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Articles
This article, by Carlton Fields shareholder Tom Dye, offers tips on how to try to avoid legal problems when hiring competitors’ employees.
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Resources
Miami shareholder Bruce J. Berman recently published a new edition of his book, Berman’s Florida Civil Procedure (West Group). This is a leading treatise on Florida state practice and procedure, published annually since 1998.
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Client Alerts
This alert, by Carlton Fields attorney Phil Diamond, discusses the importance of properly classifying workers for tax purposes and highlights an IRS program that can offer relief when companies make errors.
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Articles
This article, by Carlton Fields attorneys Jeffrey A. Cohen and Joshua D. Moore, addresses the ways in which motions in limine should, and should not, be used.
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Articles
This article, by Carlton Fields attorneys Josh Roberts and Emmet Schwartzman, pertains to personal injury cases where there is a preliminary showing that the plaintiff’s lawyer referred the plaintiff a treating physician. It discusses a recent Florida Fourth District Court of Appeal case that held defendant is entitled to discover information regarding the extent of the relationship between the law firm and the physician.
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Articles
The explosion in the number of companies providing services that store data “in the cloud” provides new challenges for applying outdated laws to new technologies. Carlton Fields attorneys James B. Baldinger and Chas Short examine the difficulties presented by the lack of clear legal guidance on disclosure of customer information by these companies in a Bloomberg Law Reports Digital Discovery & e-Evidence® issue.
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Articles
This article discusses the circumstances under which an objection to an evidentiary ruling may need to be renewed to preserve a claim of error for appeal.
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Articles
This article, by Carlton Fields shareholder Luis Prats, discusses the use of demonstrative aids to assist in explaining construction disputes at trial, arbitration, and mediation. It focuses on the ways in which technology can be of assistance.
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Client Alerts
Seven of the Florida Rules of Civil Procedure have been amended to address Electronically Stored Information (ESI). This alert, by shareholder Robert Pass, provides a brief overview and a reference chart summarizing the differences between the new Florida rules and the existing federal rules governing ESI.
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Articles
In this article, which is geared toward members of corporate boards of directors, Carlton Fields shareholder Mac McCoy explains key procedural and conceptual aspects of class action litigation.
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Articles
This article, by Carlton Fields shareholders Ellen Koehler Lyons and Gary Pappas, discusses a recent appellate decision highlighting an apparent trend. At least anecdotally, Florida courts seem to be upholding more offers of judgment as valid and enforceable. Clients need to be aware of the developing case law on this issue given the key role that offers of judgment play in the assessment of litigation risks and case settlement potential in Florida.
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Articles
This article, by Carlton Fields attorney Adam Hoipkemier, discusses recent decisions that highlight the hidden risks to defendants presented by Georgia’s post-tort reform apportionment scheme. These risks require defense counsel to take a long, early look at potential liability of both co-defendants and non-parties in complex tort cases.
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Articles
Federal criminal prosecution supplements the civil enforcement mechanisms used to combat trade secret misappropriation. The goal of combining these tools is to more effectively deter trade secret misappropriation and its far-reaching harm. This article considers the circumstances best suited to each enforcement method.
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Resources
This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.
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Resources
This list provides 10 practical tips designed to help trial lawyers preserve the record for appeal and work most effectively with appellate counsel.
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Articles
This article, by Carlton Fields shareholder Matthew J. Conigliaro, explores the complexities surrounding the application of the writ of common law certiorari in Florida's appellate system. Mr. Conigliaro traces the history of the writ, and discusses its evolving nature.
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Articles, Resources
This article, by Walter Bush and Christopher Freeman, tracks the proceedings in Skilling from the trial court through the Supreme Court.
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Articles
This article, by Carlton Fields attorney Marissel Descalzo, discusses the circumstances under which a party to a civil action may invoke the Fifth Amendment, how it may be invoked, and possible sanctions a court may impose on a party defendant or plaintiff as a result of its use.
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Resources
This article, by Carlton Fields shareholder Marty Solomon, discusses the trap that awaits unwary litigants who share electronic database costs, and offers guidance on how it can be avoided.
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Articles
This e-discovery practice pointer, by Carlton Fields shareholder Marty Solomon, explores the risks of prematurely stipulating to search terms, using lessons learned in I-Med Pharma Inc. v. Biomatrix, Inc.
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Resources
This article, by Carlton Fields shareholder Marty Solomon, draws on recent case law to discuss the merits of retaining an expert to craft keyword search terms and test their effectiveness in matters that involve the discovery of electronically stored information.
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Articles
Lawyers may market their services on daily deal websites without violating fee splitting prohibitions, but the practice raises other thorny ethical considerations. Three recent ethics opinions provide sound advice and guidance for lawyers looking to avoid running afoul of their professional responsibilities if they use such sites.
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Articles
This article, by Carlton Fields shareholder Marty Solomon, outlines the rights and obligations of a witness designated to testify at a deposition as a corporate representative.
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Articles
This article, by Carlton Fields shareholder Marty Solomon, explores the implications of a Third Circuit decision that limited a litigant’s ability to recover its third-party vendor’s charges for electronic discovery activities. Based on the decision, it offers pointers on how to increase your chances of recovering these costs.
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Articles
In this article, Carlton Fields shareholder Ray Allen discusses the federal and state challenges that have left Florida’s water quality standards in a state of flux.
