Daily Business Review | Commentary
By Katie Gilden and Sheri Fiske Schultz | July 29, 2019
Expert witness testimony can make or break a case. But, what are the rules governing whether an expert is allowed to testify? For many years, Florida has vacillated on which standard applies to experts. However, the Florida Supreme Court adopted the Daubert standard for expert testimony in Florida courts May 23.
Daily Business Review | Commentary
By José E. Latour | July 25, 2019
On June 7, Florida Gov. Ron DeSantis signed a bill into law permitting remote online notarization adding Florida to the growing list of states that permit notaries to perform notarizations online for clients anywhere in the world.
Daily Business Review | Commentary
By Justin M. L. Stern, Robert A. Zinn, Jay Steinman and Jennifer A. Migliori | July 1, 2019
According to a research report published by Cowen & Co. earlier this year, the investment bank believes that the U.S. market for cannabidiol (CBD) consumer goods could reach $16 billion—a "conservative" forecast—by 2025, up from between $600 million and $2 billion in 2018 retail sales. As the third-most populous state in the country, this is a very big deal for Florida.
Daily Business Review | Commentary
By Jonathan Schwartz | June 18, 2019
When a third party receives a subpoena, it oftentimes is uncertain as to both its rights and responsibilities under the subpoena. As a result, the person or entity receiving the subpoena can miss critical deadlines and lose important protections.
By Amanda Bronstad | June 13, 2019
Alabama Attorney General Steve Marshall moved to voluntarily dismiss his opioid lawsuit after a judge questioned whether he had federal jurisdiction over the case.
By Victoria Hudgins | June 10, 2019
The lead-up to the first multistate HIPAA-related data breach suit was a decade in the making. Lawyers say the case's success is likely to trigger similar filings.
Daily Business Review | Commentary
By Nathan E. Nason | June 4, 2019
On May 23, the Florida Supreme Court announced that the Daubert standard would be the new evidentiary standard to be applied for admissibility of expert testimony. In doing so, the new court reversed the ruling of a prior decision of the court which had adhered to the Frye standard.
Daily Business Review | Commentary
By Ian Ross | May 30, 2019
In a recent decision, Florida's Third District Court of Appeals may have provided an answer. On April 26, the appellate court held that Florida law does not “impose a duty on nonparties to litigation to preserve evidence based solely on the foreseeability of litigation.
Daily Business Review | Commentary
By Alan Goodman and R. Gregory Hyden | May 24, 2019
No matter the complexity of the commercial relationship, parties naturally want to—or should—clearly define all of their respective obligations. And while all the parties presumably enter into their contracts in good faith, expecting that each side will perform as agreed upon, circumstances often occur during the relationship that require the agreement to be modified.
By Tony Mauro | May 20, 2019
At issue in the case was whether state-law failure-to-warn suits against Merck were preempted by federal law.
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