It is with great sadness that I write about the passing of Mr. David Shear, one of our colleagues in the Tampa office of Gunster.
New air regulations on horizon; Florida rulemaking process to begin
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.
Game changer: Florida Legislature expands enforcement power of state in RICO actions
HB 549 adds statutory penalties for businesses ($1 million) and individuals ($100,000) targeted under the RICO act.
ADA changes present pitfalls for employers, HR
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.
Can employers require political action from employees?
While political activity and freedom of speech are the crown jewels of our democracy, employers need to be wary of potential claims of coercion by employees.
Pros & cons of noncompete agreements
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.
Issues to watch in Florida’s 2016 legislative session
Here are the top issues for Florida legislators this session, according to Gunster’s government affairs law & lobbying team.
To what extent should we memorialize the goings-on at executive sessions of our company’s board of directors?
Confidentiality is a big concern and can drive decisions about exactly how much to document – brief descriptions are key.
Update on EPA’s ‘Waters of the U.S.’ rule
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).
Using demonstrative evidence at trial
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.
