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Commentary

Commentary

Appeals Court Tosses Asbestos Case for Lack of Jurisdiction

Walter G. Latimer and Bruno Renda | August 16, 2018

On July 25, Florida's Fourth District Court of Appeal reversed a trial court decision in Southern Wall Products v. Stephen Bolin and Bakers Pride Oven Company, Case No. 4D18-875 (July 25, 2018), and ordered the dismissal of an asbestos defendant due to lack of personal jurisdiction.

Commentary

Personal Engagement Takes Essure Case Beyond Courtroom

Justin Parafinczuk and Marcus Susen | August 15, 2018

The Essure contraceptive was marketed as a way to give women highly reliable birth control and millions of women trusted the product to give them peace of mind. When the product failed, leading to pain, suffering, surgeries, even reports of deaths, addressing its failure and delivering resolution to those affected would require more than mass tort litigation.

Commentary

Clock Ticks for Irma Insurance Claims: Don't Leave Money on the Table

Walter J. Andrews and Cary D. Steklof | August 14, 2018

With the one-year anniversary of Hurricane Irma fast approaching on Sept. 10, policyholders who are still involved in insurance disputes may soon be forced to decide whether to file suit.

Commentary

Litigation Jobs Dominate in South Florida

Debra Frank Montero | August 13, 2018

Throughout the remainder of 2018, litigation should yield the greatest legal job prospects. More than half (52 percent) of U.S.-based lawyers surveyed by Robert Half Legal expect the litigation practice area to be the top driver of job growth at their law firms or companies in the second half of 2018, followed by general business or commercial law (12 percent) and real estate (9 percent).

Commentary

Is Insurance a Safety Net for Phishing or Whaling Attacks?

Walter J. Andrews | August 08, 2018

Just when one thought it was safe to go back into the water companies are being victimized by sophisticated and pervasive social engineering fraud attacks.

Commentary

A New Mother’s Guide to Pumping During a Jury Trial

Jennifer Feld | August 07, 2018

My first five-day jury trial was four weeks after I returned from maternity leave. I knew I had to allot time for pumping but I was not sure about the proper procedure. As I now gear up for my second jury trial, I decided to dictate this article to Siri (while pumping, nonetheless) so that other new mothers might have some guidance.

Commentary

Fla. Medical Malpractice Caps: Unconstitutionality Ruling Is a Huge Win for Victims

James Haliczer | August 06, 2018

Recent rulings on the issue of Florida’s Medical Malpractice Arbitration caps on intangible damages have resulted in a significant win for victims.

Commentary

Weaponized First Amendment Does Not Protect Blueprints for Weapons

Thomas R. Julin | August 02, 2018

Gunster shareholder Thomas Julin sees no First Amendment protection for publishing blueprints that can be used by 3-D printers to make plastic guns.

Commentary

Court: Association Declaration’s Reference to Alterations Encompasses Material Alterations

Nicole R. Kurtz | August 02, 2018

The approval of board-proposed alterations to a condominium association’s common elements sometimes requires adherence to the general process prescribed by Florida law, which calls for an affirmative vote from at least 75 percent of the total voting interests in the association.

Commentary

A Warning to Serial Bankruptcy Filers and a New Remedy for Creditors

Jesse Cloyd | August 01, 2018

A situation that plays out far too often in bankruptcy courts: a debtor files bankruptcy on the eve of a foreclosure sale or the sale of a repossessed vehicle in an attempt to delay a lender from recovering and/or selling its collateral.

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Commentary

How Will the Next Generation of Condo Owners Change Fla.'s Shared Ownership Communities?

Donna DiMaggio Berger | July 31, 2018

Despite statistics proving that the age of condominium owners in the Sunshine State is trending younger and younger these days, the stereotypical notion of a condominium dweller being retired and overly concerned with the lives of his or her neighbors still prevails.

Commentary

Turning the Plaintiff Against Itself Using the Wrongful Conduct Rule

Jason Domark, Charles C. Kline and Reid Kline | July 30, 2018

“A lot of money can be made if you’re willing to trip over a few penal statutes along the way.” That is how one court described a plaintiff’s actions in the context of the wrongful conduct rule.

