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“Direct Versus Derivative in Shareholder Litigation: Is It an Ad Hoc Inquiry?” – Today’s General Counsel

01.16.2019
Jon Polenberg

Whenever a shareholder brings a claim involving the company’s officers and directors, the court must decide whether the shareholder is suing for harm suffered individually, and the claim is direct – or if the alleged harm is suffered by the company, and the claim is derivative. Distinguishing between direct and […]

Areas of Focus: Business Litigation, Corporate Governance Disputes

“Hurricane Insurance Claims for Condominium Associations” – FLCAJ Magazine

01.11.2019
Sanjay Kurian

There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure […]

Areas of Focus: Condo, Co-Op & HOA, Disaster Recovery, Property Insurance Claims, Construction Law & Litigation

“Emotional Support Animal” – FCAP Managers Report

01.10.2019
Steven H. MezerJoAnn Nesta Burnett

The following is a paraphrased example of the one question that we are asked most frequently: “I live in a condominium, which has had a “no pet amendment” since it was built.  A person recently purchased a unit and has been seen with a dog that barks all the time.  […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

“Construction Deposits, A New Reality to be Managed” – FCAP Managers Report

01.10.2019
Steven H. MezerConrad J. Lazo

For many condominium and homeowners’ associations, 2019 will be a year to consider long overdue construction projects.  The 2018 legislature made it clear to condominium associations that if the project resulted in a modification of the common elements, a prior vote of approval by the membership is required.  Also, some […]

Areas of Focus: Condo, Co-Op & HOA