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Author: Jimerson Birr

Avoiding and Defending Class Action Claims Under the Florida Security of Communications Act

August 17, 2021 Communications & Media Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog, Technology Industry Legal Blog

A new class action trend aimed at large companies has emerged in the United States. New York, California, and Florida have been the breeding grounds for these class action claims brought under each state’s “wiretapping” laws. More specifically, classes bringing these claims have accused companies of violating wiretapping laws by […]

What Does Florida’s New Summary Judgment Standard Mean For Lenders in Borrower Default Cases?

August 12, 2021 Banking & Financial Services Industry Legal Blog

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. How Does Florida’s New Summary Judgment Standard Differ From […]

Can Professional Service Providers Enforce Non-Competes Based on Protection of Goodwill?

August 11, 2021 Professional Services Industry Legal Blog

In Florida, non-competes may be enforced by professional service providers so long as they are reasonable in time, area, and line of business. In addition, the non-compete must also protect a “legitimate business interest,” as defined by Section 542.335 of the Florida Statutes. The statute defines legitimate business interests through […]

What Every Florida Community Association and Building Owner Needs to Know About Florida’s 10-Year Construction Defect Statute of Repose

August 9, 2021 Community Association Industry Legal Blog, Construction Industry Legal Blog, Healthcare Industry Legal Blog, Hospitality Industry Legal Blog, Insurance Industry Legal Blog

The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community associations throughout Florida.  As efforts are made to inspect and ensure the safety of buildings across the state, building owners, […]

What Does Florida’s New Summary Judgment Standard Mean For Insurers?

August 4, 2021 Insurance Industry Legal Blog

Insurers will likely enjoy more favorable outcomes under Florida’s new summary judgment standard. The court’s less rigorous review of attempts to withstand summary judgment will impact expected litigation outcomes, litigation strategy, and largely benefits insurers. How Does Florida’s New Summary Judgment Standard Differ From Its Old Summary Judgment Standard? On […]

Properly Evaluating and Defending Class Action Complaints

July 21, 2021 Banking & Financial Services Industry Legal Blog

Class action complaints are not a novel concept. Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA). […]

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