Business Law
Recent Legislative Changes to Service of Process: A New Ball Game?
In 2022, the Florida Legislature passed S.B. 1062, which reshaped the procedures for, and methods governing, service of process for...
Yours, Mine, and Ours: May a Bankruptcy Court Authorize the Sale of a Co-Owner’s Interest Free and Clear of Its Creditors’ Claims?
Few sections of the Bankruptcy Code[1] have received as much attention as §363(f). Yet, surprisingly, only a handful of decisions...
Subchapter V: A Big Deal for Small Businesses
The importance of the viability of small businesses to the national economy cannot be overstated. According to the U.S. Small...
Should Durham Affect the Interpretation of “Assignee” Under Florida’s Version of Article 9 of the Uniform Commercial Code?
The 11th Circuit’s decision in Durham v. Ocwen, Case No. 17-15572, 777 Fed. App’x 952 (11th Cir. May 29, 2019),...
Shielding Third Parties in Bankruptcy: Extensions of the §362 Automatic Stay and Imposing §105 Injunctions Under the Bankruptcy Code
One Sunday night in August 2021, bankruptcy law, plans of reorganization, and third-party releases and injunctions became notoriously part of...
Where to Incorporate? Florida Bar Survey Results and a Florida vs. Delaware Comparative Analysis
As of December 31, 2021, there were 811,396 active for-profit corporations incorporated under Florida law, including 104,625 incorporated in 2021.[1]...
How the Supreme Court’s Decision in Van Buren Impacts Mobile Employees and Computer Data Theft in Florida
Computer data theft at the federal level is generally addressed under the Computer Fraud and Abuse Act, 18 U.S.C. §1030...
Florida’s New Commercial Real Estate Receivership Act: A Roadmap for Judges and Practitioners
A receiver is “a person appointed by the court to take control, custody, or management of property involved in litigation...
Actual Intent vs. Legal Intent: The Impact of Immigration Status on Establishing Homestead Exemptions
As of 2018, 4.5 million immigrants (foreign-born individuals) made up 21% of the population in Florida.[1] According to the PEW...
Federal Contracting Disputes: Do All Roads Lead to Rome? Part II
In the last part of this article, we considered the options for a contract claim and began to consider a...
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