In the ever-evolving realm of construction contracts, navigating the contractual dispute resolution procedures can pose significant challenges for contractors. Since the 2007 revision to AIA contract forms, the so-called Initial Decision Maker (IDM) process has become more common and is presenting new challenges for contractors. Thus, a basic understanding of the IDM process is essential for contractors seeking to navigate these complexities. Scrutinizing the Initial Decision Maker: Contractors should view the IDM as a double-edged sword, offering resolution potential but also posing challeng ..read more

Modern Florida businesses often collect significant amounts of personal information in the ordinary course of their business. This information is attractive to threat actors who regularly use confidential information to commit identity fraud and to sell such information to other nefarious persons or entities. Accordingly, motivated and sophisticated hacker collectives often target healthcare providers and Florida businesses trying to compromise this valuable, sensitive information. Where there’s a data breach, a threatened class action lawsuit is likely not far behind. Most of the resulting da ..read more

Collecting on Judgment Liens in Florida  Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect to use statutory collection methods to partially or fully satisfy the judgment. Collecting on a judgment can be tricky due to the many exceptions that exist in favor of judgment debtors, however, due to a new law that became effe ..read more

If you have been paying attention to the news lately, you have likely seen stories surrounding a major shakeup with real estate commissions stemming from a settlement in a prominent federal lawsuit. On March 15th, a settlement was agreed on between the National Association of Realtors (“NAR”) and the U.S. Department of Justice (“DOJ”) who alleged anticompetitive practices. The settlement addresses concerns that NAR’s rules limited competition and hindered innovation in the real estate market. As part of the agreement, NAR will make significant changes to its rules and policies, including modif ..read more

Regulations related to pregnant workers were recently expanded by the Pregnancy Workers Fairness Act (PWFA), effective June 27, 2023. In this blog post, we will evaluate how the PWFA compares to its predecessor, the Pregnancy Discrimination Act of 1978 (PDA), to understand how regulations related to pregnant workers have changed with the installation of the PWFA. The Pregnancy Discrimination Act of 1978: The PDA, an amendment to Title VII of the Civil Rights Act of 1964 (Title VII), expanded on Title VII by expressly prohibiting discrimination on the basis of pregnancy, childbirth, or related ..read more

In the complex and fast-paced world of business mergers and acquisitions (M&A), the creation of a comprehensive closing checklist is crucial. The closing checklist serves as a deal roadmap, ensuring that all critical steps are taken, and no detail is overlooked. A well-prepared closing checklist can significantly streamline the closing process, minimize risks, facilitate discussions, and get the parties working together to close the deal. Tip #1: Detail All Required Documents One of the first steps in drafting your M&A closing checklist is to list all required documents. Documents lis ..read more

It is not uncommon for residential tenants to find themselves at a disadvantage when entering a lease agreement and renting residential property from a landlord. Often, the tenant is not sophisticated in real estate law or the relevant laws of the jurisdiction governing landlords and tenants. Additionally, in the past, landlords were not prohibited from discriminating against certain minorities or protected classes of people when leasing their property, which compounded these problems. After the passing of the Civil Rights Act in the 1960s, the Department of Housing and Urban Development (“HUD ..read more

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