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HHS limits the use of guidance documents in civil enforcement actions

May 1, 2021

HHS limits the use of guidance documents in civil enforcement actions
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Rachel L. Herlache

Rachel L. Herlache

Partner

One North Clematis Street
Suite 500
West Palm Beach, FL 33401
rachel.herlache@nelsonmullins.com

Rachel Herlache focuses her practice on all aspects of commercial real estate development, sales and acquisitions, operations and leasing. She represents developers in the development of complex commercial, multi-use, and residential condominiums and planned unit developments and developer controlled commercial associations. Rachel’s practice also includes representation of an array of corporate entities and real estate...

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Rachel Herlache focuses her practice on all aspects of commercial real estate development, sales and acquisitions, operations and leasing. She represents developers in the development of complex commercial, multi-use, and residential condominiums and planned unit developments and developer controlled commercial associations. Rachel’s practice also includes representation of an array of corporate entities and real estate investors in commercial leasing transactions.

Rachel L. Herlache

investors in commercial leasing transactions.

Rachel Herlache focuses her practice on all aspects of commercial real estate development, sales and acquisitions, operations and leasing. She represents developers in the development of complex commercial, multi-use, and residential condominiums and planned unit developments and developer controlled commercial associations. Rachel’s practice also includes representation of an array of corporate entities and real estate... investors in commercial leasing transactions.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Focuses on representing developers in connection with the development of commercial, multi-use, and high-end residential condominiums; drafting, filing, and amending condominium documentation with the Florida Division of Condominiums; and implementation of ILSFDA regulations for the sale of subdivided property
  • Development experience also includes representing developer-controlled property, homeowner’s and condominium associations through turnover and pre-litigation construction defect matters
  • Represents developers in connection with land assemblage, land use and zoning entitlements, commercial and residential planned unit developments; drafting restrictive covenants and conditions together with association entity documents; negotiating and drafting of long-term ground leases for commercial development
  • Experienced in commercial leasing transactions, including drafting and negotiating retail, office, and industrial leases
  • Has represented lenders and borrowers in a wide array of financing transactions, including business financing, loan restructures, refinancing and workouts
  • Well-versed in corporate law and the acquisition and sale of business transactions with a real estate component

Previous Professional Experience

  • Adjunct professor of law at Nova Southeastern University, Shepard Broad Law Center, where she wrote the curriculum for and taught Complex Real Estate Transactions

Education

  • Nova Southeastern University Shepard Broad College of Law, JD, summa cum laude (2002)
  • Florida Atlantic University, BA, Criminal Justice (2000)
  • Illinois Institute of Art, BA, Interior Design (1993)

Admissions

  • Florida
  • U.S. District Court for the Southern District of Florida

Practice Areas

Industries

  • Former Board of Directors, Chamber of Commerce of the Palm Beaches
  • Gold Coast Builders Association
  • Palm Beach County Bar Association
  • Peggy Adams Animal Rescue League 
  • Kids Cancer Foundation
  • Former Mentor, AVDA (Aid to Victims of Domestic Abuse)
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