Rights of first refusal (“ROFR”) and rights of first offer (“ROFO”) are restrictive covenants that a property owner (“Owner”) can place on their property granting a third party (“Holder”) the right to purchase that property before the Owner can sell it to someone else.  While similar in nature, a key...Read More

On March 25, 2026, the Supreme Court issued a decision in Cox Communications v. Sony, addressing matters related to the Digital Millennium Copyright Act. The Court determined that Cox did not encourage or induce its users to violate the copyrights of songwriters, performers, bands, or singers. Sony, which had previously...Read More

Specificity in drafting allows contracting parties to allocate risk with precision and enable efficient dispute resolution. Unclear contractual language can foster disputes and litigation. In addition to offering helpful drafting suggestions, this article will discuss the impact of ambiguous language in commercial...Read More

HUD-insured multifamily loans remain one of the most stable sources of long-term financing for apartment, affordable housing, and healthcare projects, particularly during periods of market volatility and constrained conventional lending. While HUD financing offers attractive features, including long-term fixed...Read More

Due to widespread population growth, job creation and long-term rental demand, Florida continues to attract multifamily development. However, Florida’s regulatory framework, insurance environment and lender expectations can create unique risks that impact timelines and overall investment returns.Read More

Effective October 1, 2025, Florida has repealed § 212.031, Florida Statutes, eliminating the state sales tax, including any discretionary local surtaxes, on the rental of commercial real property.Read More

Effective July 1, 2025, Florida’s construction industry is now operating under a new legal requirement that directly affects how change orders are processed on public projects.Read More

On July 28, 2025, the Department of Commerce issued a letter to Orange County declaring the Vision 2050 Comprehensive Plan adopted by Orange County null and void.Read More

With the passage of the Florida Contract Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “CHOICE Act”), which took effect on July 1, 2025, Florida has emerged as one of the most favorable states for employers seeking to enforce noncompete and related garden leave agreements...Read More

Federal Judge Adam B. Abelson has issued a nationwide preliminary injunction against key parts of two DEI executive orders, citing constitutional concerns. The orders were challenged for vagueness and First Amendment violations, particularly regarding viewpoint discrimination.

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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 280 lawyers located in eight offices across Florida.

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