The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Business Law

Cool Change: Evolution and Explanation of New Florida Rule of Civil Procedure 1.380(e)

Business Law
While “paper” discovery demands production of responsive “documents,” in today’s reality, “documents” mainly exist in your client’s — or an...

A Look at the Furnisher Requirements Imposed by the Fair Credit Reporting Act

Business Law
Author’s note: On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted in response to...

Fair Credit Reporting Act Obligations for Businesses Using Background Checks for Employment Purposes

Business Law
The importance of the Fair Credit Reporting Act (FCRA or the act), 15 U.S.C. §1681, et seq., cannot be underestimated...

Summary of Recently Adopted Changes to the Florida Business Corporation Act and Harmonizing Changes to Other Florida Entity Statutes, Part II

Business Law
This is the second of two articles published in the Journal addressing key changes made to the Florida Business Corporation...

Summary of Recently Adopted Changes to the Florida Business Corporation Act and Harmonizing Changes to Other Florida Entity Statutes, Part I

Business Law
This is the first of two articles that will address key changes to the Florida Business Corporation Act (Ch. 607...

Navigating Florida’s Changing Daubert Tide in Business Cases

Business Law
The Florida Supreme Court’s opinion in In re Amendments to the Florida Evidence Code, No. SC19-107, 2019 WL 2219714, at...

Limiting the Florida Homestead Exemption by Broadening the Application of the Fraud or Egregious Conduct Exception

Business Law
Since 1868, the Florida Constitution has expressly shielded homestead property from forced sale except in certain delineated circumstances.[1] In 2001,...

A Critical Examination of Glass v. Nationstar Under Contract Principles

Business Law
Unless one behaves like a quantum particle, one cannot be in two places at once. And unless one disregards contract...

Dicing it Up: Does a Sliver of the Automatic Stay Remain for Repeat Debtors?

Business Law
The automatic stay, which gives debtors a breathing spell from creditors, is one of the most “fundamental debtor protections” in...

Eleventh Circuit’s Ruling Strengthens Creditors’ New Value Defense to Preference

Business Law
The 11th Circuit in Kaye v. Blue Bell Creameries Inc. (In re BFW Liquidation LLC), 2018 WL 3850101, 17-13588 (11th...