Florida

Expert Analysis

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• New Fla. Summary Judgment Rule Will Deter Forum Shopping

  

  The Florida Supreme Court's recent amendment of the state's summary judgment standard to align it with that of the federal courts and most other states will improve judicial efficiency, reduce the cost and uncertainty of litigation, and help prevent forum shopping by plaintiffs with dubious claims, say Walter Latimer and Guy Noa at Fowler White.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• Federal Practice Takeaways From Spike Lee, Prince IP Ruling

  

  The Second Circuit's recent ruling in Brandon v. NPG Records, barring copyright infringement claims already litigated in a Florida federal court in favor of Spike Lee and Prince’s estate, offers lessons on supplementary copyright registration and significant federal procedural issues, say Matthew Nelles and Adriana Kostencki at Nelles Kostencki.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• Confusing Damages Issues In Florida 'Improper Fee' Case

  

  The Eleventh Circuit's recent decision in Fox v. Ritz-Carlton highlights the open question of what damages are available in "improper fee" cases under the Florida Deceptive and Unfair Trade Practices Act, says Aaron Weiss of Carlton Fields.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• What To Expect From Securities Litigation In 2021

  

  Attorneys at Alston & Bird explore expectations for this year's securities litigation landscape, including class actions related to COVID-19, whistleblower claims and U.S. Securities and Exchange Commission enforcement activity.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• PPP Enforcement Issues To Watch In 2021

  

  Derek Adams at Potomac Law, and Ellen London and Steven Deolus at Alto Litigation, examine the evolution of the Paycheck Protection Program, the impact of constant changes to eligibility and reporting rules, and enforcement developments to expect this year.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 5 Major Drug And Medical Device Developments In 2020

  

  In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• ERISA Exhaustion Defense Still Viable In Some Jurisdictions

  

  A Georgia federal court’s recent decision in Fleming v. Rollins is a reminder that despite an ongoing circuit split, administrators facing fiduciary breach claims under the Employee Retirement Income Security Act can, in certain courts, still assert defenses based on plaintiffs' failure to exhaust a plan's administrative remedies, says Art Marrapese at Barclay Damon.

• Minimizing Disruption To Clients During Law Firm IT Upgrades

  

  For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.