On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow suit effective October 1, 2024.
The new laws are similar to existing state data privacy laws in that they grant consumer protections and
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Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals
In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the property’s cash flow and identify any potential risks or liabilities. However, determining whether tenants are indeed adhering to their lease obligations…
Florida Loses Wetland Permitting Authority
In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands permitting program violated federal law. The court’s decision, which came as a result of a lawsuit filed by seven environmental groups,…
Beyond Closing: The Power of a Gap Indemnity
In a typical real estate transaction, there’s often a critical period between the closing and the official recording of documents—a period aptly known as the “gap.” This “gap” introduces a degree of risk, leaving room for unexpected encumbrances like liens or adverse judgments to rear their heads before the ink dries on the transaction documents.…
Florida’s Foreign Entities Act Declared Unconstitutional in Recent Ruling
In a recent legal development, the 11th US Circuit issued a consequential verdict in Shen v. Simpson, a federal lawsuit challenging Florida’s Conveyances to Foreign Entities Act (SB 264), which restricts individuals from China and other “foreign countries of concern” from owning real property in the state. This ruling has far-reaching implications for the constitutional…
Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property
In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy:
- Avoiding potential trademark infringement claims, and
- Protecting the business’ brand through trademarks
In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property.
Terminating an employment relationship carries…
Michigan Court of Appeals Strikes State PFAS Drinking Water Standards
On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule establishing drinking water standards for seven PFAS[1] compounds. The required regulatory impact statement (RIS) did not consider compliance costs…
Nevada’s Cannabis Industry Takes Another Step Forward
Four significant bills that will undoubtedly impact cannabis regulation in Nevada were recently signed into law by Nevada State Governor Joe Lombardo (R). The legislation makes a series of amendments to the state’s existing cannabis laws, including minimizing penalties and fees, reforming sales tax law, doubling the legal personal possession limit, consolidating licensing rules, and…
Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm
Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction
On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a certificate for environmental compatibility and public need (“Certificate”) to construct the Emerson Creek Wind Farm, effectively authorizing…
Why Katy Perry’s “Roar” Can Be Powerful Against Narcissistic Abuse
It is very likely you know someone who exhibits narcissistic tendencies. The person who feels they are always right, lacks empathy for others, and is obsessed with power and control. Most of the time, we can ignore those tendencies, overlook them other times, and in many cases, just avoid the person entirely.
However, when you…