Common Mistakes With Estoppel Letters - Case StudiesAllen J. Heffner and Bruce E. Loren | Mar 05 2019

In addition to the Notice of Assignment, the Estoppel Letter is the single most important document for a Factor. If a Factor receives an Estoppel Letter signed by the Account Debtor, the Factor lowers the risk of non-payment of the invoice and greatly increases its likelihood of collecting money from the Account Debtor, should the need for litigation arise.

This article focuses on real-life examples of Factors who unfortunately made some self-inflicted mistakes with respect to its Estoppel Letters and lessons that can be learned from those experiences.


Are Employers Required to Provide Accommodations Under Florida's Medical Marijuana Act?Bruce E. Loren | Feb 22 2019

Employers May Maintain the Status Quo…For Now

Now that Florida has allowed medical marijuana to be legally prescribed, businesses are concerned how these laws will affect their ability to enforce a "drug free workplace." The ADA requires employers to provide reasonable accommodations to qualified employees with a disability, unless doing so would pose an undue hardship. Typically, courts have found medications and their side effects must be accommodated.


The Difficult Issue of “No Call, No Show” Employee AbsencesBruce E. Loren, Esq. and Michael G. St. Jacques, Esq. | Dec 09 2018

Employers often encounter “no call, no show” scenarios when an employee fails to show up to work without giving any notification. While disruptive, employees who do not give notice before missing work are protected under the ADA and FMLA. Employers should be cautious before disciplining or terminating “no call, no show” employees without gathering some additional information. Savvy employers will plan ahead to protect their business from unreliable players.


COMMON MISTAKES WITH NOTICES OF ASSIGNMENT – A CASE STUDYBruce E. Loren, Esq. and Allen J. Heffner, Esq. | Dec 08 2018

The Notice of Assignment is probably the single most important document for a Factor. Understanding what needs to be included in the Notice of Assignment, how to send it, and who to send it to can mean the difference between getting paid or not.

This article focuses on a real-life example of a Factor who unfortunately made some self-inflicted mistakes with respect to its Notice of Assignment and lessons that can be learned from that experience.


REDUCING CHANGE ORDER DISPUTES AT THE TIME OF YOUR CONTRACTBruce E. Loren, Esq. and Kyle W. Ohlenschlaeger, Esq. | Dec 08 2018

Change order disputes have always been a significant portion of any construction attorney’s practice, and dealing with change orders are generally the biggest points of contention for general contractors and subcontractors as well. When asked to review our client’s contracts, we often encounter two competing provisions on the issue. The first requires a written change order for the subcontractor (or general contractor in a prime contract) to be entitled to additional compensation. This provision takes on many forms, but generally looks like this:


Additional Protections for Contractors Who Receive an Assignment of BenefitsBruce E. Loren, Esq. and Michael G. St. Jacques, Esq. | Nov 07 2018

After a hurricane, Florida homeowners in need of repairs often execute an “assignment of benefits” in favor of their contractor, hoping to have their property repaired without any out of pocket cost (except for the deductible) and without the hassle of dealing with their insurance company. An “assignment of benefits” to a contractor is a very popular method to accomplish that goal, but the contractor should be aware of pitfalls and best practices to ensure it gets paid.


INEFFECTIVE ESTOPPEL LETTERS AND LIEN RELEASES – A CASE STUDY (Construction Factoring) Bruce E. Loren, Esq. and Allen J. Heffner, Esq. | Oct 05 2018

The Estoppel Agreement (or sometimes called a no set-off letter) is a letter sent by the Factor, signed by the Account Debtor, confirming that an invoice to be purchased is due and owing and will be paid to the Factor without setoff, recoupment, defense, or counterclaim. No matter what type of receivables you are factoring, Factors should always try to obtain Estoppel Agreements from Account Debtors. It is an incredibly useful tool that increases the likelihood the Factor will get paid and extremely limits the Factor’s risk – so long as it is done properly.