Author Archives: Jay Butchko
10 Tips for Creating a Good Electronic Discovery Plan
The ever-changing technology landscape has increased the volume, complexity, and costs of discovery in litigation. Many clients who find themselves in litigation, however, are not as familiar with the rules, practices, and protocols related to electronic discovery. The purpose of this blog is to help potential litigants understand the process of electronic discovery and… Read More »
Can We Talk? –Florida’s New Conferral Rule for Non-Dispositive Motions in State Court
Under new Florida Rule of Civil Procedure 1.202, the moving party must 1) confer in good faith with the opposing party prior to filing a non-dispositive motion; and 2) file a statement certifying that the movant has conferred with the opposing party and state whether the opposing party agrees on the resolution of the… Read More »
Florida Adopts the New CHOICE Act Impacting Noncompete and Garden Leave Agreements for High-Earning Employees
As of July 1, 2025, a new Florida law has taken effect that governs covered noncompete agreements for certain high-earning employees and covered “garden leave agreements” for employees who continue to receive compensation from their employer after giving notice of their intent to resign and are restricted from competing during the notice period. The… Read More »
RKJ Partner Lauren Johnson Installed as President of the Florida Association for Women Lawyers, Palm Beach County Chapter
On June 12, 2025, at a sold-out luncheon, RKJ Partner Lauren Johnson was installed as President of the Palm Beach County Chapter of the Florida Association for Women Lawyers (PBC FAWL). During the upcoming year, Lauren will focus on honoring past leaders and inspiring future leaders of PBC FAWL. Over the last several years,… Read More »
Eleventh Circuit Rules False Claims Act Qui Tam Claims Barred by Prior Whistleblower Retaliation Claims Under Res Judicata
A recent decision by the Eleventh Circuit Court of Appeals affirmed the district court’s dismissal of a False Claims Act (FCA) qui tam action as barred under the doctrine of res judicata due to the whistleblower’s previously filed and dismissed retaliation case. The court’s opinion highlights the importance of bringing both FCA qui tam… Read More »
Lauren Johnson Elected to Board of Directors of Legal Aid Society of Palm Beach County
Rabin Kammerer Johnson congratulates partner Lauren Johnson on her recent election to the Board of Directors of Legal Aid Society of Palm Beach County! The mission of Legal Aid is: “To provide high quality civil legal advice, representation, and education free of charge to the most vulnerable and at-risk children, families, elders, veterans and… Read More »
HOW DOES THE GARNISHMENT PROCESS WORK TO ENFORCE A JUDGMENT IN FLORIDA?
A writ of garnishment is a powerful legal tool that allows judgment creditors to collect debts by seizing assets belonging to a judgment debtor that are in the hands of a third-party. This process enables judgment creditors to recover outstanding judgments through third parties, such as banks or employers, who hold money or other… Read More »
When Are You Entitled to a Jury Trial in Federal and State Court?
Many clients believe they are entitled to a jury trial when they file or are defending a lawsuit in federal or state court. What they often do not realize, however, is how significantly the right to a jury trial has eroded through contractual waivers, alternative dispute resolution clauses, and claims that seek equitable remedies…. Read More »
How Have a Party’s Discovery Obligations Changed Under the Recent Amendments and What Remedies Are Now Available When Filing a Discovery Motion?
Effective as of January 1, 2025, the Florida Supreme Court adopted significant amendments to the Florida Rules of Civil Procedure, including material changes to Rule 1.280 and Rule 1.380. In amending Rule 1.280, the Court adopted much of Federal Rule of Civil Procedure 26, including: 1) each party now has a duty to serve… Read More »
DOJ Intervenes in Several Whistleblower Qui Tam Actions Alleging a Nationwide Scheme Against Walgreens for its Illegal Dispensing Practices That Helped Fuel the Opioid Crisis
On January 17, 2025, after a multi-year investigation, the U.S. Department of Justice (DOJ) filed a complaint in intervention in four whistleblower qui tam lawsuits filed against Walgreens, alleging that its illegal dispensing practices contributed to the opioid crisis and caused many deaths and other serious harm to its customers. DOJ’s complaint alleges violations… Read More »