As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection. This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. Yet local governments across that state of Florida and the […]
It is common to see commercial leases that grant the landlord broad powers upon the tenant’s default. Some variation of the following can often be found in a lease: Upon default by Tenant, Landlord may immediately re‑enter the Premises and take possession thereof and all permanent improvements thereon and remove […]
When OSHA issues a citation to employers for a workplace safety violation, the citation lists a proposed penalty. Much like a speeding ticket, the employer is not required to pay the penalty immediately and can contest the citation on a number of grounds. The decision to pay the citation or […]
All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection. Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny. This can often lead to disputes and litigation which we […]
The next time you are sitting at a red light at a busy suburban intersection, instead of checking your smart phone, look out the window. Look beyond the other traffic, beyond the political signs, and beyond the fast food combo meal deal marquees. Chances are you will see a small, […]
On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida. Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the people that voted to approve Amendment 2 in 2016. Judge […]
In many business transactions, parties attempt to limit their liabilities and shift risk. Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, and depending on the language of the risk shifting provision, […]
Any owner of a business should know that your directors and officers have certain duties to their respective entities, whether it is a corporation or a limited liability company (LLC). Under Florida law, specifically, directors and officers have duties to act 1) in good faith, (2) with reasonable care and […]
The appropriate venue for litigating the foreclosure of a construction lien is obvious. The appropriate venue must be the county in which the property is located. Clearly, the county in which the property is located must issue the foreclosure judgment and hold the foreclosure sale. This is the case even […]
Frequently our clients ask us general questions regarding the day-to-day operations of their business. In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved employee goes about pursuing a claim. What follows is an […]