The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Business Law

What Every Business Lawyer Needs To Know About Captive Insurance and Why It Matters in Today’s Hardening Insurance Market

Business Law
Not entirely distinct from the well-publicized homeowners insurance crisis that Florida is currently experiencing, Florida businesses are experiencing their own...

Florida’s New “Judgment Lien Improvement Act” — Judgment Defendants Beware Because Your Creditors May be Able to Get It Although They Can’t See It!

Business Law
Florida lawyers often hear the cry from their clients that Florida is a “debtor’s haven” because of the generous homestead...

Crisis Communications and Image Restoration — There’s Insurance for That?

Business Law
Imagine the following scenario. You represent a small to medium-sized business or organization as their primary counsel. Your client calls...

Use of the Constructive Knowledge Standard When Evaluating “Evident Partiality” Challenges to Arbitration Awards in Florida

Business Law
“Florida courts have long acknowledged a strong public policy in favor of arbitration.”[1] It is well-settled in Florida that “[a] very high degree of conclusiveness attaches...

Recent Legislative Changes to Service of Process: A New Ball Game?

Business Law
In 2022, the Florida Legislature passed S.B. 1062, which reshaped the procedures for, and methods governing, service of process for...

Yours, Mine, and Ours: May a Bankruptcy Court Authorize the Sale of a Co-Owner’s Interest Free and Clear of Its Creditors’ Claims?

Business Law
Few sections of the Bankruptcy Code[1] have received as much attention as §363(f). Yet, surprisingly, only a handful of decisions...

Subchapter V: A Big Deal for Small Businesses

Business Law
The importance of the viability of small businesses to the national economy cannot be overstated. According to the U.S. Small...

Should Durham Affect the Interpretation of “Assignee” Under Florida’s Version of Article 9 of the Uniform Commercial Code?

Business Law
The 11th Circuit’s decision in Durham v. Ocwen, Case No. 17-15572, 777 Fed. App’x 952 (11th Cir. May 29, 2019),...

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]...