By Philippe Lieberman Over the last two or three years, I have encountered scenarios where the traditional rule – that a relationship between a lender and borrower is an arm’s length transaction – is called into question and creates potential lender liability. 1) As real estate development in Florida has …

By Abbey L. Kaplan The scenario: you are at a charity event sponsored by a real estate development firm and the MC, the company president, asks if anyone wants to buy his lavish home for $5,000.  A man in the audience shouts “I’ll take it!”.  The man does not pay the $5,000 before …

By Michael S. Perse Last week, the Third District Court of Appeals’s decision in AG Group Investments, LLC v. All Realty Alliance Corp. provided those of us who handle foreclosure cases with a much-needed review of Florida law.  Simply stated, the Third reminded parties that junior lenders still have rights and their …

By Abbey Kaplan    I was awake at 4:58 this morning, the result of a brighter than usual light coming from my the alarm on the side of my bed.  Maybe it was a signal because I immediately started to compose my thoughts for this message. Regardless of where I …

By Jorge R. Delgado Among the classes of protected speech under the First Amendment, commercial speech does not rank in the highest echelons.  But businesses should not be quick to dismiss a potential constitutional challenge to governmental regulation that improperly infringes on their right to advertise, exchange information, or engage …