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Category Archives: Blog Posts

Commercial Landlords Faced with a Tenant Bankruptcy Have Financial Opportunities if Legal Counsel is Retained

Because of the COVID pandemic and the resulting state of the economy, Commercial landlords have never been faced with a more uncertain time than today. Commercial property management companies, landlords and real estate owners alike are faced with retail tenants, such as Stein Mart, JOS Banks, and others, filing for Chapter 11 protection or pursuing […]

Ten Practical Tips & Tricks for Renovating Your Home

Historically, many of us want to avoid the dentist, taxes, and living in a construction war zone.  Although many of us want to live without the dust or noise—myself included—we all know maintaining a house is an ongoing project.  Whether you are building a home or performing any renovations, however, the effort is not as […]

Englander Fischer attorneys Lenny Englander, Courtney Fernald and Jamie Prockop were recently named one of America’s Top 100 Bet-the-Company Litigators

Englander Fischer attorneys Lenny Englander, Courtney Fernald and Jamie Prockop were recently named one of America’s Top 100 Bet-the-Company Litigators®.  The membership includes some of the most exceptional litigators from across the country. To be considered for selection, an attorney must have litigated a matter with the fate of a business worth at least $2,000,000 […]

FLORIDA’S NEW UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT (“UCRERA”)

On the eve of the onslaught of foreclosures that will unfortunately begin because of the devastating effect of COVID on commercial mortgages, effective July 1, 2020, the Governor signed into law the UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT (“UCRERA“). UCRERA specifies the circumstances under which a receiver may be appointed for commercial real estate, the […]

Landlord/Tenant Practice in the Era of Covid-19

The COVID-19 crisis led to forced closings of many businesses throughout the state. While many commercial tenants applied for and received government loans to assist with rent obligations, it has not been enough. As a result, I’ve heard firsthand from my commercial landlord clients who are also suffering over the loss of income from their […]

Business triage re: COVID-19.

We at Englander Fischer are reaching out to our valued clients and friends to lend our experience regarding the wide-ranging impact of the 2019 Novel Coronavirus disease (COVID-19). Your businesses should take immediate steps to minimize disruption and protect their future interests. This includes looking to your existing business agreements, insurance policies, and contracts, that […]

City Council May Vote to Permanently Prevent Development of Residential Properties on 16,000 Acres Throughout St. Petersburg

City Council May Vote to Permanently Prevent Development of Residential Properties on 16,000 Acres Throughout St. Petersburg City Council is currently split in its decision whether to pass an Amendment to St. Pete’s Comprehensive Plan, which would keep open the door for potential residential development in the City’s Coastal High Hazard (“CHHA”), those areas in […]

Non-Compete Provisions in Employment Agreements

Q: Are all non-compete provisions enforceable? A: No. Florida law only allows enforcement of written non-compete agreements that protect one or more legitimate business interests. A non-compete agreement that is not supported by a legitimate business interest is void and unenforceable. Legitimate business interests include: (1) trade secrets, (2) confidential business information, (3) substantial customer […]

Real Estate Contract Provision Regarding Agents

Real Estate Contract Provision Regarding Agents A recent 2016 First District Court of Appeal case has addressed a common provision in a Florida real estate contract that was designed to protect real estate agents. The contract language provides that the purchaser shall rely solely on the representations of sellers and third parties, other than the […]

Notice To Owner Exceptions Still Exist in Florida

Notice To Owner Exceptions Still Exist in Florida Under normal residential and commercial construction projects, subcontractors are not in direct privity with an owner. Thus, the subcontractor who wants to protect his or her lien rights files a Notice to Owner (“NTO”). The NTO must be filed before commencing work or within 45 days from […]

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