Short Survival Periods May Not Work in Florida

  Florida law generally invalidates contract provisions seeking to shorten the legal statute of limitations. This squarely conflicts with provisions in many business combination and other commercial contracts that attempt to create shorter time limits for claims under the agreement. For example, an acquisition agreement may provide an 18-month “survival” period for representations and warranties, […]

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The Eleventh Circuit Fundamental-LY Approves of Bar Orders

On October 19, 2017, the Eleventh Circuit Court of Appeals stated “a bankruptcy court can enjoin any civil action if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action or in any way impacts upon the handling and administration of the bankrupt estate.” In re: Fundamental Long Term Care, No. 16-16462, […]

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DHS and DOS Implementation of Executive Order Imposing Travel and Refugee Ban

On Tuesday, October 17, 2017, U.S. District Court Judge Derrick Watson of Hawaii issued a nationwide temporary restraining order (TRO) in the case Hawaii v. Trump, blocking the majority of the travel restrictions set forth in President Trump’s September 24, 2017 proclamation. The TRO temporarily enjoins the implementation and enforcement of sections 2(a), (b), (c), […]

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How to Obtain Multiple Extensions of Permit Expiration Dates

Florida frequently faces hurricanes, floods, fires, and pestilence. Nonetheless, as Albert Einstein said, “In the middle of adversity there is great opportunity.”  In 2011 the Florida Legislature enacted the “State Emergency Management Act,” (the “Act”) Sections 252.31-252.60, Florida Statutes, which gave developers a great opportunity–to obtain potentially long-term extensions of certain environmental permits and development […]

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Business Immigration Updates for U.S. Corporations and Foreign Investors

Premium Processing Now Available for All Petitioners Seeking H-1B Visas On October 3rd, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it resumed premium processing for all H-1B visa extension of stay petitions. With this announcement, employers may now request to upgrade pending H-1B petitions to premium processing. Suspension of premium processing […]

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Workers’ Compensation Compliance(Securing It and Consequences for Violation) And, State Authority to Enforce

In light of the devastating storms that have been plaguing the South this year, it is timely to remind those in the construction industry and employers in general of their workers’ compensation obligations in the State of Florida. The governing statute, administered by the Department of Financial Services’ Division of Workers’ Compensation (“Division”), is Ch. […]

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