Author: Roger Kuznia

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Summarizing Proposed Changes to Florida Rules of Civil Procedure

The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two[1] separate[2] per curiam opinions introducing proposed substantial amendments to the Florida Rules of Civil Procedure (the “Rules”) in order to expedite what has proven to be a backlog of cases (recently, a judge in Miami-Dade County stated…
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New Domestic Content Adder Guidance: ‘Buy American’ is Back

On May 16, 2024, the Department of the Treasury and the IRS announced the release of Notice 2024-41,[1] which clarifies the safe harbor for classification of project components created in Notice 2023-38 and provides a new safe harbor for the domestic content bonus credit percentages for clean energy tax credits offered under the Inflation Reduction…
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Noncompete, Overtime Rules Change, But Legal Challenges Remain

April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of employers and employees nationwide. There are important items and deadlines for both rules which employers will have to comply with absent…
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Should Solar Developers Pursue Community Solar? Incentives Can Be Key

With the proliferation of renewable energy and sustainable technologies, individuals of every income range have tried to find ways to benefit from the technological advances. Those who have the resources and interest may purchase an electric vehicle; those who want to minimize their carbon footprint may use more efficient heating and lighting; but those who…
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Allocating Risk in Real Estate Sales: Representations and Warranties

Although a majority of buyers in real estate transactions rely on their own inspections of property, most real estate purchase and sale agreements contain some seller representations and warranties regarding key factual matters that the buyer cannot independently verify. These representations and warranties serve as closing conditions as well as a basis for post-closing indemnification.…
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How Bonus Depreciation Can Be A Timely Tool in Real Estate Deals

So, you’re a real estate investor accustomed to tax mitigation strategies and you are starting to think about your next big project. With that comes so many streams of thought — location, timing, interest rates, partnerships, and, possibly, the most crucial thing, tax incentives. In recent years, bonus depreciation in connection with real estate transactions…
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New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research and deployment company were named as defendants in a copyright infringement lawsuit filed by The New York Times (the “Times”) in the United…
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Easements: How They’re Established, Extinguished And Much More

Easements are a long-recognized tool and staple of property transfer and ownership in the United States. They are a property right that can reflect an ownership interest in land to non-owners of the property which they encumber. The most basic definition of an easement is a right which runs with the land that allows a…
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Lessons For Founders From Sam Altman’s Short-Lived OpenAI Ouster

We’ve all read countless headlines and articles about the removal and swift return of Sam Altman as CEO of OpenAI over the past several weeks. Simply put, the nonprofit board voted to remove Altman as a result of a disagreement concerning the safety of AI and allegations that Altman was not consistently candid in his…
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How 2024 Employment Law Updates Affect Your Wallet, Unions & More

As could be expected in 2023, employers have had to adapt to an ever-changing landscape of employment laws, regulations, and in the case of the National Labor Relations Board (NLRB) a growing library of general counsel memoranda. Here’s a snapshot of several important employment law developments that employers should understand heading into the new year.…
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