Commentary

Know What You're Voting On: It's Important and It Takes Vigilance

Harvey J. Sepler | July 27, 2018

In a democracy, there is nothing more important than the right to vote. It is from there that enforcement of many of our other constitutional rights springs. But protecting the integrity of the voting process takes vigilance.

Commentary

In Defense of a White, Middle-Aged Male

Vivia Chen | July 26, 2018

Comparing pregnancies to illnesses and questioning the necessity of a 90-day-plus leave were boneheaded moves for the Shook Hardy partner placed on leave over opposing counsel's continuance request, but they shouldn't make him the poster boy for bad male behavior.

Commentary

Get In It to Win It. How to Make Social Media Work for You

Julie Talenfeld | July 26, 2018

Social media in the digital realm began a decade ago as a few websites that connected friends and families. Today, it is an indispensable tool to drive business, nurture client relationships, and elevate brands to the next level.

Commentary

Employers Should Take Proactive Steps to Avoid LGBT Discrimination Lawsuits

David R. Ruffner | July 25, 2018

As a practitioner in South Florida, I often defend businesses in the health care industry against employees’ claims of discrimination, including claims of discrimination based upon sexual orientation.

Commentary

Trade-Based Money Laundering—South Florida Is in the Bull’s Eye

Robert J. Becerra | July 24, 2018

Miami is blessed with year-round warm weather, beautiful beaches, cultural and ethnic diversity, and fortunate geography between the Americas and Europe.

Commentary

Supreme Court's Tax Decision Creates Just as Many Problems as It Solved

Howard W. Gordon and Carlos A. Lievano III | July 23, 2018

The Supreme Court's decision on June 21, 2018, South Dakota v. Wayfair, Inc., No. 17-494, 583 U.S. __ (2018), removed the physical presence rule in favor of an analysis that is better aligned with our modern commerce clause jurisprudence.

Commentary

Florida v. Georgia Equitable Apportionment Water Litigation: Where Do We Go From Here?

Craig Pendergrast | July 19, 2018

Where will the special master take the proceedings on remand? What will the Supreme Court do with a new report from the special master following those proceedings? What might Georgia do to improve its position while the litigation continues?

Commentary

The Florida Supreme Court Expands Rights of Biological Parents

Douglas H. Reynolds and Henny L. Shomar | July 19, 2018

Connor Perkins knew he was the father. He was there when his girlfriend Treneka Simmonds gave birth to their child in February 2013. He took the child to doctor’s appointments, enrolled the child in daycare, voluntarily paid child support and was referred to as “daddy” by the child.

Commentary

Circuit, Appellate Courts Issue Injunction Against HOA to Fix Flooding Problems

Michael L. Hyman | July 18, 2018

South Florida’s flooding woes are well documented, and the flood warnings at the start of this year’s rainy season in mid-May were a reminder that the problem continues to grow worse with every passing year.

Commentary

Red Hen Confusion Is a Trademark Lesson for All

Joseph R. Englander | July 17, 2018

The story of the Little Red Hen is old and familiar. None of the hen's animal friends would help make the bread. When asked to help, "Not I!" the grammatically correct animals would reply.

Commentary

Third DCA: Juries, Not Insurers, Have Final Say in Damage Estimates Disputes

Tara Faenza | July 16, 2018

The first party property claims community is reeling from a recent Third DCA decision that slayed the Slayton argument routinely cited in defense motions for summary judgment over the last few years.

Commentary

Lawyers as Emergency Responders After the Parkland High School Shooting

Anthony Karrat | July 13, 2018

In the case of the mass shooting at Marjory Stoneman Douglas High School (MSD), many attorneys from Legal Aid Service of Broward County acted as emergency responders for the students, families and teachers who were affected by the violence that ripped through the city of Parkland.

