The Florida Bar

Florida Bar Journal

The Florida Bar Journal

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An Overview of the “Apex Doctrine” and its Applicability Under Florida Law

Featured Article
Rule 1.280(b)(1) of the Florida Rules of Civil Procedure provides that a party may “obtain discovery regarding any matter, not...

No Written Shareholder Agreement? A Survey of Florida Shareholders’ Statutory Rights

Featured Article
A shareholders’ rights and obligations in a Florida corporation generally derive from two main sources: the corporation’s governing documents, such...

Protectors and Directors and Advisers: Oh My! The New Florida Uniform Directed Trust Act

Featured Article
In July 2021, Florida adopted the new Florida Uniform Directed Trust Act (FUDTA),[1] in response to the increased use of...

Navigating I.R.C. §2036 Tax Planning with Florida Law

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For many years, a common estate planning technique has been to create a partnership or limited liability company (LLC) to...

Understanding the Bounds of the Computer Fraud and Abuse Act in the Wake of Van Buren

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The Computer Fraud and Abuse Act, 18 U.S.C. §1030 (the CFAA), imposes criminal and civil liability on individuals who access...

Spoliation of Evidence and Non-Party Witnesses

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Florida courts have recognized a cause of action for spoliation of evidence against third parties that arises when a person,...

Understanding Unliquidated Securities Claims Under §523(a)(19) in Chapter 7 Cases

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In bankruptcy, some claims or debts are “unliquidated.” This simply means that the amount of the debt has not been...

Administrative Procedure for the Generalist

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For many attorneys, the prospect of a case governed by the Administrative Procedure Act[1] (APA) is a source of fear:...

Two, Three, or Four Prongs? The Contractual Defense of Unilateral Mistake in Florida

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Until recently, Florida litigators would have the choice between two and four elements for a unilateral mistake defense depending on...

Benjamin N. Cardozo: The Tort Whisperer Nine Decades Later

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Benjamin Nathan Cardozo. Born 1870. Died 1938.[1] He was only human. This article explores Cardozo’s most famous scripted tort decision,...