The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Business Law

Shielding Third Parties in Bankruptcy: Extensions of the §362 Automatic Stay and Imposing §105 Injunctions Under the Bankruptcy Code

Business Law
One Sunday night in August 2021, bankruptcy law, plans of reorganization, and third-party releases and injunctions became notoriously part of...

Where to Incorporate? Florida Bar Survey Results and a Florida vs. Delaware Comparative Analysis

Business Law
As of December 31, 2021, there were 811,396 active for-profit corporations incorporated under Florida law, including 104,625 incorporated in 2021.[1]...

How the Supreme Court’s Decision in Van Buren Impacts Mobile Employees and Computer Data Theft in Florida

Business Law
Computer data theft at the federal level is generally addressed under the Computer Fraud and Abuse Act, 18 U.S.C. §1030...

Florida’s New Commercial Real Estate Receivership Act: A Roadmap for Judges and Practitioners

Business Law
A receiver is “a person appointed by the court to take control, custody, or management of property involved in litigation...

Actual Intent vs. Legal Intent: The Impact of Immigration Status on Establishing Homestead Exemptions

Business Law
As of 2018, 4.5 million immigrants (foreign-born individuals) made up 21% of the population in Florida.[1] According to the PEW...

Federal Contracting Disputes: Do All Roads Lead to Rome? Part II

Business Law
In the last part of this article, we considered the options for a contract claim and began to consider a...

Federal Contracting Disputes: Do All Roads Lead to Rome? Part I

Business Law
“All Roads Lead to Rome,” has come to mean that one can reach the same result in many different ways.[1]...

A Review of the 2020 Amendment to Rule 30(b)(6): A Guide for Practitioners on How to Approach the New Corporate Deposition Process

Business Law
The U.S. Supreme Court has approved an amendment to Federal Rule of Civil Procedure 30(b)(6) — the first-ever substantive amendment...

Enjoining Employment Based on “Inevitable” Misappropriation: Yes, No, Maybe So!

Business Law
A key employee resigns and joins a competitor. A confidentiality agreement may have been signed. A noncompete agreement may have...

The Revolution Will Be Memorialized: Selected Blockchain-Based Smart Contract Use Cases

Business Law
What happens when computer code autonomously performs contractual terms? This article addresses the legal ramifications of several novel-use cases for...