Being served with a lawsuit is among the most stressful and disruptive events a small or midsize business (SMB) can face. Legal disputes often arise with little warning and immediate consequences. It may be tempting to try to handle the
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Navigating HB 1203: Changes Impacting Homeowners’ Associations in Florida
Part II: New Rights and Protections for Homeowners
On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational requirements for community association managers and HOA directors, access
Navigating HB 1203: New Changes Impacting Homeowners’ Associations in Florida
Part I: New Educational and Regulatory Requirements for HOA Board Members, Community Association Managers, and Homeowners’ Associations
On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational
Do Contractual Arbitration Provisions Apply to All Disputes Between Parties?
When drafting any sort of detailed business contract, a common question is what type of dispute resolution provisions should be included in it. Will the parties require litigation or arbitration? Will the parties require mediation before litigation or arbitration?
Litigation
Member Disputes in an LLC
What happens if the members or managers of a limited liability company (“LLC”) can’t agree on the operations of the business? What happens if a member fails to comply with terms of the operating agreement or engages in fraudulent conduct?
Riparian Lines on a Subdivision Plat
Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. As a result, a subset of real property law has emerged to address what is called “riparian rights.” Riparian rights include the rights of
Severance Agreements: Tips for Ensuring They Are Enforceable
Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections
Dual Representation in Derivative Litigation: Who Can Represent the Company?
Derivative litigation occurs when a shareholder sues another shareholder, officer, or director of the company for misconduct that harms the company. In many derivative lawsuits, the facts are similar: the majority in control of the company commits some wrongdoing (i.e.
7 Things Lenders Should Know About SBA Audits
The SBA Office of Credit Risk Management (“OCRM”), conducts continuous, risk-based lender oversight on all SBA lenders and CDCs. As part of this oversight, the OCRM conducts periodic on-site audits to evaluate the lender or CDC’s portfolio performance, credit administration,
Loan Modification and Deferment Requirements for SBA Lenders
If a borrower is experiencing difficulties making payments on their SBA loan, they may seek relief with the lender or CDC by requesting a loan modification or deferment. When a lender or CDC receives such a request from a borrower,