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 from any department or agency of the United States”; or (3) “information from any protected computer.” Among other acts, the statute also criminalizes ...
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 of the existing rule becomes effective upon publication on May 6, 2021. The announcement can be accessed here.
This is a critical issue, especially given the rise in workers in the so-called “gig economy” that includes ...
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 he told ERCOT’s board of directors that he is refusing to accept $800,000 severance payment. This is just the latest example of business leaders disputing the terms of their separation. Chief executive officers at Crossfit, Parler, and Credit ...
Gunster was proud to be a sponsor of the keynote presentation, the Florida Venture Capital Conference and is proud to support the Florida Venture Forum. Milton Vescovacci is a board member of the Forum and is a corporate attorney who works closely with entrepreneurs and investors in venture capital and private equity transactions.
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 unique culture of Gunster. He joined the firm as a litigator in 1980, and in 2000, he took on management responsibilities. From 2002 –2008, Don led the firm with a steady hand as its managing shareholder. After his tenure as managing shareholder, Don ...
“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 above and beyond for both his clients and Gunster. Ed was a tremendous community leader and had a special calling to help the less fortunate. Ed’s mission in life was to make a positive impact on every person he met and to help as many people as possible. Ed will be remembered for his great ...
“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 changed the way the world is for women in America, leading the fight in the courts for gender equality.
Justice Ginsburg was the Founder and General Counsel of the ACLU’s Women’s Rights Project; by 1974, the project had ...
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 business, you should consider the federal guidance that has been published regarding health and safety for workplaces, anti-discrimination, and wage and hour issues. This includes guidance from the Centers for Disease ...
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 law and unevenly applied judicial discretion for the appointment of a receiver has now been codified, giving commercial lenders (and borrowers) detailed guidance as to how, and when, and for what purpose a receiver may be ...
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 agent and/or lawyers, as well as notifying their carriers of potential losses. The stakes are obviously high; business survival may depend on it.
Claims
Let’s start with the business ...