Commentary

Florida’s Attorney General Is Putting 'Tech Support' on Life Support

Jeffrey C. Schneider, Stephanie Reed Traband and Marcelo Diaz-Cortes | July 12, 2018

Since the early days of the internet, web-surfers have dealt with the annoyance of pop-up ads. Some pop-ups, however, do more than just annoy. Some serve a very specific function: to trick you into believing your computer is infected with malware and use that fear to sell you worthless “tech support” and software.

Commentary

Could Your Business Avoid an ADA Drive-By Lawsuit?

Stephanie N. Moot and Carol C. Lumpkin | July 11, 2018

Title III of the Americans with Disabilities Act (ADA) is designed to ensure that individuals with disabilities have equal access to the goods and services offered by a place of public accommodation.

Commentary

Why 'Bristol Myers' Doesn’t Apply to Class Actions

Tal J. Lifshitz and Rachel Sullivan | July 10, 2018

Class action defendants are attempting to rewrite longstanding principles of personal jurisdiction, trying to defeat certification of nationwide classes by arguing that a court lacks personal jurisdiction over out-of-state class members’ claims where the defendant does not reside in the court’s forum state.

Commentary

Tax Reform’s Underrated Commercial Real Estate Impact Amid Residential Frenzy

Jaime Sturgis | July 09, 2018

Following the approval of the federal tax reform bill, much of the discussion has centered on the legislation’s disproportionately negative impact on tax-heavy states and the anticipated influx of residents from those states relocating to tax-free states like Florida.

Commentary

News Outlets May Soon Face Negligent Security Lawsuits Under 'Fake News' Era

Christopher Marlowe | July 06, 2018

The tragic fatal shooting of five journalists at the Capital Gazette in Annapolis, Maryland is a powerful reminder that private grievances are resulting in mass executions with increased frequency.

Commentary

High Court Internet Tax Decision Is a Sales Tax Tsunami for E-Commerce Industry

Marvin A. Kirsner | July 05, 2018

When the Supreme Court decided Quill v. North Dakota, 26 years ago, a sales tax case involving an office products catalog business, it created barely a ripple in the retail industry.

Commentary

Using Tech and Innovative Management Styles to Retain Female Attorneys

Lara O’Donnell Grillo | June 29, 2018

It is no secret that women are grossly underrepresented and underpaid by comparison to their similarly qualified male peers in the upper echelons of the legal profession.

Commentary

Are Nondisclosure Agreements Being Pushed Too Far?

Michael P. Dunn and Tyler Stull | June 28, 2018

Out of the Stormy Daniels affair, the #MeToo movement, and the Larry Nassar scandal, a common practice has risen to the national forefront: the use of nondisclosure agreements.

Commentary

Domain Disputes Post-GDPR: For Now, a Temporary Solution

Jaime Rich Vining | June 27, 2018

The European Union's General Data Protection Regulation (GDPR), aimed at protecting against privacy and data breaches, went into effect on May 25. The territorial reach of the new regulation is extensive.

Commentary

A Better Way to Pitch for Business

Alexander Geisler | June 26, 2018

What truly stands out in today's competitive market? Hint: It's not about legal bona fides or your resume.

Commentary

Sotheby’s Pursues Unprecedented Legal Strategy for Ancient Bronze Horse

Lindsey Lazopoulos Friedman | June 26, 2018

The ancient Greeks created the relics of the past, but Sotheby’s claims the future, at least with respect to one treasured antiquity.

Commentary

Argentina Modernizes and Simplifies Its IP Registration and Cancellation System

Jorge Espinosa and Patricio María Albornoz | June 25, 2018

For companies in the United States who have done business in Argentina, the bureaucracy has always been a significant hurdle. Processes simply take longer or require more complex submissions than in the United States.

Commentary

Embracing Paternity Leave: A Father’s Sabbatical Can be Part of a Successful Career

Steven J. Wernick | June 22, 2018

People thought I was joking when I told them that I was taking four weeks off after my wife and I welcomed our third boy earlier this year. My law career was in full swing. My billable hours were strong.

