Sep. 14, 2021

President Biden's Mandatory Vaccination Proclamation

SPECIAL REPORT BY TRIPP SCOTT'S CATALINA M. AVALOS

On September 9, 2021 President Biden issued COVID-19 vaccination mandates for federal employees and for private sector employers with 100 or more employees. Employees will have to get vaccinated or undergo Covid-19 testing at least once per week.  While we wait for specific guidance from the Department of Labor and other federal agencies that regulate the workplace, larger companies meeting the 100 or more employee threshold should begin planning for the implementation of the mandate and notifying their employees of the mandatory vaccination requirement so that employees can begin planning accordingly.  We anticipate that employers in the private sector will be given a reasonable amount of time to comply with the mandate.   For example, federal workers subject to this mandate are expected to receive a 75-day grace period to get vaccinated.   One thing seems to be clear though- the decision to require mandatory vaccinations in the workplace is no longer a matter of choice; at least for larger employers.

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Jun. 28, 2021

Tripp Scott Attorneys Garner Top Honors In Florida Super Lawyers Magazine

FORT LAUDERDALE, Fla., June 24, 2021 – Tripp Scott today announced that five of its attorneys have been recognized in the 2021 edition of Florida Super Lawyers Magazine.

Paul Lopez, the firm's chief operating officer, was named a "Florida Super Lawyer" in the category of employment and labor.

 

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Jun. 25, 2021

An Alert to Attorneys, Receivers and Trustees: Immunity From Suit May be Terminated Once the Case Has Closed

One hundred forty years ago, the U.S. Supreme Court held in Barton v. Barbour, 104 U.S. 126, 128 (1881), that before suit is brought against a receiver, leave of court by which he was appointed must be obtained. The so-called Barton doctrine has since been expanded to also include bankruptcy trustees and other fiduciaries, but a recent ruling by the Eleventh Circuit Court of Appeals has dramatically curtailed its lifespan. On June 15, the Eleventh Circuit issued its opinion in Chua v. Ekonomou, No. 20-12576, holding that once a receivership or bankruptcy proceeding is concluded, a litigant no longer needs to obtain permission from the receivership or bankruptcy court before initiating suit against the court-appointed receiver or trustee. By doing so, the Eleventh Circuit has also created a split among the circuits, creating possible jeopardy for receivers and trustees and paving the way for a possible return of the Barton doctrine to the U.S. Supreme Court. 

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Jun. 22, 2021

Mayor Trantalis Nominates Tripp Scott's Shari McCartney to Serve on the Fort Lauderdale Planning and Zoning Board

FORT LAUDERDALE, Fla., June 11, 2021 – Tripp Scott today announced that Shari McCartney, a director with the firm, was nominated by Mayor Dean Trantalis to serve on the City of Fort Lauderdale Planning and Zoning Board.

 

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May. 4, 2021

Sen. Marco Rubio Appoints Tripp Scott's Ed Pozzuoli to the Southern District Judicial Advisory Commission (JAC)

FORT LAUDERDALE, Fla., April 30, 2021 – Tripp Scott today announced that Ed Pozzuoli, CEO of Tripp Scott, was appointed by Sen. Marco Rubio to the Southern District Judicial Advisory Commission (JAC) for the 117th Congress.

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Categories


Fresh


An Unconditional and Irrevocable Personal Guaranty Not Always the Case When a Bankruptcy Court Is Involved

On Aug. 19, the Bankruptcy Court for the Eastern District of Wisconsin issued a decision that serves as a warning and a reminder for business and individuals alike who obtain personal guarantees as part of their business dealings. Indeed, an unconditional, absolute and irrevocable personal guaranty may not be so after all.

 

President Biden's Mandatory Vaccination Proclamation

SPECIAL REPORT BY TRIPP SCOTT'S CATALINA M. AVALOS

On September 9, 2021 President Biden issued COVID-19 vaccination mandates for federal employees and for private sector employers with 100 or more employees. Employees will have to get vaccinated or undergo Covid-19 testing at least once per week.  While we wait for specific guidance from the Department of Labor and other federal agencies that regulate the workplace, larger companies meeting the 100 or more employee threshold should begin planning for the implementation of the mandate and notifying their employees of the mandatory vaccination requirement so that employees can begin planning accordingly.  We anticipate that employers in the private sector will be given a reasonable amount of time to comply with the mandate.   For example, federal workers subject to this mandate are expected to receive a 75-day grace period to get vaccinated.   One thing seems to be clear though- the decision to require mandatory vaccinations in the workplace is no longer a matter of choice; at least for larger employers.

Reduce Liability Risk as Employees Return to the Workplace

For over a year, the world has responded and adapted for the COVID-19 pandemic. Businesses in all industries have been introduced to an assortment of changes, from expanded use of video communications to widespread remote work. 

Now, with the presence of COVID-19 vaccines, businesses can begin preparing for the new normal. As businesses start to return to the office, employers must remain cognizant and should each develop their own approach for safely transitioning back. In fact, how employers proceed could prove essential to their success.

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