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Author: Jimerson Birr

2018 Legislative Changes to the Florida Homeowners’ Association Act

May 1, 2018 Community Association Industry Legal Blog

On March 23, 2018, Governor Rick Scott signed into law the 2018 legislative changes to the Florida Homeowners’ Association Act.  These changes become law on July 1, 2018.  This blog post provides a detailed summary of these statutory amendments affecting Florida’s homeowners’ associations: Official Records: Excludes from the official records […]

Coming to Terms: Important Issues and Considerations in Drafting M&A Agreements — Part II: Representations, Warranties, and Disclosure Schedules

April 30, 2018 Professional Services Industry Legal Blog

Last month, I posted a brief overview blog regarding the drafting and negotiating of the purchase and sale agreement in an M&A deal.  Then I began a series detailing three of the most important sections of the purchase and sale agreement: (1) the economics, (2) representations, warranties, and disclosure schedules, and (3) indemnification.  This blog on the representations, warranties, and disclosure schedules in the agreement will dive deeper into a complex part of the agreement.

Relevant Issues in Punitive Damage Claims in Business or Commercial Litigation

April 18, 2018 Professional Services Industry Legal Blog

I initially wrote an Overview of Florida Law on Punitive Damages Claims in Business or Commercial Litigation a few years’ ago. This article is meant to build upon the information provided in my initial article. In Federal Court, there is no requirement to proffer evidence of punitive damages prior to seeking financial net worth discovery. It is really important to understand this concept because in Federal Court it is much more difficult to prevent financial discovery then in State Court.

Comfortably Numb: What to Consider When Considering Joining as an Additional Insured in a Construction Project

April 11, 2018 Construction Industry Legal Blog

Construction worksites are frequently dangerous, and nobody wants to be on the hook for a subcontractor’s unsafe practices. It is increasingly common for construction contracts to require subcontractors to name general contractors as additional insureds in their insurance policies. The purpose of these additional insured provisions is to allocate the […]

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