Florida

Expert Analysis

• When Investor Talks Render Biz Judgment Review Unavailable

  

  The Delaware Chancery Court’s recent decision in HomeFed amplifies the court's focus on discussions between controller and minority stockholders as the basis to conclude that business judgment review is unavailable, and suggests a trend toward a more restrictive judicial approach, say attorneys at Fried Frank.

• Foreign Discovery Ruling May Provide New Defense Tool

  

  Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

• Analyzing Upward And Downward Trends In Legal Tech

  

  Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

• Opinion

  ABA's New Guidance On Litigation Funding Misses The Mark

  

  The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

• What Firms Should Ask Before Hiring Attorneys From Gov't

  

  In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

• Opinion

  3 Ways Fla. Should Revise Its Patient Brokering Act

  

  Recent alterations to the Florida Patient Brokering Act — a law prohibiting induced patient referrals — are a step in the right direction, but further revisions should clarify Anti-Kickback Statute exceptions, allow the advice of counsel defense and incorporate the federal advisory opinion process, says Michael Manthei at Holland & Knight.

• The Ethics Of Using Chatbots For Legal Services

  

  Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

• Key Tax Considerations For Cos. With Remote Employees

  

  As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

• Avoiding Workplace Violence When Customers Refuse Masks

  

  Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

• Opinion

  ABA Must Seize Opportunity To Respond To Bar Exam Chaos

  

  The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

• Va. Workplace Virus Safety Mandate Has High Compliance Bar

  

  Meeting the strict exposure assessment, notification, social distancing and sanitization obligations under Virginia’s recently enacted COVID-19 workplace safety standard, which can serve as a guide for employers in other states, will require on-the-ground enforcement beyond compliance on paper, say attorneys at Morgan Lewis.

• How Pandemic Is Affecting The Pace Of Judicial Opinions

  

  The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

• What Split On Standing Means For Fla. Consumer Claims

  

  Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

• 6 Steps For Law Firms Looking To Improve Their Culture

  

  The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

• Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

  

  Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.