Commentary

Learning from Hurricane Irma: Properly Insuring and Protecting Your Business

Gina Clausen Lozier and Christopher B. Choquette | June 21, 2018

Hurricane Irma is not a distant memory for most of South Florida and yet we find ourselves already facing the next hurricane season.

Commentary

GDPR—A New Fundamental Right Protecting Personal Identifiable Information, More

Pablo Meles | June 20, 2018

The General Data Protection Regulation (GDPR) is a broad and comprehensive European Union (EU) data privacy law that went into effect on May 25. This is a great example of the law trying to catch up with the technology and our digital lives.

Commentary

Why This GC of a $25B Company Has Migrated Work Away From the Largest, Most Elite Firms

Bill Deckelman | June 19, 2018

DXC Technology general counsel Bill Deckelman reacts to the GC Thought Leaders Experiment findings on performance of the largest, most pedigreed firms and what he has found from moving work away from those firms.

Commentary

Employment Arbitration Agreements Can Contain Class Action Waivers

April Boyer, Andrew C. Glass and Roger L. Smerage | June 19, 2018

Many employers prefer to resolve disputes with employees through arbitration as opposed to more costly litigation in court.

Commentary

Points to Consider Before ‘Take Your Dog to Work Day’

Aaron Tandy | June 18, 2018

On June 22, it will be the 20th year of Pet Sitters International’s “Take Your Dog to Work Day®,” which encourages employers to allow pets to accompany employees to the office.

Commentary

New Tax Act May Be Complicated, But the Savings Potential Is Significant

Robert Kramer | June 18, 2018

It is stunning how few people realize the significance of one provision of the new Tax Cuts and Jobs Act of 2017, which became effective earlier this year. Perhaps the reason for this is that it is conceptually complicated, but that should be your tax professional’s problem; it should not be yours.

Commentary

Jury Trials Are Alive and Well in Dade County and Have a Promising Future

Paul A. McKenna | June 15, 2018

Although the trends are toward settlement of disputes, either through mediation or arbitration, there are still some situations where you have to scratch and claw for what you and your client believe is right. That is never going to change, and that is what juries are for.

Commentary

Immigration Policy: Reducing the Impact on Your Foreign Construction Workforce

Maria Mejia-Opaciuch | June 14, 2018

In the past 17 months, the Trump administration has issued far-reaching executive orders (EOs) that require the U.S. government agencies overseeing immigration to shift their focus from assisting immigrants to making it harder for them to remain in the United States.

Commentary

Community Associations Should Make Effective Use of Social Media

Gary M. Mars | June 12, 2018

The use of Facebook, Twitter and other social media sites by community associations has gained some traction during the last several years.

Commentary

Supreme Court Limits the Practice of Filing Successive Class Actions

Erica Rutner | June 11, 2018

On June 11, 2018, a nearly unanimous Supreme Court dealt a deafening blow to the practice of filing successive class actions. In China Agritech v. Resh, 584 U.S. ___ (2018), the court was faced with whether a class action filing tolls the statute of limitations for putative class members who wish to file subsequent class actions.

Commentary

Legislative Fix Needed in Condo Association Property Tax Assessment Appeals Ruling

Michael L. Hyman | June 11, 2018

Condominium associations regularly represent all of their unit owners as a consolidated class of litigants in cases challenging their local county ad valorem property tax appraisal assessments.

Commentary

Voters Beware! Ready or Not, the FCRC Is Coming for Your Vote

Oscar Sanchez | June 08, 2018

The Florida Constitution Revision Commission (FCRC) has been assembled, and the commissioners have been busy during this past year. They have decided to put eight proposals to amend Florida’s constitution on the November ballot. Each proposal will require least 60 percent of the vote to pass.

Commentary

Preparing for the 2018 Internship Season: Know the Rules

Jennifer T. Williams | June 07, 2018

Memorial Day begins the unofficial start of summer—which means that employers across the country are gearing up for a new group of summer interns. Energetic high school, college and graduate school students are eager to gain both a first look at and practical experience in their chosen fields of study.

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