Category Archives: Business Litigation
Florida Law Levels the Playing Field on One-Sided Attorney’s Fee Clauses
Section 57.105(7), Florida Statutes, makes reciprocal all contracts with unilateral attorney’s fee provisions that benefit one party over the other.1 Under the statute, where a contract contains an attorney’s fee provision that benefits only one party to the contract, a court may award attorney’s fees to the other party when that party prevails “in… Read More »
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 »
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 »
Florida’s New “Proportionality” Standard for Civil Discovery: It’s a Game Changer
For years, many attorneys and judges have queried when the Florida Supreme Court would adopt the civil discovery “proportionality” standard that the federal courts adopted in 2015. Some attorneys and judges favored the Florida courts adopting the federal proportionality standard; others were against it. Effective as of January 1, 2025, the Florida Supreme Court… Read More »
RKJ Prevails in Bench Trial to Enforce Private Beach Easement on Palm Beach
The firm recently prevailed in a bench trial on behalf of several homeowners to enforce a private beach easement in the Town of Palm Beach. The firm’s clients are owners of residences located within the Esplanade Estates section of the Town of Palm Beach. They hold an easement that runs from North Ocean Boulevard… Read More »
“I Feel the Need for Speed!” – the Florida Supreme Court Abrogates the “At Issue” Rule and Declares Trial Continuances Should Rarely be Granted
The Florida Supreme Court recently adopted various new amendments to the Florida Rules of Civil Procedure that become effective on January 1, 2025. These amendments overhaul how trial courts will manage the cases before them, the speed in which cases will proceed through the judicial process, and material changes to the discovery process, including… Read More »