Probably Won't Do It Right

By Commentary by Joseph J. Luzinski |

Population growth encourages thoughts of law firm expansion, but reality may get in the way, writes consultant Joseph J. Luzinski.

Bill Promises to Meet Infrastructure Needs of State, Local Governments

By Commentary by Al Maloof |

A bill pending in Congress would open the door for more funding of public-private ventures to improve public buildings, writes Al Maloof.

As New Condos Rise, Will There Be a Surge in Construction Defects Suits?

By Commentary by Jeffrey S. Wertman |

A construction boom is creating thousands of new condominiums, but an appeal will determine the breadth of future of construction defect litigation, writes attorney Jeffrey S. Wertman.

The Freedom of Aircraft Ownership Isn't Always Free — Potential Legal Pitfalls

By Commentary by David De Piano |

Shared ownership of private aircraft comes with special considerations, writes attorney David DePiano.

Christopher Marlowe

Are Wal-Mart's Safe for Shoppers? The World's No. 1 Retailer's Negligent Security Problems

By Commentary by Christopher Marlowe |

Wal-Mart Stores should spend a fraction of its profits on security to shrink the violent crimes committed in its parking lots, writes attorney Christopher Marlowe.

Daniel H. Thompson, partner with Berger Singerman in Tallahassee, Fla.

Governor Issues New Reporting Requirements for Polluters

By Commentary by Daniel H. Thompson |

Two releases in the Tampa Bay area trigger action by the governor and the state Department of Environmental Protection, writes attorney Daniel H. Thompson.

Jonathan B. Morton, litigation partner in K&L Gates’ Miami office.

Force Majeure in the Age of Zika: Allocating Risks in Commercial Contracts

By Commentary by Jonathan B. Morton and Ruben S. Fogel |

Transmission of the Zika virus in South Florida means disease-carrying mosquitoes should be considered when drafting force majeure provisions, write attorneys Jonathan B. Morton and Ruben S. Fogel.

Michael Toback, of Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel in West Palm Beach.

Ruling Quashes Lingering Questions on Partial Payments to Condo Associations

By Commentary by Michael Toback |

When is a full payment of condo fees not a full payment? Now, under a revised state law limiting restrictive endorsements.

Is This the End of Valuation Discounts in Estate Tax Planning?

By Commentary by Patrick J. Lannon |

A proposed change in Internal Revenue Service rules could eliminate valuation discounts when minority interests change hands in family gifts and sales.

Why Accurate Translations Are Key in the Discovery Process

By Commentary by Esteban Rios |

Translations are not yet an integrated part of litigation, but certified interpreter Esteban Rios stresses the need to bring the work under the litigation umbrella early in the process.

Paul O. Lopez

Federal Courts Provide Quick Avenue for Relief After Employee Theft of Trade Secrets

By Commentary by Paul O. Lopez |

The federal Defend Trade Secrets Act offers speedier relief after the theft of trade secrets, writes attorney Paul O. Lopez.

Important Ruling for Associations Seeking to Foreclose in Advance of Lenders

By Commentary by Jonathan M. Mofsky |

A Fourth District Court of Appeal decision clarifies the rights of homeowner associations in foreclosure cases, writes attorney Jonathan M. Mofsky.

Judge Sasser Issues Standing Order on E-Discovery

By Commentary by David Steinfeld |

The Palm Beach circuit judge requires litigants in her division to comply with an order similar to Federal Rule 26.

If You Are an Expat or Thinking About Expatriating, Think About This

By Commentary by Stanley Foodman |

The presidential election has prompted some people to ask, "Should I stay, or should I go?" Tax expert Stanley Foodman looks at the U.S. tax consequences.

The Impact of Electronic Evidence in Divorce Proceedings

By Commentary by Peter L. Gladstone and Jeffrey A. Weissman |

The latest sexting allegations against former U.S. Rep. Anthony Weiner show the potential impact of electronic evidence in divorce cases, write attorneys Peter L. Gladstone and Jeffrey A. Weissman.

Dana Chang, Fisher Phillips, Fort Lauderdale

When Work and Politics Collide, What Is an Employer to Do?

By Commentary by Dana Chang |

In a presidential election year, attorney Dana Chang advises employers to adopt anti-harassment and anti-discrimination policies since blanket bans on political speech in the workplace are not authorized.

