The Florida Bar

Florida Bar Journal

The Florida Bar Journal


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

January/February 2019 Scott Underwood and Steven Cline Business Law
The 11th Circuit in Kaye v. Blue Bell Creameries Inc. (In re BFW Liquidation LLC), 2018 WL 3850101, 17-13588 (11th…

International E-Discovery: How The 11th Circuit’s Interpretation of Possession, Custody, or Control May Impact Multinational Corporations

January/February 2019 Effie D. Silva, Sonia Zeledon, and Justin M. L. Stern Trial Lawyers
In decoding the bounds of e-discovery under the Federal Rules of Civil Procedure, courts around the country have employed a…

Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform

January/February 2019 J. Eric Virgil and Stacy B. Rubel Elder Law
When Glenda Martinez and J. Alan Smith met in 2008 through a social media website, little did they know how…

Misled Interested Citizens and Florida’s Public Meeting Laws

January/February 2019 Mark Moriarty City, County And Local Government
Florida’s Government in the Sunshine Law, F.S. 286.011, has long required meetings of governing bodies of public agencies to be…

Moving from New York to Florida: Perfecting Domicile

January/February 2019 David Pratt, Lindsay A. Rehns, and Daniel Hatten Tax
Recently, due in large part to the effective repeal of the state and local tax deduction (a/k/a the SALT deduction),1…

Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders

January/February 2019 Heather M. Kolinsky Appellate Practice
Most attorneys are familiar with the rules and jurisdiction of the district courts of appeal and the Florida Supreme Court;…

Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence

January/February 2019 Larry E. Ciesla and Jack M. Ross Elder Law
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after…

Are Arbitration Agreements Necessary for Class-Action Waivers To Be Enforceable?

November/October 2018 Jacqueline Prats Labor And Employment Law
Much ink has recently been spent on the Supreme Court’s May 2018 decision on the enforceability of class-action waivers in…

Bid Protests Under the Administrative Procedure Act: The Standard of Review, the Protest Hearing, and Further Review

November/December 2018 Victoria Méndez, Pablo R. Velez, and Rafael E. Suarez-Rivas City, County And Local Government
The touchstone of our democracy is federalism with powers within the government separated horizontally and vertically. The purpose of such…

It’s in Your Interest: New §163(j)s Limitations on Business Interest Deductions

November/December 2018 Michael Dana Tax
The Tax Cut and Jobs Act of 2017 made a plethora of changes to the Internal Revenue Code,1 some of…
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