Business Law Section Blog

Sep 28th, 2018

Message from the Chair

Dear Friends and Members of the Business Law Section:   It is an honor to be serving as Chair of the Business Law Section this year, which is buzzing with activity. Here’s a snapshot of what’s going on.   For those of you who attended our annual Labor Day weekend retreat at the beautiful Hyatt Regency Coconut Point in Bonita Springs, I trust you had a fantastic time, enjoying great CLE’s, productive meetings and plenty of time to unwind for your health and wellness. For those of you who were unable to attend, I urge you to mark your calendars for next year’s retreat, which will no doubt be at least as enjoyable and productive as this year’s was. Kudos again to the Retreat Chair Adina Pollan and her whole team. Read More
Aug 20th, 2018

Florida 4th DCA Ruling on Facebook Live Video and Authentication - 2017 Federal Rules Make it Easier to Authenticate ESI

The Federal Rules of Evidence now allows for the admissibility of self-authenticating digital evidence. How can practitioners use the new FRE Rules in Florida state cases?  This article discusses how digital evidence, like Facebook Live videos, could be self-authenticating and best practices for Florida State court practitioners using the Florida Rules of Civil Procedure.

 

On May 2, 2018, the Fourth District Court of Appeals (Fourth DCA) published its opinion in Lamb v. State of Florida, No. 4D17-545, Case No. 502016CF004626A (2018 WL 2049640 (Fla. 4th DCA 2018)). The Fourth DCA upheld the trial court's ruling that the Facebook Live video presented in this Palm Beach County criminal case was properly authenticated and admissible to the jury.

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Jun 29th, 2018

Eliminating the Physical Presence Rule in Collecting State Sales Tax

Eliminating the Physical Presence Rule in Collecting State Sales Tax: Modern E-Commerce Following South Dakota v. Wayfair In a far-reaching decision whose importance is just being absorbed, the United States Supreme Court ruled that a state can tax internet sales delivered to its residents even if the internet seller has no physical presence in the state. Read More
Jun 27th, 2018

E-Discovery & Digital Evidence Case Law Update

   At the end of 2017 and continuing into 2018 there are some very interesting cases coming out relating to the admissibility of social media, e-mail discovery and discovery relating to digital evidence.  The courts are trying to balance privacy considerations and the need for discovery into what may exist.  The overall lesson is that the legal landscape continues to evolve.   Read More
Jun 12th, 2018

Changes to Construction Defects Statutes of Limitations: Are Subcontractors Now SOL?

The Florida Legislature has changed the Statute of Limitations for construction defects twice in the last two years. In 2017, the Florida Legislature adopted a definition for “completion of a contract” under the statute that favored builders by limiting their long-term exposure to liability for construction defects. In 2018, the Florida Legislature revisited the same statute and made changes that give builders a way to surpass the limits of the statute of repose. But who are these changes really helping and who are they burdening? Read More

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