Leaky System to Cause Surge in Homeowner Premiums

By Commentary by Gary Reshefsky |

Attorney Gary Reshefsky warns the assignment of benefits to contractors after a household flood will backfire in the form of higher insurance premiums.

Succeeding with Millennial Jurors Requires Understanding Their Generational Traits

By Commentary by Ervin A. Gonzalez |

When dealing with millennial jurors, veteran litigator Ervin A. Gonzalez suggests skipping the boring details, using polished modern graphics and focusing on quality of life.

Companies Seek Next-Generation Office Space to Attract, Retain Millennials

By Commentary by Tere Blanca |

Commercial real estate broker Tere Blanca offers some insights for transitioning to the workplace of the future beyond a modern look and trendy location.

Embracing Technology for the Betterment of Florida's Residential Communities

By Commentary by Donna DiMaggio Berger |

Community associations shouldn't fear online voting, writes attorney Donna DiMaggio Berger.

Court Ejects Slip-and-Fall Suit Against Home Depot for Fraud

By Commentary by Victoria San Pedro |

A state appeals court imposes the ultimate sanction by dismissing a slip-and-fall lawsuit filed by a woman who didn't recollect in a deposition the treatments for other accidents in the previous year.

I Left My Job and Have a Noncompete: What Can I Do, and What Can't I Do?

By Commentary by David Steinfeld |

Courts decide whether noncompete and nondisclosure agreements are legally enforceable, so drafting is key, writes attorney David Steinfeld.

Talking Politics at Work in a Year of Acrimony

By Commentary by Guy Farmer |

What in the world can employers do about disruptive and explosive political talk in the workplace? Attorney Guy Farmer offers some suggestions.

Pre-Suit Divorce Settlements: Protecting the Privacy Rights of High Net Worth Clients

By Commentary by Peter L. Gladstone and Jeffrey A. Weissman |

Attorneys Peter L. Gladstone and Jeffrey A. Weissman recommend pre-suit settlements in divorce cases to maintain family privacy.

Family Rights: When Medical Malpractice is a License to Kill

By Commentary by Blake V. Dolman |

Attorney Blake V. Dolman argues for a change in Florida law limiting who can file medical malpractice suit in cases with fatal outcomes.

Omnibus Insureds and Their Entitlement to Attorney Fees Under Florida Law

By Commentary by Christina M. Himmel |

Florida appeals court explore the third-party right to attorney fees under the state Insurance Code, writes attorney Christina M. Himmel.

Law School Grads: A Dozen Tips for New Lawyers

By Commentary by Daniel A. Casey |

Daniel A. Casey, a 35-year practitioner, offers a few tips on how to develop a legal careeer.

Without Insurance Coverage, What Good Is Construction Defect Law?

By Commentary by John Moore |

Property owners and contractors challenge insurance industry attempts to avoid coverage when parties push to resolve construction defect claims before lawsuits are filed, writes attorney John Moore.

Jason M. Vanslette, partner in the Fort Lauderdale office of business law firm Kelley Kronenberg.

Homeowner Association E-Voting? The Unlikely Future

By Commentary by Jason M. Vanslette |

The Florida Legislature has authorized electronic voting by condo and homeowner associations, but the consequences are not fully understood, writes attorney Jason M. Vanslette.

For Many Condo Communities, Pokemon Go Quickly Becoming Pokemon No

By Commentary by Michael E. Chapnick |

Condo and homeowner association boards of director should alert community management, security and valet staff about the hazards posed by Pokemon Go players.

Strict Construction: Pitfalls and Perils of Proposals for Settlement

By Commentary by Oliver Sepulveda |

A range of pitfalls and a few practice tips are offered by attorney Oliver Sepulveda when working with proposals for settlement.

Retailers Predict Bankruptcy if Back-to-School Sales Fizzle

By Commentary by Charles M. Tatelbaum |

Claire's Stores may be the next big retailer to seek bankruptcy protection if back-to-school shopping fizzles, writes attorney Charles M. Tatelbaum.

Josh Atlas and Steve Daniels

Downtown West Palm Condos Compete With New Luxury Units

By Commentary by Steven L. Daniels and Joshua M. Atlas |

Condo associations need to consider upgrades to common areas and building systems to compete with a new construction wave, write attorneys Steven L. Daniels and Joshua M. Atlas.

