Insights


Product Liability

Fourth DCA Adopts Risk-Utility Test as the Standard for Some Design Defect Claims

Recently, the Florida Fourth District Court of Appeal opened the door to moving away from...

Securities and Financial Services

Financial Services Industry Regulation in The Biden Era

As the Biden administration takes shape, many are foreseeing changes to the regulation and conduct...

Class Actions

Hope Rests with Supreme Court to Clarify How TCPA Applies to Current Tech

In Facebook v. Duguid, the U.S. Supreme Court will clarify if the decades-old Telephone Consumer...

Employment and Labor

Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation

In a recent decision by the Fifth District Court of Appeal, the court held that...

Photo: Shutterstock.com/New Africa
Insurance Coverage and Bad Faith

Florida’s 3rd DCA Analyzes Whether a Public Adjuster Who Receives Contingency Fee can Act as a “Disinterested” Appraiser

Is it possible for a public adjuster to be considered disinterested in the outcome of...

Photo: Shutterstock.com/Mike Focus

The Next Step In Professionalism: Inclusive Excellence

I’m going to start with an assumption that we agree that Diversity and Inclusion are...

Securities and Financial Services

Implementing Reg-BI and Preparing for Examinations: The Compliance Obligation

With SEC Regulation Best Interest (“Reg-BI”) effective as of June 30, 2020, SEC examiners will...

Photo: Shutterstock.com/Jer123
Professional Liability

3rd DCA Confirms Sovereign Immunity Applies to Private Entities Providing Healthcare to State Institutions

In Lazzari v. Guzman, M.D., No. 3D19-597, 2020 WL 6302405(Fla. 3d DCA Oct. 28, 2020),...

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Overcoming Consulting (Non-Testifying) Expert Privilege

Retained experts play a role in most forms of litigation.  Many practitioners are familiar with...

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Intersection Between COVID-19 and Worker’s Compensation Immunity: Are Employers at Risk of Civil Litigation?

Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’...

Photo: Shutterstock.com/ Michele Ursi