Solar Powered Advertisement is Deceptive

A business installs photo voltaic panels on its roof to generate power, and advertises that it is “solar powered.”  The business, however, sells the Renewable Energy Certificates (RECs) that are generated by the solar power. Even if the business is near net zero for electricity generated by the solar panels, according to guidance from the Federal Trade Commission; it has, by selling RECS, transferred the right to characterize that electricity as renewable. View Full Post
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Tennessee Prohibits Eminent Domain for Industrial Parks.

Tennessee has enacted a law that will prohibit the use of eminent domain to condemn land for industrial parks. It deletes the “industrial parks” exception for takings under 29-17-102 (E), . It also provides that any property taken must fall under the strict definition of “public use” as defined by T.C.A. View Full Post
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Texas Considers Eminent Domain Bill

The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve learned through the process that there are things that can be improved on.” The bill, SB 740, would require a condemnor to clearly inform landowners that they have the right to speak with a representative of the condemnor and a representative of the Attorney General’s Office, as well as consult with a licensed real estate broker. View Full Post
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Courts Will Not Second-Guess Development Decisions When the Findings Are Supported by Substantial Evidence

On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts give to local land use findings for development projects. View Full Post
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Becker & Poliakoff Construction Practice Group Receives Top Ranking in 2017 Chambers USA Guide

header_flipper_chambers Ft. Lauderdale, May 26, 2017 — The 2017 Chambers USA Guide, one of the legal profession’s most preeminent rankings directories, has ranked Becker & Poliakoff’s Construction Law and Litigation Group and its chairman, Steven Lesser, in its top tier of Florida’s construction law practices and attorneys. View Full Post
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Inside the Nation’s Varying Contractor Licensing Rules — and How They Impact Business

Construction Dive Magazine This article originally appeared in Construction Dive Magazine, May, 2017, Reprinted with Permission. Lee Weintraub, Florida Construction Defect AttorneyIn an effort to safeguard their residents against fraud and the chaos that can result from unprofessional behavior or lack of experience and knowledge, most states have some kind licensing procedure in place for professions like lawyers, physicians and real estate agents. View Full Post
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Some Further Thoughts On Medical Verifications for Emotional Support Animals

A couple of interesting emotional support animal medical verification questions have hit my desk over the past month. First, recall that case law on the issue of permissible credentials of a medical or health care professional is a bit unclear. Individuals who are licensed by a public regulatory authority (such as a state) to provide medical care, therapy or counseling to persons with disabilities certainly qualify. View Full Post
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Update: Construction Defects Reform Bill Passes, is Signed by Governor

Late last month, we told you about an important bill introduced in the Colorado General Assembly.  The bill had passed in the Colorado House of Representatives, and was headed for the Senate.  It was drafted to address the sharp decrease in condominium construction in this state, caused by developers’ fear of construction defect claims brought by condominium homeowners’ associations.  View Full Post
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Process & Best Practices for Hedge Fund Due Diligence

By | New Miami Blog | May 26, 2017
0524_HedgeFundSocialJoin us Wednesday, June 7th, for an in-depth panel discussion for family offices and other investors about the process of conducting due diligence on potential hedge fund investments and the best practices by which to do so. Corporate Partner Josh Stone joins Glide Capital Managing Partner Mark Fitzpatrick and Kaufman Rossin Principal Robert A. View Full Post
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