A Martin County resident alleged posted a defamatory Facebook post which was read by a third party in neighboring Palm Beach County. Where is the proper venue? According to James Cullen Lowery, III v. Shane McBee, Florida’s Fourth District Court of Appeal held that “there was no“injury” to Plaintiff until …

In a divorce case, the wife’s lawyer negotiated a marital settlement agreement requiring the former husband to make lump payments that were sent to the law firm. Someone hacked into either the wife’s or the lawyer’s email account, resulting in the lawyer receiving fraudulent wiring instructions. Money was lost and …

I recently hosted a panel of experts at the Association of Professional Responsibility Lawyers (APRL) conference discussing “Lessons from the Pandemic.” My colleagues include Brian Faughnan from Lewis Thomason; Joseph Corsmeier from the Law Office of Joseph Corsmeier, and Nicole Hyland of Frankfurt Kurnit. We covered current issues of ethics, …

The following order is from a County Court in Lee County, Florida. It has little to no value as precedent. That said, the reasoning is well-organized and appears solid (there is always a chance for appeal). So here is the long legal answer to a simple question: is it constitutional …

Florida’s Fourth DCA issued an opinion upholding an exculpatory clause on the grounds that the clause lacked a preamble which would create a fatal ambiguity and because it did not violate the Workers Compensation Statute. This case is instructive even if workers comp is not at issue in your case. …

Florida recently passed a new law allowing certain fireworks to be bought and used on July 4 and New Years Eve/Day. Understand how Florida Statute 791.08 works by reading this article from the June 2020 Palm Beach Bar. Photo by Designecologist from Pexels

A new case revives an old method to avoid an express contractual jury waiver by asking for an “advisory jury.” Here’s how it works for plaintiffs and how lawyers who write contracts can address it. For years I have recommended that clients consider an express jury waiver in their contracts …

While people are working remotely during the COVID-19 pandemic, it is wise to ensure that privacy settings on Zoom and Alexa (and all your devices and applications) are up-to-date. This guide will assist you in correctly securing your Zoom video conferences and Amazon Alexa. Quick note: while this article was …

Thanks to the Florida Defense Lawyers Association for sponsoring the free webinar (for members), “Cybersecurity for Remote Lawyers and Employees.” You can find out information to join the webinar here and here. This one-hour session will explain the risks and provide hands-on solutions that you can use right away. This …

Thanks to the Chamber of Commerce of the Palm Beaches for hosting this webinar, “Employers & Employees Working from Home – Cybersecurity,” today. Christopher Hopkins (lawyer, McDonald Hopkins LLC) and Christine Vanderpool (IT Director, Florida Crystals) discussed cyber security risks and measures during the coronavirus lockdown. THE REPLAY VIDEO IS …

Are you leaking data and revealing your privacy through your iPhone or iPad? In the March 2020 Palm Beach Bar Bulletin, the article, “Protect the Privacy of Your iOS 13 Device,” explains how to ensure you are not unknowingly being tracked, heard, recorded, or located. Written from the perspective of …

A great thanks to the Palm Beach Bar Association for inviting me to speak about cyber security and technology trends at the annual ADR CLE/CME on Monday, February 10,. 2020. This year the theme is “The New Flavors of ADR” and I can assure you that “the cyber” and tech …

Is it ethical (or wise) to cc or bcc your clients on emails sent to opposing counsel? It is a widespread practice but not a wise choice. This article, published by the Palm Beach Bar Association in January 2020, explores the six bar opinions discussing the ethics and (lack of) …

Florida drivers (and those in the car) should be aware that it is fairly well-settled that police have probable cause to search a car and occupants during a traffic stop based on “the faint odor of cannabis.” But how far can the search go? We find out in Jevin Hilliard …

When drafting contracts, it is advisable to use contract language which courts have already approved and enforced. This is especially true for exculpatory clauses, which must be clear and unambiguous. In Vignaraj Munsami Pillay v. Public Storage, Inc., Florida’s Fourth District considered an appeal arising from a dispute between a …