The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Columns

Avoiding Sticky Situations: Why Understanding the Distinction Between Direct and Derivative Claims Is Essential When Litigation Intersects With Bankruptcy

Business Law
Distinguishing between direct and derivative claims is not always straightforward. A bankruptcy filing only further complicates the analysis. The stakes...

When the Verdict Is in but Questions Remain: When and How To Seek Post-Verdict Juror Interviews and Methods for Obtaining Appellate Review

Appellate Practice
What happens during jury deliberations is the subject of much intrigue. “At one time, it was ‘common practice for counsel...

Upstream Basis Planning — The Estate Planner’s Income Tax Planning Tool

Tax
This article revisits the upstream basis planning opportunity now enhanced by the enactment of the One Big Beautiful Bill Act....

Retroactivity (or Not) of the Equal Timesharing Presumption

Family Law
In 2023, the Florida Legislature adopted several amendments to F.S. §61.13. One of those amendments added “a rebuttable presumption that...

Choosing the Right Year for a Statute

Appellate Practice
When citing a state statute, according to The Bluebook,[1] the year of the applicable statutory compilation must be provided —...

Florida’s Securities Guaranty Fund: An Instagram Worthy Model

Business Law
In October 2024, as part of a multi-year collaboration between the Business Law Section of The Florida Bar and the...

When Old Laws Meet New Tech: Florida’s Uncertain Future in State Taxation

Featured Article
The last time Florida decided to be on the cutting edge of state taxes, it did not turn out so...

Strategies To Recover the Florida Panther and Secure the Preservation of the Florida Wildlife Corridor

Environmental & Land Use Law
The Florida panther is one of Florida’s most iconic species and is the designated state animal. Its image has graced...

Prejudgment Interest: Is the Time Value of Money Overlooked in Divorce Proceedings?

Family Law
Florida is an equitable distribution state.[1] In Florida, the court “must begin with the premise that distribution should be equal.”[2]...

Bricks, Mortar, and Misconceptions: The Gold Mine Hidden in Commercial Real Estate (The Many Impacts of Misunderstood Legal Standards)

Business Law
This article examines critical differences between the federal and state definitions of real estate and the financial implications of the...