Monthly Archives: March 2015

Social Media: Is it Discoverable?

By: Brittany N. Snell, Esq. and Austin B. Calhoun, Esq.
Many people routinely document their lives through interactions on social media forums such as Facebook, Twitter, LinkedIn, or some other social media site. With social media becoming more and more a part of our everyday lives, the content of social media has inevitably become valuable to litigation. While you may be shaking your head and agreeing with the relevancy of social media, when is the last time you included a social media request in your discovery requests? If you included this request, how specific was it? This blog post will explore the growing use of discovery requests to obtain vital information from social media. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Florida Statute Chapter 558: Changes Are Brewing

By: James O. Birr, III

Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their way through the Florida legislature. See House Bill 87 and Senate Bill 418. These changes include specific information to be included in the notice of claim, frivolous claims, sanctions, and the exchange of documents. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions – Part II

By Hans C. Wahl, Esq.

This blog post is part II in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue. Part I explained that associations have the power, under the Florida Statutes, to expedite the foreclosure process when lenders are delaying. Part I also illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. This blog post addresses the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on due to not appearing in lender foreclosure actions and asserting their priority lien rights. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , ,

Drones in Community Associations – Part II

The previous blog post, “Drones in Community Association – Part I,” discussed the association’s regulation of the use of drones throughout and within the community.  This post will discuss the potential for associations to utilize drones in everyday management and … Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , , ,

An Employer’s Guide to Drafting and Enforcing Non-competition Agreements

By: Brandon C. Meadows, Esq.
As Florida’s workforce becomes more specialized and mobile, the economic climate becomes increasingly competitive for employers to protect their business interests. In an effort to protect those interests, employers frequently include restrictive covenants, or non-competition language, within their employment agreements to govern the conduct of employees upon termination or resignation. Florida law recognizes an employer’s rights to protect its legitimate business interests. However, those business interests are balanced against the rights of the former employee to reasonably continue to make a living in his or her trade. This article provides guidance to business owners to assess their needs for drafting noncompetition agreements and to provide counsel as to the effective enforcement of the agreements. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

General Contractors May Seek Treble Damages Against Unlicensed Subcontractors Pursuant to Section 768.0425, Florida Statutes

In Florida, unlicensed contracting is a crime. Florida Statutes provide special civil remedies for those harmed by unlicensed contracting. For instance, Section 768.0425 provides that a consumer harmed by an unlicensed contractor is entitled to treble damages and attorney’s fees. These are extreme remedies intended to punish unlicensed contractors. We typically think of a homeowner as the “consumer” in this context. However, a general contractor is likewise entitled to the civil remedies of §768.0425 if the contractor is harmed by its unlicensed subcontractor. Home Construction Management, LLC v. Comet, Inc., 125 So.3d 221 (Fla. 4th DCA 2013). Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,