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Author: Jimerson Birr

Key Considerations in Hiring an Employee Subject to a Non-Compete: Part II

December 15, 2016 Professional Services Industry Legal Blog

As discussed in Part I of this blog series, some of the most qualified candidates for employment are often current or former employees of competitors in your industry. Non-compete agreements are helpful to employers who wish to control and limit the competitive activities that an employee may engage in after his or her employment ends. Once an employer has decided to offer employment to a current or former employee of a competitor, these are the most important considerations to make.

The Apex Doctrine: What is it and How Does it Affect Companies?

December 13, 2016 Professional Services Industry Legal Blog

While a case is being litigated, the Florida Rules of Civil Procedure provide that a party may take the deposition of any person. When deposing a corporate party on general issues, the business designates a corporate representative to speak for it. However, parties deposing corporations, in all variety of cases, will sometimes demand that the president, CEO, or another high-ranking official sit for deposition. These employees are commonly referred to as “apex employees.” Obviously, these high-ranking officers of the company will sometimes have information relevant to the case. However, sometimes a party will seek to depose an opposing party’s apex employee simply to inconvenience and/or harass him, or in order to gain a tactical advantage: the officer may have to disrupt a busy schedule, or may have to travel a great distance at a substantial cost. The deposing party may also try to somehow embarrass the officer, which could potentially damage the company.

November 2016 Firm Newsletter: Live Like a Lion

November 30, 2016 Newsletters

Featured in the November 2016 Issue Partner’s Perspective: Live Like a Lion Christopher Cobb Elected Chair of Florida CILB J&C to Host Open House for E-Discovery Day Jimerson and Meadows to Teach Lender Policy Webinar New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Community Development Districts in Florida: General Considerations

November 23, 2016 Community Association Industry Legal Blog

A Community Development District (“CDD”) is a governmental unit created to serve the long-term specific needs of a community. Created under Chapter 190 of the Florida Statutes, a CDD’s main powers are to plan, finance, construct, operate and maintain community-wide infrastructure and services specifically for the benefit of its residents. There are over 600 CDD’s in Florida and many of the current CDD’s were established between the housing boom of 2003-2008. Part 1 of this 4 part blog will discuss general aspects and considerations of CDDs in Florida.

When Government Actions Rise to Inverse Condemnation Claims

November 22, 2016 Florida Eminent Domain Law Blog

Eminent domain is a legal proceeding brought by the government, or an entity acting on behalf of the government, where the government actor asserts its authority to condemn private property for public use. Lingle v. Chevron, 544 U.S. 528 (2005). Under the U.S. and Florida Constitutions, the government can take private property only in limited situations and must pay the private property owner just compensation for the land it takes. But what happens when there is a de facto governmental taking of private property without any eminent domain proceedings and no just compensation paid to the property owner? What recourse does the property owner have after-the-fact? The available remedy is called inverse condemnation.

Can a Condominium Association Face a Second Foreclosure Suit?

November 17, 2016 Community Association Industry Legal Blog

The Florida Supreme Court’s recent decision in Bartram v. U.S. National Bank Association is instructive for condominium associations and community managers dealing with a unit in foreclosure, including those trying to determine whether or not to appear and defend a foreclosure by the lender, even though it does not deal directly with a condominium or the Florida Condominium Act.

Requirements for Contracts Entered Into by Florida Condominium Associations

November 16, 2016 Community Association Industry Legal Blog

Contracting with vendors and service providers is part of the normal course of business for many condominium associations in Florida. Generally, section 718.3026, Florida Statutes provides for certain requirements when an association contracts for products and services. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association in the aggregate that exceeds 5 percent (5%) of the total annual budget (including reserves), the association shall obtain competitive bids for the materials, equipment, or services. Nothing contained in the Statute requires the association to accept the lowest bid for the products or services. When analyzing the bids for the work, the association can consider such factors as quality of the vendor, responsiveness of the vendor, and any other non-monetary factors. The board members will generally be protected for such decisions under the business judgment rule.

Conditional vs. Unconditional Payment Bonds in Florida

November 8, 2016 Construction Industry Legal Blog

A payment bond is a security posted by the general contractor that ensures that payments will be made to subcontractors, sub-subcontractors, and material providers for services or products provided on private and public construction projects. The amount posted to exempt the owner needs to be in at least the amount of the original contract. While payment bonds are most commonly associated with public projects, which are governed by Chapter 255 (“Florida’s Little Miller Act”), Chapter 713 governs payment bonds on private construction projects. In such case, there are two types of bonds that can be obtained to exempt an owner. This blog post will cover general considerations for unconditional and conditional payment bonds.

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