Pamela Perry, left, and Robert Klein, right.

Assessing Legal Malpractice Claims: Reach Out Before You Deal In

By Commentary by Robert M. Klein and Pam Perry |

It may sound counterintuitive, but reach out to the lawyer you are thinking of suing for malpractice, write attorneys Robert M. Klein and Pam Perry.

Gina Clausen-Lozier and Jordan Jacob, Berger Singerman.  Courtesy photo

You Don't Have to Be Bitten to Be Affected by Zika

By Commentary by Jordan Jacob and Gina Clausen Lozier |

Business owners in the section of Miami covered by a Zika virus travel advisory may have an insurance claim in their future, write attorneys Jordan Jacob and Gina Clausen Lozier.

Counterpoint: Many Ideas on Practice of Law Already Considered or Unworkable

By Commentary by Jay Cohen |

Attorney Jay Cohen responds to 13 proposals for changing the practice of law in Florida.

Legalized Medical Pot Can Ignite New Industry—And $20,000 Bongs

By Commentary by John S. Leinicke |

A November referendum and existing Flordia law open the door to a wide range of new marijuana-related businesses, writes attorney John S. Leinicke.

Appeals Court Stays Out of Case Based on Jewish Burial Rites

By Commentary by Ted Craig |

The Fourth District Court of Appeal agreed dismissal was the correct resolution for a lawsuit claiming a cemetery violated Jewish burial customs.

Anatomy of a Construction Defect: Law Defines Defects, But Does It Help Settle Them?

By Commentary by Douglas K. Gartenlaub |

Florida's construction defect law is weak but can be a useful took for settling claims, writes attorney Douglas K. Gartenlaub.

Should I or Shouldn't I? 5 Tips for Hiring an Immigration Attorney

By Commentary by Ernesto J. Buitrago |

The proliferation of legal forms and the intracacies of immigration law mean tackling it alone is almost silly, writes attorney Ernesto J. Buitrago.

 Yacht and Country Club of Stuart, 3883 Southeast Fairway E., Stuart.

Wrongful Death Suit Against Association Illustrates Perils of Negligent Security, Screening

By Commentary by Michael L. Hyman |

A double killing at a gated community in Stuart leads to a wrongful death suit alleging negligent security, writes attorney Michael L. Hyman.

Reciprocity is Dead in Florida. Now What for the Practice of Law?

By Commentary by Matthew Sarelson |

Playing the devil's advocate, attorney Matthew Sarelson offers 13 suggestions for changing the practice of law in Florida.

Mexico Reaches an Important Milestone in Mediation

By Commentary by Fernando Navarro |

Initatives by Mexico's President Enrique Pena Nieto are intended the broaden the use and acceptance of mediation in the country.

Miami Beach's Sustainability Ordinance May LEED to Green Litigation

By Commentary by Monique S. Cardenas |

A city ordinance requiring payment of fees when new construction isn't Leed certified may prompt litigation over its application, writes attorney Monique S. Cardenas.

Protecting Athletes' Brands Off the Court Takes Defense and Offense

By Commentary by Robert Suarez |

With athlete salaries climbing ever higher, business-savvy athletes illustrate the importance of controlling their personal brand, writes attorney Robert Suarez.

South Florida Should Urge Passage of Water Resources Bill to Help Port Everglades

By Commentary by Brendan Aloysius Barry |

Attorney Brendan Aloysius Barry calls for support of a water resources bill pending in Congress that would authorize the deepening and widening of Port Everglades to accommodate larger cargo ships.

Construction Industry Challenged By Nontraditional Financing Mechanisms

By Commentary by Adam P. Handfinger |

While nontraditional financing presents some unique, and not always obvious, risks for the contractor, the risks can be mitigated with careful pre-project planning, due diligence and contract negotiation, writes attorney Adam P. Handfinger.

Opinion Creates Uncertainty for Deadlines on Motions Seeking Extensions

By Commentary by Amanda Ingersoll and Christopher Walsh |

Further guidance is needed after a state appeals court nixed the concept of automatic tolling on motions for an extension of time, write attorneys Amanda Ingersoll and Christopher Walsh.

11th Circuit Issues Favorable Ruling for Consumers Seeking Class Certification

By Commentary by Erin E. Bohannon |

When it comes to consumer class actions, recent Florida precedent swings in favor of plaintiffs seeking class certification, writes attorney Erin E. Bohannon.

