There has been a long simmering debate in the Florida legal community about the appropriate standard for the admissibility of expert testimony at a trial in the Florida courts. The question was whether to adopt the federal standard, commonly known as the Daubert test, or to remain with the less rigorous Frye test that has been the standard in Florida for decades. We now have an answer: Frye is still the standard.
Philanthropy: An important aspect of business success
More than just charity, philanthropy is a long-term strategic plan to address specific social needs. It involves the contribution of time, talent and treasure. And, when effectively implemented on a corporate level, it’s good for business and the community.
How to avoid the high cost of a software licensing audit at your company
Software licensing audits can be stressful and result in substantial legal problems and costs. However, strategic planning – as outlined in 10 steps I offer below – may allow company owners and executives to save their energy for growing their business instead of sweating out an audit.
New federal law provides additional protection for trade secrets
While some potential issues exist, I believe the Defend Trade Secrets Act of 2016 should be beneficial to many companies because of the possible increased trade secret protection and aggressive potential remedies that it will provide.
Keeping your trade secrets safe: When NDAs can backfire
While traditional nondisclosure agreements may protect trade secrets when parties wish to discuss a potential business transaction, NDAs may also jeopardize the strong protections already available under Florida law.
In memorium: L. David Shear
It is with great sadness that I write about the passing of Mr. David Shear, one of our colleagues in the Tampa office of Gunster.
New air regulations on horizon; Florida rulemaking process to begin
Businesses with Clean Air Act permits should be monitoring the new Florida Department of Environmental Protection rulemaking process to ensure that the numeric limits or work practices changes are realistic and do not unnecessarily increase the risk of enforcement or third-party litigation.
Game changer: Florida Legislature expands enforcement power of state in RICO actions
HB 549 adds statutory penalties for businesses ($1 million) and individuals ($100,000) targeted under the RICO act.
ADA changes present pitfalls for employers, HR
Changes in the federal Americans with Disabilities Act have, over the years, broadly expanded the group of medical conditions requiring accommodation by employers – including conditions not currently affecting an employee’s health.
Can employers require political action from employees?
While political activity and freedom of speech are the crown jewels of our democracy, employers need to be wary of potential claims of coercion by employees.
