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Author: Jimerson Birr

Can an Individual be Served by Certified Mail in Federal Court?

March 16, 2017 Professional Services Industry Legal Blog

Service of process is likely an issue about which many attorneys and parties don’t give much thought; it’s a standard procedure conducted hundreds if not thousands of times a day across the country, and is usually done through a professional process server. However, when attorneys deviate from the standard procedure of sending a lawsuit to a process server and allowing them to effectuate service, whether due to cost or strategic considerations, it is easy to run afoul of the Florida and Federal Rules of Civil Procedure.

Elements of Proof for Fraudulent Transfers in Florida: How to Determine if a Transfer was Fraudulent

March 14, 2017 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Creditors may become frustrated when they discover a debtor has engaged in an unfair transaction that hampers their ability to collect payment. However, creditors are not without remedy in the event that there has been some funny business with the debtor’s finances. Regardless of the debtor’s intentions behind the questionable […]

Fee Multipliers in Florida: The Basics

March 13, 2017 Professional Services Industry Legal Blog

In a contingency case there are certain circumstances in which an attorney’s fee award can be increased through the use of a multiplier from 1.5 to 2.5.[1] Recent cases have limited the applicability of the use of a multiplier in Florida. However, careful navigation of the current case law gives some guidance of the types of cases in which a multiplier is appropriate and in which a multiplier is not appropriate.

Loan Participation Agreements: Does Borrower Fraud Relieve a Participating Bank of its Obligations?

March 9, 2017 Banking & Financial Services Industry Legal Blog

After entering a participation agreement, a once promising loan sometimes becomes a problem loan once the borrower defaults. Following default, both the lead and participating banks always assess collectability. If the parties find the borrower is uncollectible based upon changes in circumstances, flaws in the underwriting or borrower fraud, it […]

E-Discovery Terminology for Every Litigator

March 7, 2017 Professional Services Industry Legal Blog, Technology Industry Legal Blog

On September 29, 2016 the Florida Supreme Court amended rules 4-1.1 and 6-10.3 to the Rules Regulating The Florida Bar. As a result, Florida attorneys will now be required to obtain 3 credit hours of CLE in approved technology programs. Further, language was added to the Comment to Rule 4.1.1 Competence, which reads as follows:

Competent representation may also involve the association or retention of a non-lawyer advisor of established technological competence in the field in question. Competent representation also involves safeguarding confidential information relating to the representation, including, but not limited to, electronic transmissions and communications.

What does this mean for litigators dealing with electronic evidence? I like to say that the realm of eDiscovery is a melding of legal and IT, two groups of professionals who speak different languages, and who under typical circumstances do not care to speak the language of the other. We have all heard that attorneys speak legalese, and we know of the “IT speak” that flies over the heads of IT industry outsiders. How can we manage the additional eDiscovery industry terminology that is a necessary part of the conversations between IT and legal that surround litigation or a government investigation? At the time of my entry into the field of eDiscovery in 2013, I had not even heard of the term metadata, much less jargon like DeNIST, TIFFing, load file, and so on.

Jimerson Birr Selected to Gator100

February 28, 2017 Press Room

JACKSONVILLE, Fla., February 28, 2017 – Local law firm Jimerson & Cobb, P.A. was named to the University of Florida’s 2017 Gator100 during an on-campus ceremony on Feb. 10. Sponsored by the UF Alumni Association, in partnership with the UF Entrepreneurship & Innovation Center, the Gator100 honors the 100 fastest-growing […]

Construction Project Delivery Methods – Part II

February 21, 2017 Construction Industry Legal Blog

There are many options for a contractor to deliver a project to a commercial owner. As with each different project, the delivery method can change to suit the needs of the parties. Careful attention should be taken when analyzing which method works for the particular project. Each of these various project delivery methods carry differing risks for the parties involved (i.e. owner, contractor, subcontractors, etc.). This two-part blog discusses some of most common project delivery methods for commercial construction projects. Part I discussed Design Build methods and Construction Manager at Risk. This part II will address some trending project delivery methods.

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