Robert B. Lamm, of counsel and co-chairman of the Securities and Corporate Governance Practice at the Gunster law firm. Courtesy photo.

Top Five Considerations in a Challenging IPO Market

By Commentary by Robert B. Lamm and David C. Scileppi |

Attorneys Robert B. Lamm and David C. Scileppi offer pointers on considerations before a public offering.

Workplace Wellness Programs: What Employers Need to Know

By Commentary by Erika R. Royal |

Employee wellness programs comes with new conditions to guarantee participation is voluntary, writes attorney Erika R. Royal.

In a Competitive Restaurant Market, Lease Negotiations Can Dictate Success

By Commentary by Adriana Blanco Maurisset |

A carefully drafted and well-negotiated lease can go a long way to ensuring a restaurant's success, writes attorney Adriana Blanco Maurisset.

Lawsuits Target Hidden Fees, Pass-Through Charges

By Commentary by Lance Harke and Barbara Lewis |

Consumer class actions are targeting fees tacked on by some companies that add to profits rather than being tied to actual expenses, write attorneys Lance Harke and Barbara Lewis.

Credit: quavondo/iStockphoto.com

Litigation to Come: Insurance Policy Changes on Damage Cleanup

By Commentary by Allan Rotlewicz |

Changes approved for Citizens Property Insurance homeowner policies promise to generate litigation over repair work done after policyholders sign assignments of benefit, writes attorney Allan Rotlewicz.

Supreme Court Dramatically Shifts False Claims Act Analysis

By Commentary by Alison Tanchyk and Eric Sitarchuk |

The U.S. Supreme Court is requiring specific and particularized facts to satisfy materiality in False Claims Act lawsuits, write attorneys Alison Tanchyk and Eric Sitarchuk.

Anthony Casareale of Casareale & Partners.

Strategies for Executing Leases Faster and Cheaper

By Commentary by Anthony Casareale |

Attorney Anthony Casareale suggests a range of actions to keep everyone focused on getting a lease signed.

James Comey

FBI Director's Rundown Offers Lessons From the Clinton Server Investigation

By Commentary by Ernesto Rafael Zaldivar |

FBI Director James Comey's statement on Hillary Clinton's private email server should remind government contractors and their attorneys to use special care when entrusted with government information, writes attorney Ernesto Rafael Zaldivar.

Politics and the Water Cooler: Liability for Bringing Politics Into the Workplace

By Commentary by Jason Kellogg |

Donald Trump's bombast has produced supercharged political discourse, posing liability questions for employers when political chatter hits the workplace, writes attorney Jason Kellogg.

US Reciprocity to Improve Under FATCA? Perhaps

By Commentary by Stanley Foodman |

The United States stands as a holdout on international financing reporting rules, which gives it a reputation as the safest and most efficient tax haven in the world, writes accountant Stanley Foodman.

US May Become the Trust Jurisdiction of Choice for Wealthy Nonresidents

By Commentary by Michael Kosnitzky |

International developments may be making it more favorable for wealthy foreigners to move their trust assets to the United States, writes attorney Michael Kosnitzky.

For Business Owners Filing Bankruptcy, Beware Supreme Court Decision

By Commentary by Lewis M. Killian Jr. and Ashley Dillman Bruce |

A U.S. Supreme Court bankruptcy decision creates a new standard when fraudulent actions are in play, write attorneys Lewis M. Killian Jr. and Ashley Dillman Bruce.

Miami Dolphins top draft pick Laremy Tunsil, center, smiles during a news conference Friday, April 29, 2016, in Davie, Florida. (AP Photo/Lynne Sladky)

Hacks Happen: What Are Your Rights in Florida If You Are Hacked?

By Commentary by Jonathan F. Claussen and Andrew M. Hinkes |

The apparent hack targeting the social media accounts of Ole Miss player Laremy Tunsil before and during the NFL draft illustrate options victims can pursue under Florida's anti-hacking laws, write attorneys Jonathan F. Claussen and Andrew M. Hinkes.

Supreme Court Ruling Represents Change in Florida RICO Landscape

By Commentary by Etan Mark |

The decision on extraterritoriality in racketeering cases influences a case in Fort Myers federal court, writes attorney Etan Mark.

