What follows are updates meant to help our clients, families and friends as they struggle to recover in the wake of Hurricane Irma, which traveled up the entire state of Florida beginning the weekend of Sept. 8, 2017.
U.S. Supreme Court rules that Hague Service Convention does not prohibit service by mail
When deciding whether to file suit against a defendant living abroad in either a federal or a Florida court, consider how this ruling complements the language of Fed. R. Civ. P. 4(f)(3), which allows service on individuals in a foreign country “by other means not prohibited by international agreement, as the court orders.”
Florida court’s reversal on administrative appeal a victory for property developers
This 5th District Court of Appeal ruling represents a significant victory for those involved in public competitive solicitations.
To Frye or to Daubert? That is the question
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.
