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Counterfeit Confessions: Landlord’s Liability Extended to a Tenant’s Trademark Infringement

On August 7, 2019, the U.S. Court of Appeals for the 11th Circuit affirmed a ruling in favor of a luxury eye wear manufacturer against a mall owner for trademark infringement violations in the case of Luxottica Group, S.P.A. vs Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019). ...

Litigation Costs HOW Much? Can I At Least Deduct It?

Business owners often question whether the business will be able to deduct its legal expenses. The Fifth Circuit Court of Appeals in Cavanaugh v. Commissioner, 18-60299, 2019 WL 1430193 (5th Cir. Mar. 29, 2019) recently shed some light on this matter. The Court found that settlement payments and litigation expenses paid by a business regarding ...

PACE Loans in Florida: A Lender’s Perspective

Establishing the priority of a lender's mortgage lien during foreclosure or bankruptcy can be challenging when the collateral is also encumbered by governmental or quasi-governmental liens with unsettled lien priority. One such problematic example is the lien priority of PACE loans. Florida's "PACE" Program (which stands for Property Assessed Clean Energy) was created in 2010 ...

FAREWELL TO LIBOR: Preparing for the Effects of a Disappearing Lending Benchmark

For decades LIBOR (short for London Inter-bank Offered Rate) was one of the most commonly used benchmark interest rates for financial transactions. Derived from a daily survey of about 20 large banks, it was intended to reflect the interest rate at which banks lent to one another. However, confidence in LIBOR as an accurate reflection ...
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