Florida’s CHOICE Act allows non-compete and garden leave agreements lasting up to four years for “covered” high-earning employees and shifting the burden to employees to prove that an agreement is not enforceable. Supporters argue that the Act protects trade secrets and attracts businesses, while critics warn it may harm worker mobility and increase unemployment.
Before signing a commercial lease in Tampa, a landlord should conduct due diligence on tenants, decide on the lease structure, and clearly define terms relating to rent, maintenance, permitted use, and default provisions. Taking these steps reduces risks, enhances profitability, and ensures compliance with applicable laws, including the Fair Credit Reporting Act.
A lis pendens is a public notice indicating that there is pending litigation involving a property. While a lis pendens does not prevent the sale of the property, it is intended to warn potential buyers and can cloud the title to the property. In Florida, a lis pendens expires after one year unless extended by…
Understanding the difference between leasing and purchasing commercial equipment is crucial for business owners. Equipment sale agreements outline the rights and obligations of both parties when equipment is sold, while commercial equipment lease agreements, including capital and operating leases, allow lessees to lease equipment for a specific period.
[vc_row][vc_column][vc_column_text]Hurricane Ian is projected to be one of the costliest storms in U.S. history. It prompted mass evacuations, school shutdowns, and thousands of flight cancellations across the Florida. It is likely to end up as...
LLC members in Florida can file direct claims for personal rights violations or derivative claims for company-related harm. Derivative claims require that you make a formal demand to other members or managers, allowing 90 days to act, unless doing so would be futile or cause irreparable harm, as outlined in Fla. Stat. § 605.0802.
COVID-19 has significantly impacted both renters and landlords, with federal and local aid programs offering rental assistance. In Pinellas County, $45 million has been allocated, but with landlords still covering expenses and eviction moratoriums ending, evictions and homelessness may increase. Experts urge cooperation between landlords and tenants to access available funds efficiently.
The COVID-19 pandemic has taken all of us into uncharted waters. After an unprecedented near nationwide shutdown, many states are going through the process of reopening. For business owners, the ability to re-open is often...
On April 3, 2020, the Paycheck Protection Program was established with the intent to support small U.S. businesses during the COVID-19 pandemic. Program funding was depleted within a few days, in part, because some of...
In what the United Nations has described as a “shadow pandemic,” the reported cases of domestic abuse have risen by at least 20% since COVID-19 started and is likely much higher because of unreported cases....
As we all cope with the COVID-19 pandemic, feelings of anxiety, sadness, and fear are commonplace. Pandemic-related factors that may add to a workers' stress, are sundry, but may include fears regarding health or job...
The Hillsborough County Courthouse has implemented changes to how it handles hearings as it opens from the COVID-19 shutdown. Your case may be rescheduled or heard remotely via Zoom or a similar video chat system....
LS Attorney Jeff Lieser Interviewed - Read Article "People are assuming risk by going out....but it doesn't mean businesses can ignore the process of providing a safe space" As the country begins the process of...
During the COVID-19 pandemic, businesses were forced to find alternative ways to settle disputes. Digital mediation, which allows parties to settle conflicts without in-person contact and sign agreements electronically, provides businesses with a practical, socially distant way to reach resolution during the pandemic. The commercial lease attorneys at Lieser Skaff offer legal guidance to help…
As we move through and beyond the COVID-19 pandemic, all of us have been challenged to absorb a range of new terminology and guidelines to help us better maneuver through the crisis. This has been...
There have been numerous questions posed by employers in regard to confidentiality of medical information pertaining to the COVID-19 pandemic. The U.S. Equal Employment Opportunity Commission (EEOC) has attempted to address some of the most...
Employers are rightfully concerned about having workers return to their place of business after they have been diagnosed with or exposed to COVID19. Fortunately, the CDC has provided guidance for employers who have workers classified...
The COVID-19 pandemic has devastated businesses across the country and many owners have been left to wonder if they are legally bound by contracts they signed prior to the outbreak. Unfortunately, there is not simple...
Florida Statutes Chapter 558 requires property owners to send a pre-suit notice for construction defects before suing. The ruling in Gindel v. Centex Homes provided a way to extend the statute of repose; however, a 2019 amendment to the statute effectively overruled Homes, clarifying that notices do not toll the 10-year limit.
In response to COVID-19, President Trump ordered a minimum 60-day moratorium on FHA mortgage foreclosures while local Florida measures, like Hillsborough County's Administrative Order, also halted evictions. With court delays and Sheriff Departments ceasing Writs of Possession, landlords (particularly commercial) are advised to file promptly to secure priority once courts resume normal operations.
As the nation responds to the Coronavirus outbreak, we are all hopeful for the best outcome. During these trying times, however, consider the following: Communicate: In times of trouble, one of the most important factors...
Jeff Lieser of Lieser Skaff represents a client in a multi-million-dollar lawsuit against a New York City-based company for unauthorized use of content. Jeff Lieser of Lieser Skaff advises businesses to protect their intellectual property by monitoring for plagiarism, enforcing strong website terms, securing digital content from former employees, and using enforceable non-compete agreements.
