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For the Public

The Reply Brief: The Appellant’s Opportunity to Have the Last Word

Robin Bresky June 14, 2016

A reply brief is optional in appeals in Florida courts. However, a reply brief provides the appellant an important opportunity to refute the appellee’s answer brief and get the last word in the written argument. Some appellate judges deem the reply brief informative enough to read it first, before reviewing the appellant’s initial brief and the appellee’s answer brief. The

New Issues in a Rehearing Motion – The Unfortunate Entrenchment of Trinchitella

Amanda Lundergan June 14, 2016

One of the oddities of trial practice in a county overseen by the Fourth District is the requirement that the attorney be sufficiently prescient to raise issues at trial or summary judgment that do not yet exist. This seemingly impossible feat appears to be required by the Fourth District case of Trinchitella v. D.R.F., Inc., 584 So.2d 35 (Fla. 4th

Possible Naturalization for Deported Veterans

Alan Diamante June 11, 2016

While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

Stephen Danz June 11, 2016

So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and

Family Business Disputes

Michael Duncan June 3, 2016

“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing

A Myth: Cover Songs Are Copyright Fair Use

Z. Peter Sawicki and James L. Young June 3, 2016

Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client

A New Day for Businesses Seeking to Protect the “Secret Sauce” – Federal Trade Secret Protection

Brooke Anthony June 3, 2016

Businesses are now able to protect their trade secrets in federal court with a federal civil cause of action as a result of the Defend Trade Secrets Act (DTSA). President Obama signed the DTSA into law May 11, 2016. Th e DTSA is a rare example of bipartisan agreement and passed by overwhelming margins in both the House of Representatives

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Eric Lindenfeld June 3, 2016

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

The Art and Science of Building a Lifestyle Budget

Kathleen Newman June 3, 2016

Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to

Medical Malpractice – Another Point of View

Barry E. Lewin May 25, 2016

This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

Stephen Danz June 11, 2016

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