Author Archives: Site Administrator
The JOBS Act
Last week, President Obama signed the Jumpstart Our Business Startups Act (“JOBS Act”) into law. The JOBS Act includes several significant changes to the fundraising provisions contained in the federal securities laws: the Securities Act of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act”). Legislative supporters of the JOBS Act… Read More »
Key Cases a Lawyer Needs to Know to Select a Jury
When selecting a jury, there are certain key cases that a lawyer needs to know. The key cases govern strikes for cause, the right to backstrike jurors, preservation of error, and improper discriminatory challenges. The cases are summarized as follows: Busby v. State, 894 So. 2d 88 (Fla. 2004): In Busby, the court reiterated… Read More »
Key Considerations for Seeking An Award of Attorney’s Fees
Attorney’s fees disputes are often hotly contested. Once the court determines entitlement, the parties may vary widely on their respective assessments of reasonableness. Before submitting materials regarding the reasonableness of the amount of fees and reasonable hourly rates for attorneys, practitioners should be aware of the key authorities below. Florida Patient’s Compensation Fund v…. Read More »
The Top 10 Improvements to PBCBA’s Standards of Professional Courtesy and Civility
Two years ago, the Palm Beach County Bar Association (“PBCBA”) and 42 other voluntary bar associations in South Florida set a goal to promote the Florida Supreme Court’s amended Oath of Attorney Admission and adherence to accepted standards of professional courtesy throughout South Florida. To further this goal, the PBCBA Board of Directors recently… Read More »
How Can We Increase the Number of Women Lawyers Who Are Board Certified?
The Florida Bar confirms that a significant gender gap exists in the number of board certified lawyers in Palm Beach County and statewide. In Palm Beach County, women comprise only 17% of board certified lawyers. Throughout Florida, women comprise 21% of board certified lawyers. So how can we increase the number of women lawyers… Read More »
New Year’s Resolutions for the New or Young Lawyer to Act Professionally and Advance One’s Reputation
The New Year is the time when many of us resolve to improve ourselves, correct bad habits, and commit to become more successful. As our legal community continues to focus on improving professionalism and civility, we recognize that there are certain lawyer traits and trends of practice that help promote more professional behavior and… Read More »
Top 10 Practical Tips for Working with a Commercial Damages Expert
# 10. Hire your expert early. Few lawyers do this, and it is one of experts’ biggest gripes. Ironically, lawyers often bring the expert on a short while before the expert disclosures are due, and the expert is saddled with what the lawyer decided was important. Isn’t the main point of bringing on an… Read More »
Third DCA Clarifies When Shareholders and Members May File Direct Actions for Damages
In closely held corporations and limited liability companies, the distinction between a direct and a derivative action is not always clear. When a company has three shareholders or members, and only one of the three owners is harmed by the majority’s malfeasance, is the injury a direct injury to the minority owner or an… Read More »
What Rights and Duties Does an LLC Operating Agreement Govern?
Under the Florida Revised LLC Act, an operating agreement governs the following areas of an LLC: Relations among and between the members of the LLC and the LLC itself; A manager’s rights and duties; The LLC’s general activities and affairs; and Any conditions or means necessary to amend the operating agreement. §605.0105(1), Florida Statutes…. Read More »
What Should You Not Do as a Whistleblower? Tell the Defendant
One thing we cannot stress enough as attorneys for relators in False Claims Act cases is to respect the seal. As you may know from reading this blog, the False Claims Act requires that any case filed by a qui tam whistleblower has to remain under seal for at least 60 days to give… Read More »