As seen in The Cramdown, Summer 2016. By: Amy Drushal After a number of decisions from the District Courts in the Eleventh Circuit post-Crawford v. LVNV Funding, LLC, 758 F.3d 1254, 1261 (11th Cir. 2014), the Eleventh Circuit has now answered the question that it left open and that has been the subject of much discussion: whether…
By: Trenam’s Employment Law Team The National Labor Relations Act (“NLRA”) is a federal law governing collective bargaining and protecting the rights of workers to unionize. Because unions are uncommon in Florida outside of the public sector, many private employers never deal with union workers and may mistakenly believe that the NLRA does…
By: Trenam’s Employment Law Team The Occupational Safety and Health Administration (OSHA) issued a final rule revising its Occupational Injury and Illness Recording and Reporting Requirements. The new rule does two things: (i) it establishes employer requirements for workplace injury and illness reporting, including requiring employers to give employees notice of…
As seen in The Florida Bar Journal, Volume 90. Financial distress often leads to unpaid homeowner association dues, which in turn places tremendous stress on the paying members of the homeowner association (HOA). Without a reliable stream of income, HOAs are unable to manage and maintain common areas and amenities in the community…
Clearer Guiding Principles Analyzed and Possible Future Best Practices Considered By: Richard M. Leisner PART ONE Note: The article is scheduled for publication in Securities Regulation Law Journal, Summer 2016 Edition, a Thomson Reuters Publication. For more information about this publication please visit www.legalsolutions.thomsonreuters.com. On August 6, 2015, without fanfare, the SEC Division of…
Clearer Guiding Principles Analyzed and Possible Future Best Practices Considered By: Richard M. Leisner PART TWO Note: The article is scheduled for publication in Securities Regulation Law Journal, Summer 2016 Edition, a Thomson Reuters Publication. For more information about this publication please visit www.legalsolutions.thomsonreuters.com. Should it Matter Who Makes the Solicitation? Before Citizen VC,…
DOL Announces Final Rule Doubling Salary Threshold for Exempt Employees In our November 2015 Employment Law Update, we discussed the Department of Labor’s proposed rule changing the requirements of the “white collar” exemptions to the overtime requirements of the Fair Labor Standards Act. Whether an employee is exempt depends on the nature…
By: Carl T. Berry For years now, conventional wisdom has been that, wherever possible, businesses should seek to operate as flow through entities (S corporations or partnerships) for income tax purposes. One rationale for this viewpoint has been, of course, that flow through structuring avoids the imposition of two levels…
By: Gary I. Teblum Most of us prefer to do those things that are fun and tend to procrastinate as to things that are the more mundane and that are not so interesting or exciting. Does that describe you? So are you one of those who, back in the 1990s said…
By: Dean A. Kent Trade secrets are the oldest form of intellectual property and, unlike patents, trademarks and copyrights, the value of a trade secret arises from others not knowing the secret. Companies such as Coca-Cola, WD-40, Heinz 57, and Kentucky Fried Chicken rely on trade secrets including secret formulas,…
