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2013


It Was a Dark and Stormy Night

It Was a Dark and Stormy Night

February 28, 2013

This article, by Carlton Fields shareholder Sylvia Walbolt and co-author Dan Walbolt, discusses the 1857 Florida Supreme Court's decision in Smith v. Croom. The opinion is a fascinating legal who-done-it, an example of superb preparation by the lawyers prior to the trial, and an important history lesson of the early development of opinion writing by the Court.

White House Issues Strategy Warning of Dangers to U.S. Companies from Hackers

White House Issues Strategy Warning of Dangers to U.S. Companies from Hackers

February 21, 2013

The White House released an executive report detailing the threat of hacking and corporate espionage to U.S. companies, and offering strategies for mitigating trade secret theft.

E-Discovery and Data Privacy: Dealing with Issues in the Cloud

E-Discovery and Data Privacy: Dealing with Issues in the Cloud

February 20, 2013

Companies that use the Cloud must navigate a landmine of regulatory and litigation issues that can arise.

Tips for Trial Counsel on Planning, Preparation, and Preservation: Considerations When Drafting Verdict Forms

Tips for Trial Counsel on Planning, Preparation, and Preservation: Considerations When Drafting Verdict Forms

February 14, 2013

Trial counsel should draft verdict forms with care as they may control which issues are raised on appeal.

Drafting a Takeover Agreement

Drafting a Takeover Agreement

February 13, 2013

This article, by shareholder Patricia Thompson, discusses takeover agreements in the construction industry. It sets forth the issues that owners, lenders, completion contractors, and sureties should consider.

The White House Issues an Executive Order on Cybersecurity

The White House Issues an Executive Order on Cybersecurity

February 13, 2013

The issuance of the Order is an important development for all companies and organizations that maintain large-scale public or internally accessible information systems, particularly those potentially susceptible to data security issues.

EB-5 Options for Developers

EB-5 Options for Developers

February 11, 2013

Many developers seeking to raise capital through the EB-5 investor visa program believe that creating a new regional center is the best or only option to raise capital from foreign nationals. In fact, there are three options under the EB-5 program. This article, by shareholder Julie Ferguson, summarizes the advantages and disadvantages of each option.

Tips for Trial Counsel on Planning, Preparation and Preservation: Creating Defensible Jury Instructions and Planning for a Charge Conference

Tips for Trial Counsel on Planning, Preparation and Preservation: Creating Defensible Jury Instructions and Planning for a Charge Conference

February 11, 2013

Never assume that your forum’s standard instructions correctly state the law.

Rule 23(b)(3) and the Superiority of Class Actions for Statutory Damage Claims Involving Technical Violations Resulting in No Actual Damages

Rule 23(b)(3) and the Superiority of Class Actions for Statutory Damage Claims Involving Technical Violations Resulting in No Actual Damages

February 8, 2013

Federal courts are divided on whether the proportionality of potential statutory damages to actual harm is an appropriate consideration in deciding whether to certify class actions under Rule 23(b)(3) stemming from technical violations of consumer protection statutes.

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