Florida’s civil theft Statute (F.S. 772.11) allows individuals and businesses to recover tangible, intangible, and real property that was wrongfully taken. A Plaintiff must serve a 30-day cure notice, file the lawsuit within five years, and prove theft with clear and convincing evidence. While punitive damages are not allowed, a successful Plaintiff may recover treble…
Entrepreneurs often use DIY legal forms, risking costly mistakes. Working with an experienced Tampa business attorney ensures proper legal structure, regulatory compliance, effective contracts, and protection for intellectual property and trade secrets. An attorney can also assist with negotiations, annual filings, mergers and acquisitions to safeguard your business from costly mistakes.
The litigation privilege protects participants in judicial proceedings from liability for acts or statements made during and necessarily preliminary to litigation, prioritizing free disclosure and adversarial advocacy over reputational harm. The general rule holds that pre-suit notices, as required by Florida law, are considered "necessarily preliminary" and are absolutely privileged; however, it is more complicated…
Before entering into a commercial lease enlist an attorney to carefully review and negotiate key clauses relating to exclusivity, radius, CAM fees, SNDA agreements, and regulatory compliance. Ensuring fair terms, limiting competition, and addressing shared costs protects your business in the long run.
Homeowners frustrated by an HOA-owned abandoned property have limited options. They can informally raise the issue at an HOA meeting or contact the mortgage holder to request property maintenance. Formal options include recalling the board, suing the HOA for breach of fiduciary duty, and suing the homeowner; however, residents may incur legal costs.
The Tampa Housing Authority’s Tempo high-rise faces costly construction defects, including upside-down windows and water leaks that could lead to mold. Lieser Skaff attorney Jeff Lieser warns that despite THA assurances, taxpayers may bear the costly financial burden of litigating and fixing the issues.
The Florida Attorney General’s Office settled with KB HOME after a three-year investigation related to failing to inform homeowners of building code violations and denying warranty coverage. The settlement requires KB HOME to repair homes and reimburse out-of-pocket expenses to affected homeowners.
In July of 2015, Florida banned the use of drones for surveillance on private property without the occupants’ written consent. The law also mandates drone operators to display a unique identification number on the craft. This makes it easier to identify and allows for a person to sue drone owners for invasion of privacy.
Hiring an unlicensed contractor may seem cost-effective but poses legal, financial, and quality risks, exposing you to potential fines, liability for damages or injuries, and shoddy workmanship. Although Florida law limits the legal rights of an unlicensed contractor, it is also illegal to knowingly hire an unlicensed contractor.
Lieser Skaff attorneys are pursuing product liability claims for Xarelto users who suffered uncontrollable bleeding or adverse effects, alleging inadequate warnings and no effective treatment for bleeding emergencies. Plaintiffs may seek compensation for medical bills, lost wages, and other damages.
Properly installed stucco or EIFS can last for the lifetime of the home; however, improperly installed stucco or EIFS (thin layers, improper weatherproofing, or insufficient caulking) can lead to water damage, rot, and mold. Florida homeowners must sue within four years of discovering damage, but no later than ten years post-construction, to enforce the warranty.
Verizon accused Netflix of unfair trade practices under FDUTPA for displaying error messages blaming ISPs for slow streaming. Netflix argued the messages were accurate and informational. Moreover, consumer surveys showed most users already blamed ISPs for streaming issues, likely making Verizon’s deception claims difficult to prove.
An Army Soldier’s Pasco County home was occupied by squatters who claimed a verbal agreement allowed them to live in the home rent-free. Because the police deemed it a civil matter and there was no lease, only an unlawful detainer action (not eviction) could resolve the matter.
Although non-compete agreements are presumed to be valid in Florida, they can be challenged based on material breaches by the employer, overly broad restrictions, unreasonable durations, or geographic scope. Courts also evaluate whether the agreement protects legitimate business interests. Consult an experienced employment lawyer to assess enforceability of a non-compete agreement.
Construction lienors must serve a timely “Notice to Owner” to preserve lien rights while manufacturers of “specially fabricated materials” must follow similar, but different, rules. To protect against lien liability, property owners should record a Notice of Commencement as well as obtain lien releases and contractor affidavits before making payments.
Commercial landlords can face construction lien liability for tenant improvements if tenants hire contractors and fail to pay them. To avoid this, landlords should include lien prohibition clauses in lease agreements, record the lease and a notice, promptly respond to lien-related demands, and require contractor indemnity agreements.
Domestic drywall in some U.S. homes may corrode metal, damage appliances, and cause health issues like headaches, respiratory problems, and seizures. Suspected causes include sulfide gas off-gassing, radioactive phosphogypsum, or the use of recycled Chinese drywall. Homeowners with potentially dangerous drywall should consult their insurance company, obtain an inspection, and consult an experienced construction defects…
Between 2004 and 2008, defective Chinese drywall containing phosphogypsum was used in the construction of homes in the U.S. (predominantly in Southeastern states), causing sulfur odors, corroded materials, and health issues, particularly in Southeastern states. Chinese drywall lawsuits and class actions have resulted in remediation, removal, and repair of the drywall; however, proving health claims…
