The U.S. Supreme Court’s Van Buren Decision Overrules 11th Circuit Precedent Concerning the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C § 1030, creates criminal liability in a variety of circumstances, including when the government alleges that any person, including an individual, firm, or corporate entity, “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains”: (1) certain financial and consumer records; (2) “information […]

Employee or Independent Contractor? DOL Muddies the Water With Rule Withdrawal

On May 5, 2021, the U.S. Department of Labor (DOL) withdrew its prior rule on the classification of independent contractors.  The existing rule from the prior administration made it easier for businesses to classify workers as independent contractors, rather than employees.  The new announcement came from the DOL’s Wage and Hour Division and the withdrawal […]

How to Separate a Key Employee

Recently, the president and CEO of the entity responsible for operating much of Texas’s electricity grid was fired as part of the fallout of the power outrages caused by the devastating winter storm back in February.  Bill Magness, the president and CEO of the Electric Reliability Council of Texas (ERCOT), was terminated without cause, but […]

Gunster supports Florida Venture Forum’s 30th Annual Capital Conference

The Florida Venture Forum hosted its 30th annual capital conference last week. The virtual gathering was launched by Gunster shareholder Milton Vescovacci (Miami) and featured a keynote presentation by Eric Silagy, President & CEO of Florida Power & Light and a fireside chat by Frank DiBello, President & CEO of Space Florida. One key takeaway from […]

Firm Mourns the Loss of Colleague Donald J. Beuttenmuller Jr.

Donald J. Beuttenmuller Jr., January 12, 2021 Our firm is deeply saddened by the tragic loss of our colleague and dear friend, Donald J. Beuttenmuller Jr. Don was Gunster’s former managing shareholder, general counsel and a close friend to all. Don passed away on January 12, 2021.   Don dedicated himself and his work to preserve the […]

Firm Mourns the Loss of Colleague Edward F. Tancer

“Service to others is the rent you pay for your room here on earth.” Muhammad Ali Edward F. Tancer, November 22, 2020 We are deeply saddened by the sudden and tragic loss of our colleague and dear friend, Ed Tancer, who passed away unexpectedly on November 22, 2020. Ed was an outstanding attorney, who went […]

Honoring the Legacy of Ruth Bader Ginsburg

“Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.” Gunster’s Women’s Leadership Forum honors the legacy of Ruth Bader Ginsburg, a true American Hero and a tireless Champion of Gender Equality. Both before and during her twenty-seven year tenure on the nation’s highest court, Justice Ginsburg […]

Questions to Consider Before Re-Opening Your Business

With the recent announcement by Governor DeSantis that all Florida counties have entered Phase One of re-opening the state’s economy, Florida businesses must get plans in place for resuming business operations at their physical locations. When it comes to the COVID-19 pandemic, new guidance is being released at a blistering pace. Prior to reopening your […]

Just in Time: Florida’s New Receivership Statute

Just as lenders are working through their portfolio of distressed commercial real estate loans, looking for remedies to address dissipating collateral, preserve the value of the property, and minimize their exposure, Florida’s new receivership statute, Florida Statutes Chapter 714, has arrived and is effective July 1, 2020. What was once a loose body of common […]

COVID-19 and Filing Insurance Claims for Businesses

Business owners who have had their businesses affected by the COVID-19 pandemic should proactively analyze whether they have valid insurance claims or whether they may be entitled to possible government relief if traditional claims are denied.  Because insurance policies and relevant factual scenarios are so different, business owners should immediately consider policy reviews with their […]


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