Many Employers Will Need to Raise Salaries to Qualify for Overtime Exemption

By Commentary by April Boyer and Yamilet Hurtado |

Changes in federal overtime rules will have a profound impact in the hospitality and retail industries, write attorneys April Boyer and Yamilet Hurtado.

The Money Services Banking Crisis: A Complex Solution for a Simple Problem

By Commentary by Andrew S. Ittleman |

The money service industry needs to speak with a single voice on anti-money laundering initiatives to accelerate international commerce, writes attorney Andrew S. Ittleman.

Donald Trump

Trump's Attack on Judge Curiel Threatens Nation's Rule of Law

By Commentary by Charles Baumberger |

Miami attorney Charles Baumberger, president of the American Board of Trial Advocates, defends the ideal of an independent judiciary and calls out presidential candidate Donald Trump for attacking a federal judge in one of his cases.

Restaurants, Here Are Some Tips for Avoiding Wage and Hour Lawsuits

By Commentary by Adam Kemper |

Attorney Adam Kemper offers some guidance to restaurants in light of U.S. Labor Department enforcement of the minimum-wage law for tipped employees.

Rules for Debt Collection Calls Under Review by FCC

By Commentary by Jeffrey A. Backman |

The combination of proposed rules from the Federal Communications Commission and a U.S. Supreme Court decision would limit the reach of the Telephone Consumer Protection Act, writes attorney Jeffrey A. Backman.

Weekend Tragedy Sheds Light on HIPAA Rules

By Commentary by Dale Webber |

A federal waiver of HIPAA's privacy rule is a short-tern, narrowly drawn departure from the health information law, writes attorney Dale Webber.

Ruling Creates Opening for Property Owners to Escape from Liens

By Commentary by B. Michael Clark Jr. |

Lienholders should watch for attempts by owners to shorten the foreclosure window to avoid jeopardizing their pursuit of payment, writes attorney B. Michael Clark Jr.

New Federal Overtime Rule on Exempt Status Takes Effect in December

By Commentary by Catalina M. Avalos |

Employers should review employee classifications before a rule change setting a new overtime salary threshold in December, writes attorney Catalina M. Avalos.

What is an Employer to Do in a World of Workplace Shootings?

By Commentary by Lisa A. McGlynn |

Employers should have a commitment to a safe work environment and a mechanism for reporting complaints about co-workers to help avoid workplace violence, writes attorney Lisa A. McGlynn.

New Road Map for Proceedings Supplementary in Florida

By Commentary by Donald R. Kirk, Ilan A. Nieuchowicz and Merrick L. Gross |

A new state law is intended to add uniformity and clarity to proceedings supllementary, write attorneys Donald R. Kirk, Ilan A. Nieuchowicz and Merrick L. Gross.

If Arbitration Has Been Waived, Beware Amending Complaints

By Commentary by Ernesto Rafael Zaldivar |

A federal appeals court decision focuses on an employer's waiver of its right to arbitrate federal claims, writes attorney Ernesto Rafael Zaldivar.

CFPB Rule Will Ban Use of Arbitration Agreements to Block Class Actions

By Commentary by Elizabeth Bohn and Julianna Thomas McCabe |

Corporate counsel are concerned the new Consumer Financial Protection Bureau rule will increase consumer class actions, write attorneys Elizabeth Bohn and Julianna Thomas McCabe.

Overtime, Minimum-Wage Rule Changes to Affect Employers

By Commentary by David Buchsbaum |

Employers should plan ahead in response to changes in pay rates triggering overtime under federal law, writes attorney David Buchsbaum.

Fort Lauderdale skyline

Condo Trouble? Preemptive Participation Offers Protection

By Commentary by Jonathan S. Goldstein |

Florida law offers protections for owners who suspect wrongdoing by condo associations, writes attorney Jonathan S. Goldstein.

Proposed HUD Rule Would Make Associations Guardians of Civil Rights

By Commentary by Michael Chapnick |

The Department of Housing and Urban Development has proposed a rule that would make homeowner associations liable for discriminatory actions by their unit owners and tenants, writes attorney Michael E. Chapnick.

Why Not Try Mediation to Resolve Three US Judgments Against Cuba?

By Commentary by Ricardo Cata |

The judgments obtained by default are now valued at over $3 billion with accrued interest and would be good vehicles for mediation, writes attorney Ricardo Cata.

