When elected officials and others talk about reducing traffic congestion, one can only wonder what they are envisioning, or how they view traffic congestion in the first place. We all have experienced congestion on the roadways; it's frustrating (to say the least) and results in hours upon hours of sitting in traffic each week. But, what exactly is it that we are trying to fix, and whatever the solution, how are we going to pay for it?
The gas tax has been a long-standing source for transportation infrastructure dollars. Florida's gas tax is one of the highest in the country and the revenue ...
Companies seeking to do business with state and local government in Florida need to know that the solicitation process, up to and including entering into the final contract, requires a significant degree of transparency because of the state’s very broad public records and open meetings laws, collectively known as “government in the sunshine.” At the same time, because the government contracts market is highly competitive, companies responding to requests for proposals and other solicitations must be able to keep their trade secrets out of the hands of competitors.
The Consul General of Canada in Miami advises that a NEXUS mobile enrollment team will be in Miami on Feb. 6, 7 and 8, 2018, in order to facilitate enrollment in this program that expedites entry into Canada. Applications are due by Jan. 22, 2018.
If you are concerned about when a claim accrues or whether the statute of limitations has run on a potential claim against you or your business, please contact any member of Gunster's business litigation legal team.
The Florida Civic Advance, an emerging network of over 45 private, nonprofit, and public organizations, has been created as a solid step forward to serve as a catalyst in promoting civic and community engagements by business. On November 6 and 7 in Orlando, the Florida Civic Advance is holding a Summit.
What does the recent court ruling in White v. Mederi Caretenders mean for businesses not in the home health service industry seeking to protect referral sources via noncompete agreements? Gunster attorney Simone Marstiller explains.
What follows are updates meant to help our clients, families and friends as they struggle to recover in the wake of Hurricane Irma, which traveled up the entire state of Florida beginning the weekend of Sept. 8, 2017.
When deciding whether to file suit against a defendant living abroad in either a federal or a Florida court, consider how this ruling complements the language of Fed. R. Civ. P. 4(f)(3), which allows service on individuals in a foreign country “by other means not prohibited by international agreement, as the court orders.”
There has been a long simmering debate in the Florida legal community about the appropriate standard for the admissibility of expert testimony at a trial in the Florida courts. The question was whether to adopt the federal standard, commonly known as the Daubert test, or to remain with the less rigorous Frye test that has been the standard in Florida for decades. We now have an answer: Frye is still the standard.
More than just charity, philanthropy is a long-term strategic plan to address specific social needs. It involves the contribution of time, talent and treasure. And, when effectively implemented on a corporate level, it's good for business and the community.
Software licensing audits can be stressful and result in substantial legal problems and costs. However, strategic planning – as outlined in 10 steps I offer below – may allow company owners and executives to save their energy for growing their business instead of sweating out an audit.
While some potential issues exist, I believe the Defend Trade Secrets Act of 2016 should be beneficial to many companies because of the possible increased trade secret protection and aggressive potential remedies that it will provide.
While traditional nondisclosure agreements may protect trade secrets when parties wish to discuss a potential business transaction, NDAs may also jeopardize the strong protections already available under Florida law.
Businesses with Clean Air Act permits should be monitoring the new Florida Department of Environmental Protection rulemaking process to ensure that the numeric limits or work practices changes are realistic and do not unnecessarily increase the risk of enforcement or third-party litigation.
Changes in the federal Americans with Disabilities Act have, over the years, broadly expanded the group of medical conditions requiring accommodation by employers – including conditions not currently affecting an employee's health.
Three of the most valuable assets of businesses are trade secrets, customer relationships and employees. Noncompete agreements can be an effective tool to protect these assets.
Significant recent developments for the EPA rule defining waters of the U.S. (WOTUS) include adverse GAO findings & a defunding attempt. Most important for Florida, the WOTUS rule will decide what waters are considered federal wetlands and require a permit from the Army Corps of Engineers before being altered (as well as involving review under the Endangered Species Act).
Litigators often depend on demonstrative evidence and exhibits to help make a persuasive argument, and to help increase understanding and retention levels of juries. However, too little time and effort is spent on the creation of such evidence – especially when, to be effective, demonstrative evidence requires meticulous preparation.
Employers and human resource professionals should tread cautiously when it comes to racial discrimination claims in the workplace – regardless of an employee's appearance or claims of ethnicity.
In this age of cyberattacks and data breaches, it's not enough to protect access to sensitive company information. The smart, proactive move for any savvy owner or executive is to protect where his or her business lives online: a company's domain name.
Rather than wait for an unannounced visit by the Department of Labor, employers can conduct their own internal audits as part of a larger discussion they should have about wage and hour compliance.
Information is the lifeblood of a company's board of directors; how it flows between the board and management is critical to the proper functioning of both.
Have you ever questioned whether something you were told or overheard about a business partner, employee, or competitor was actually true? Has someone ever made false statements of fact regarding you or your business?
Do you own or have an interest in a family business? A comprehensive business succession plan should document, among other things, the terms of future business ownership, management roles, investment strategies, and exit plans for heirs unwilling or unable to continue the business.
Patents and trademarks are just not enough to protect a company's intellectual property. Gunster attorney David Bates identifies how implementing particular procedures can help entrepreneurs protect their company's confidential information.
Gunster attorney Stacie Townsend writes about the most significant changes affecting business owners and executives as a part of the Florida Revised Limited Liability Company Act in today's Daily Business Review.
Heads-up, Medicare and Medicaid providers: You are strongly encouraged to develop and implement an Affordable Care Act compliance program in anticipation of the Department of Health and Human Services' release of guidance documents, which will likely be issued soon.
The program is expected to provide thousands of people, such as citizens and green card holders living abroad, a new avenue to become tax compliant. Even green card holders with expired green cards may be required to file U.S. tax returns and may benefit from this new penalty-free program.
The Pacific Legal Foundation's appeal of Kent Recycling Services v. Army Corps of Engineers may effect landowners’ ability to appeal designations made by Clean Water Act regulators.
Our attorneys keep clients in the know when it comes to how the law affects business. Read Gunster’s blog for timely and important updates on legal and business matters, straight from our attorneys to you.
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