Author Archives: Jay Butchko
Are Your Company’s Marketing Calls and Text Messages Compliant with Florida Law? Are You Sure?
Any business that promotes its services through telephone or text-message marketing to Florida consumers must now be wary of the Florida Telephone Solicitation Act (“FTSA”).1 In July 2021, the Florida Legislature enacted a newly expanded version of the FTSA, and as a result, hundreds of lawsuits alleging violations of the statute have flooded the… Read More »
Tips for an LLC to Protect Against a Former Manager’s Claim for “Advancement” of Attorney’s Fees and Costs When the Former Manager Acted in Bad Faith
Under Florida law, a former manager of an LLC may have the right to require the LLC to indemnify his or her attorney’s fees and costs in a lawsuit in which the former manager has been sued as a defendant. In addition, depending on the language of the LLC’s operating agreement, the former manager… Read More »
Can a Whistleblower in an Existing Qui Tam Case Add A Co-Whistleblower to the Action?
In the life cycle of a qui tam case, it is common for a whistleblower (also referred to as a “relator”) to learn that another whistleblower has brought a qui tam action against the same defendant for the same or a substantially similar fraudulent scheme. For the second-filed (or third-filed, and so on) case,… Read More »
What are the Rules for Filing “Confidential Information” in the Court File in Florida?
As of July 1, 2021, all filers of documents in a case are responsible for redacting or identifying for redaction all court documents filed in circuit civil, county civil and small claims in the Fifteenth Judicial Circuit pursuant to amended Rule of Judicial Administration 2.420. In this regard, if any document filed with the… Read More »
One of These Things Doesn’t Belong Here: An LLC Member’s Direct and Derivative Claims Cannot be Joined in the Same Lawsuit
When litigating cases involving limited liability companies (or LLCs), we often see lawsuits that allege an LLC member’s direct claims together with the member’s derivative claims asserted on behalf of the LLC. Under Florida law, however, it is impermissible for an LLC member to allege both direct and derivative claims within the same lawsuit…. Read More »
Can Remote Testimony Create a Loophole for Geographic Limits on Non-Party Subpoenas?
During the COVID-19 pandemic, courts and parties adapted and began utilizing remote means to conduct depositions, hearings, and even trials. The use of remote technology to conduct such proceedings is now widely accepted in litigation and expected to remain useful as the rest of the world returns in person. However, under both the Federal… Read More »
High-Level Corporate and Government Officers Alike Can Avoid Depositions Unless Necessary
Florida now offers protection to both high-ranking corporate officers and government officials from litigants’ attempts to conduct their unnecessary depositions. This protection is known as the “apex doctrine.” Under the apex doctrine, an agency or organization can shield high-level officers—or those at the “apex” of the agency or organization—from depositions for which a lower-level… Read More »
Firm Prevails In Trade Secret Action on Behalf of Second Largest CBD Retailer in the United States
The firm recently prevailed in the defense of its client in a multiparty federal court action in which the Plaintiff sued the second largest CBD retailer in the U.S., for misappropriation of trade secrets and deceptive and unfair trade practices. The case, Healthcare Resources Management Group, LLC v. Medterra CBD, LLC et al. (Case… Read More »
Noncompete Agreements In A Virtual World – Firm Prevails For Client After 5-Day Temporary Injunction Hearing
The firm announces that it recently prevailed on behalf of a client, after a 5-day evidentiary hearing, in securing an order denying a former employer’s motion for temporary injunction relating to the enforcement of various restrictive covenants. The matter is Insight Global, LLC v. The Intersect Group, LLC et al., Case No. 50-2021-CA006834-XXXXMB, filed… Read More »
What Are The Consequences And Standard For Spoliation Of Evidence?
If you are anticipating litigation, or are already involved in pending litigation, you should strongly consider changing the settings of your electronic devices to avoid accusations of spoliation later on in the litigation. The term “spoliation” refers to the destruction or significant alteration of evidence, including the failure to preserve evidence. To ensure that… Read More »