New Labor Department Overtime Rules to Have Widespread Impact

By Commentary by Brian L. Lerner |

The new overtime salary threshold issued by the Obama administration will require employers to analyze salaries and overtime hours before deciding how to respond, writes attorney Brian L. Lerner.

Sunset falls over the Florida Supreme Court building

Fallout Coming from Florida Supreme Court Workers' Comp Fee Case

By Commentary by Beth J. Leahy |

A Florida Supreme Court decision on workers' compensation attorney fees is expected to generate higher awards and more claims, writes attorney Beth J. Leahy.

New Federal Law Provides Additional Protection for Trade Secrets

By Commentary by Robert C. White |

The Defend Trade Secrets Act has been hailed as a significant addition to federal intellectual property law, but some aspects are unlikely to succeed, writes attorney Robert C. White.

Feds Provide Major Boost to Protection of Business Trade Secrets

By Commentary by Philip R. Stein and James J. Ward |

The newly enacted Defend Trade Secrets Act creates a uniform approach to trade secrets and provides federal remedies to aggrieved parties, write attorneys Philip R. Stein and James J. Ward.

Franchise Value: What to Consider Before Buying

By Commentary by Katie Gilden |

Looking beyond the brand name and location, someone in the market for a franchise should examine business plans, industry prospects and fees before investing, writes accountant Katie Gilden.

With No Will Evident, Who Will Control Prince's Legacy?

By Commentary by Liz C. Messianu |

The death of Prince without a will opens a door to half-siblings looking to inherit and heavy federal income taxes, writes attorney Liz C. Messianu.

Avoiding Election Fraud in Condominium Associations

By Commentary by Erbin J. Ramirez |

With Miami-Dade County leading the state on allegations of condo association fraud, accountant Erbin J. Ramirez writes it's the responsibility of residents to make sure their associations are operating properly.

U.S. Patent & Trademark Office.

Patent Office Decision: Telling It Like It Is

By Commentary by Jose Sariego |

A federal appeals court ruling on what's acceptable in trademarks and tradenames is potentially far-reaching, writes attorney Jose Sariego.

Paid Leave Expanding as More Employers Recognize Need

By Commentary by Eric J. Holshouser and Katie Rudderman |

Law firms and other private employers are recognizing the need for paid leave and capitalizing on the provision of such benefits to employees, write attorneys Eric J. Holshouser and Katie Rudderman.

William R. Trueba Jr.

Florida's New Computer Abuse and Data Recovery Act — A Remedy With Bite

By Commentary by William R. Trueba Jr. |

Unlike the pre-existing civil remedies under the criminal statues, the Florida Legislature expressly provided that the Computer Abuse and Data Recovery Act should be liberally construed, writes attorney William R. Trueba Jr.

H-1B Visas: A Scarce (Human) Resource

By Commentary by Nicolas Watkins |

It should come as no surprise that H-1B visas have been used up — yet again. If nothing changes, this is likely to be repeated next year, writes attorney Nicolas Watkins.

Court Junks Attorney Fee Schedule, Rejects Challenge to Workers' Comp Law

By Commentary by Kimberly J. Fernandes |

The Florida Supreme Court rejected an attorney fee schedule in the workers' compensation law but rejected an umbrella challenge to the law itself.

New Law Protects Against Unscrupulous Contractors, Beefs Up Anti-Corruption Laws

By Commentary by Ralf R. Rodriguez |

The changes in the anti-corruption laws were brought about initially as a result of loopholes in the statute that did not address private entities that were performing public functions, writes attorney Ralf Rodriguez.

Miami- Bruce Jacobs, with Jacobs Keeley, PLLC

Even Bank Lawyer Says Pro-Lender Appeals Court Gets It Wrong

By Commentary by Bruce Jacobs |

The Florida Supreme Court needs to weigh in after the Third District Court of Appeal issued a pro-lender opinion that can only prolong the foreclosure crisis, writes foreclosure defense attorney Bruce Jacobs.

Silver Bullet Against Business Method Patent Trolls?

By Commentary by James A. Gale |

Companies are finding a high degree of success when challenging software patent trolls in covered business method proceedings, writes attorney James A. Gale.

