Getting through law school and passing the bar exam are only two parts to becoming an attorney in most states, including Florida, where I live and practice. Often overlooked, the proof of character and fitness requirement for…
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/ Administrative Law, Education Law
The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses…
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/ Intellectual Property, Privacy, Science, Computers, & Technology
In Florida, if you want to use surveillance footage at trial, you have to provide a copy to the plaintiff beforehand. After you provide the footage, the plaintiff might seek to compel the private investigator’s report as well,…
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/ Civil Procedure, Consumer Protection, Privacy
The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law, Law Practice Products & Services
Orlando firms need to make sure they aren’t among the thousands of U.S. businesses that potentially were tricked by scams to inadvertently file fraudulent employee retention credit claims — something punishable by fines and even…
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/ Business Organizations, Criminal Law, Taxation
Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related issues…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Insurance, Professional Malpractice
The Florida Third District Court of Appeal recently ruled that the trial court did not abuse its discretion in striking Plaintiff’s causation expert in a medical malpractice case. In Berta Fertil v. University of Miami, Fertil…
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/ Civil Procedure, Personal Injury
Success in defending against a personal injury lawsuit starts with the business’s response to the injury-inducing event.
Personal injury lawsuits often turn on evidence that is created at the scene of the alleged injury. A…
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/ Business Organizations, Business Torts, Civil Procedure, Personal Injury
New Amendment Reiterates and Reinforces the Existing Standard for Admissibility of Expert Testimony -
On December 1, 2023, the United States Supreme Court adopted the Rules Committee’s proposed Amendment to the Federal Rules…
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/ Civil Procedure
The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the challenge…
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/ Administrative Law, Business Organizations, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food establishments…
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/ Business Torts, Consumer Protection, Personal Injury
Owners of bars, taverns, restaurants and other establishments serving alcohol kept a close eye on a case before the Supreme Court of Florida this year. At issue was a $28.6 million jury verdict against a bar awarded to a young…
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/ Civil Procedure
On June 28, 2024, the United States Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo that overturned the “Chevron deference” standard laid out in Chevron, U.S.A., Inc. v. Natural Resources Defense…
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/ Administrative Law, Civil Procedure, Constitutional Law
On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the State…
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/ Administrative Law, Constitutional Law, Criminal Law
Subject matter jurisdiction describes the power and authority to adjudicate a case, and to enter a valid, binding judgment. This power is derived from Alabama’s constitution and its statutes…
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/ Civil Procedure
