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Yearly Archives: 2020

Application of the Business Judgment Rule to Community Association Board of Directors

August 11, 2020 Community Association Industry Legal Blog

The board of directors of community associations are responsible for making important decisions affecting the community and its members. As a result, disputes sometimes arise between the association and its members. In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability […]

Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

August 7, 2020 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

On July 1, 2020, the Uniform Commercial Real Estate Receivership Act (“Act”) became law in Florida as part of the newly created Chapter 714 of the Florida Statutes. The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure […]

You Received an OSHA Citation, Now What? Steps Any Business Should Consider in Response to an OSHA Citation

July 31, 2020 Construction Industry Legal Blog

Within the last six months an inspector from the Occupational Safety and Health Administration (“OSHA”) visited your premises and you just received a “Citation and Notification of Penalty” for violations allegedly identified during the OSHA inspection.  Now what?  OSHA citations can be confusing, frustrating, carry heavy penalties, and must be […]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

July 30, 2020 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. With commercial loans, typically the loan documents will include an acceleration clause, which allows the lender to accelerate all […]

Construction Industry Webinar: Bond Law for Subcontractors and Suppliers

July 22, 2020 Construction Industry Legal Blog, Presentations, Videos

Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. Part 3 of the series covered bond law for subcontractors and suppliers, including payment bonds on Federal and Florida public and private construction projects, and […]

Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action

July 20, 2020 Banking & Financial Services Industry Legal Blog

In 2013, the Legislature enacted Section 702.015, Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited foreclosure proceedings in conformity with Section 702.015. As such, the […]

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