Why Many Manager Removal Provisions Are Doomed to Fail

By Commentary by Matthew R. Chait and Jonathan P. Hart |

Planning for the possibility of a falling out among business partners can reduce litigation and costs later, write attorneys Matthew R. Chait and Jonathan P. Hart.

Raquel A.

Digital Life After Death — Florida Grants Fiduciaries Digital Access

By Commentary by Raquel A. Rodriguez |

A new state law allows for control over digital accounts to pass more seamlessly when family members die, writes attorney Raquel A. Rodriguez.

Justice Department Launches FCPA Self-Reporting Pilot Program

By Commentary by Alison Tanchyk |

A one-year pilot program encourages companies to report their violations of the Foreign Corrupt Practices Act, writes attorney Alison Tanchyk.

Opportunities and Risks for U.S. Businesses at the Port of Mariel

By Commentary by Dennis J. Olle and Jason P. Jones |

Attorneys Dennis J. Olle and Jason P. Jones review the risks and rewards of doing business in Cuba's Port of Mariel.

The Panama Papers—A Small Part of a Larger Challenge?

By Commentary by Stanley Foodman |

With Panama Papers disclosures taking on a life of their own, accountant Stanley Foodman recommends tax compliance, even belated, for U.S. taxpayers.

The Miami skyline in 2014 with Brickell on the left and Downtown to the right.

Miami Luxury Condos, the Panama Papers and Foreign Judgments

By Commentary by Matthew Graham |

Attorney Matthew Graham explains the complexities of domesticating foreign judgments and searching the world for the money to pay them.

Steven H. Vogel, with Hinshaw Culbertson

Be Careful When Counseling Marijuana Businesses

By Commentary by H. Steven Vogel |

Some state boards of accountancy are changing their guidelines on the risks of advising marijuana-related businesses, writes attorney H. Steven Vogel.

Cell Phone Forensics Provides Legally Defensible Evidence

By Commentary by Martin Prinsloo |

Forensic work on smartphones is providing increasing volumes of evidence for legal cases ranging from fraud to divorce, writes certified fraud examiner Martin Prinsloo.

Florida Passes Law to Enhance State RICO Act

By Commentary by William K. Hill and Joshua Levine |

A new state anti-racketeering law increases civil penalties and broadens investigative powers to better protect fraud victims, write attorneys William K. Hill and Joshua Levine.

Gary Mars, shareholder at Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel.

Ruling Reminds New Associations to Watch for Developers Waiving Reserves

By Commentary by Gary M. Mars |

Attorney Gary M. Mars reviews a state appeals court decision reversing a developer's attempt to waive reserves before turning over control of a homeowner association.

Eleventh Circuit Makes Class Certification More Difficult

By Commentary by Erica Rutner |

The federal appeals court for Florida, Georgia and Alabama rejects class certification in two consumer cases and articulates principles that make certification more difficult generally.

Lenz Go Crazy! Uncertain Landscape for Fair Use Under Copyright Law

By Commentary by Jose Sariego |

The owners of copyrighted content must consider fair use before sending take-down notices seeking the removal of online material, writes attorney Jose Sariego.

Is This Alimony Reform? Bill Addresses Alimony, Child Custody

By Commentary by Elizabeth S. Baker |

The Florida Legislature has been working on alimony changes for three years and produced a bill that strips judges of discretion, writes attorney Elizabeth S. Baker.

Tablet with chart displayed

Supreme Court Charts Narrow Course for Stats in Class Certification

By Commentary by April Boyer and Yamilet Hurtado |

A U.S. Supreme Court decision modifies a rule of evidence to permit the statistical evidence by plaintiffs at the class-certification stage, write April Boyer and Yamilet Hurtado.

DOJ Changing of the Guard Could Impact Corporate Compliance

By Commentary by Andrew S. Ittleman |

A Justice Department policy update on individual liability for corporate misconduct comes with direct language telling prosecutors to "focus on individual wrongdoing from the very beginning of any investigation of corporate misconduct," writes attorney Andrew Ittleman.

Wrongful Act Doctrine: Recovering Third-Party Litigation Expenses as Damages

By Commentary by Richard I. Segal and James J. Diamond |

Attorneys Richard I. Segal and James J. Diamond suggest using an exception to the general rule when trying to collect attorney fees in wrongful-act cases.

