Apr. 11, 2022

Congressional Inaction Stifles Uptick in Florida Small Business Bankruptcy Filings

As Published in the Daily Business Review

Florida leads the nation in small business bankruptcy, but a legislative lapse means Chapter 11 is temporarily off the table for thousands of commercial debtors.

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Apr. 7, 2022

While the left has taken leave of its senses, Florida’s leaders have shown common sense

As Published in the Miami Herald

An op-ed by Tripp Scott's Ed Pozzuoli

I enjoyed a moment of amusement recently in reading a news analysis suggesting that Florida Gov. Ron DeSantis, a “master of messaging,” had been “outmaneuvered by the three-word catchphrase ‘Don’t say gay’.”

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Mar. 21, 2022

Why it is safe to join the Board of your HOA

A SPECIAL REPORT by Tripp Scott's Chuck Tatelbaum

When residents of our neighborhoods are approached about joining the board of the area's homeowners association, quite often the response is "I would love to do it, I and my employer are concerned about any potential liability as a result of being a director."  While at one time, this may have been a valid concern, based upon current applicable federal law, volunteers who serve on boards of directors of not-for-profit associations or organizations are, except in limited special circumstances, immune from any claim for directors' liability for their service as a board member.

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Mar. 11, 2022

Who knew Canada had its own version of Cuban-style oppression?

As Published in the Miami Herald

A government has reported “790 people indicted for acts of vandalism against authorities, people and assets, as well as serious disturbances of order” relating to recent street protests. 


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Mar. 2, 2022

The Right Team Cures Developers' 'Blind Effect'

A SPECIAL REPORT by Tripp Scott's Gregory McAloon as published in Florida Trend

The Florida-bound migration fueled by the pandemic has created a new-construction land rush and development boom. From coastal communities to cities in the center of the state, developers have bought up property and unfurled plans to capitalize on the demand for residential and commercial capacity.

Some developers new to a region, however, suffer the “blind effect.” They may be skilled in bringing projects from raw dirt to full occupancy. In a community where they’ve never worked before, however, there may be a newcomer blind to the local spirit and players.

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Lease Agreements and Attorney Review: Invest Now or Later

SPECIAL REPORT by Tripp Scott's Matthew Zifrony as published in the FLORIDA TREND

A current or prospective tenant is presented with a lease contract with
several seemingly untenable terms. The landlord says the contract is non-negotiable. The tenant takes him at his word, quickly signs and returns the contract, and hopes nothing bad arises.

Bankruptcy Courts' Powers to Sanction Attorneys, Others Expanded by New Appellate Ruling

As Published in the Daily Business Review

An Op-Ed featuring analysis from Tripp Scott's Chuck Tatelbaum and Corey Cohen

While it has been long recognized that bankruptcy courts have the power to sanction attorneys and litigants pursuant to Rule 9011 of the Bankruptcy Rules of Procedure (a rule that is almost identical in substance to Rule 11 of the Federal Rules of Civil Procedure), a recent appellate ruling clarifies and expands the power and authority of bankruptcy courts to sanction attorneys and litigants based upon the inherent power of the bankruptcy court as well as the broad authority granted by Section 105(a) of the Bankruptcy Code. 

Critical Drafting Considerations for LLC Members' Operating Agreements

SPECIAL REPORT featuring analysis from Tripp Scott's Paul O. Lopez and Brittany Hynes

As Published in the Daily Business Review

If an operating agreement is in place and not drafted correctly, the parties could inadvertently broaden this narrow exception under Florida law and create avenues for direct claims by and between one another which are not generally available to them under the Florida Revised Limited Liability Company Act (the Revised LLC Act).

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