Robert J. Merlin, principal of Robert J. Merlin P.A. in Coral Gables

After 7 Years, Collaborative Law Process Bill Moves to Governor

By Commentary by Robert J. Merlin |

Supporters say the measure will reduce the volume of contentious divorce litigation and the associated trauma, writes attorney Robert J. Merlin.

Oil and Gas Bankruptcy Allows Contract Rejection

By Commentary by Peter E. Shapiro |

The bankruptcy case examines the power to assume or reject executory contracts, writes attorney Peter E. Shapiro.

Bill Would Make Public-Private Projects Easier

By Commentary by William Riley, Barbara Ferrer and Pedro Villa |

A bill was sent to the governor to expand possibilities for public-private partnerships, write attorneys William Riley, Barbara Ferrer and Pedro Villa.

Shifting From Complaining to Embracing Millennials

By Commentary by Shanon Lazarus |

Attorney Shanon Lazarus says businesses need to begin re-evaluating their views of millennials in the workplace, and should start embracing them instead of rejecting them.

Hiding in Plain Sight: US Serving as Tax Haven

By Commentary by Ruben Gotlieb |

Attorney Ruben Gotlieb reports the U.S. is under no obligation to reveal any information about people investing in the U.S., whether they are foreign or domestic, as long as they report and pay their U.S. taxes.

U.S. Supreme Court Justice Antonin Scalia.

Decision Could Change Class Action Landscape — or Leave More Questions

By Commentary by David S. Hendrix and Alissa M. Ellison |

The death of Supreme Court Justice Antonin Scalia after arguments in a case focused on harm in class actions complicates consumer protection litigation.

Increase in Subprime Auto Loan Defaults Is Harbinger of Bad Future

By Commentary by Charles M. Tatelbaum |

Attorney Charles M. Tatelbaum describes the implications of rising default rates on subprime auto loans.

Prohibit or Embrace it? Managing March Madness in the Workplace

By Commentary by Lisa A. McGylnn |

Attorney Lisa A. McGlynn notes state laws and religious objections are just two considerations for employers when deciding what to do about the annual college hoops championships.

Elisa D'Amico

Erin Andrews Is Good Example of Fighting Back

By Commentary by Elisa D'Amico |

Elisa D'Amico, a cyber civil rights expert, advises victims of online harassment to get immediate help despite the embarrassment.

Why Cybersecurity Should Be Every Company's Priority

By Commentary by G. Calvin Hayes |

Attorney G. Calvin Hayes considers computer system data breaches inevitable. Preparing for threats and attacks could help determine how well the company survives the event.

Erin Andrews' Negligent Security Award Is Warranted

By Commentary by Michael Haggard |

Veteran negligent security plaintiffs attorney Michael Haggard comments on the $55 million award to sportscaster Erin Andrews.

Top Pre-immigration Tax Planning Tips for Businesses Moving to US

By Commentary by Alan Lips |

Tax adviser Alan A. Lips talks about handling pre-immigration tax planning and avoiding excess taxes.

Don't Try to Skirt Federal Real Estate Targeting Order

By Commentary by Michael Kosnitzky |

Attorney Michael Kosnitzky says some real estate professionals and attorneys are talking about trying to circumvent a federal order targeting cash sales of luxury Miami real estate. He strongly suggests they consider compliance instead.

Practical Tips for Handling Tough Immigration Cases

By Commentary by Rebeca Sanchez-Roig and Bruce Solow |

Attorneys Rebeca Sanchez-Roig and Bruce Solow advise how to present the best possible case in court for immigration clients.

Outsourcing? Tips for Avoiding Waiver of the Attorney-Client Privilege

By Commentary by Laurie Uustal Mathews and Shannon Kelley Shaw |

Florida courts have weighed attorney-client privilege when dealing with communications between corporate counsel and an outside consultant, write attorneys Laurie Uustal Mathews and Shannon Kelley Shaw.

What's In a Name? Ban on Registering Disparaging Trademarks Is Struck Down

By Commentary by Josh E. Saltz |

Appellate courts are reviewing trademark cases posing questions of political correctness, writes attorney Josh E. Saltz.

Two Cases Highlight Nuances in Accounting for Income on Development

By Commentary by Laurie Jennings Arcia |

Two recent court cases highlight the intricacies of interpretatind the tax code and an 80 percent test to qualify as a home construction project, writes tax accountant Laurie Jennings Arcia.