Florida Court Holds That “Business Rating” on BBB’s Website is Not Defamation (Home Performance v. BBB)
In a short (and not surprising) opinion, the Florida Second District Court of Appeal held that a business rating of a “D+” on the Better Business Bureau’s website was not defamation but, instead, was a constitutionally-protected, non-actionable opinion “based on an evaluating process and a subjective opinion which was not …
Operational Software Essentials (for Lawyers)
I had the opportunity to make a brief presentation to the members of the Solo & Small Firm Committee of the Palm Beach Bar Association regarding Operational Software Essentials for small law firms and solo lawyers. I appreciate the invitation and the excellent attendees. The Powerpoint of the presentation is …
Is a Forum Selection Clause Mandatory When It Says Both “Exclusive” and “May Be Brought in…”? (Ecovirux, LLC v. Biolpedge)
The parties negotiated a contract and, in the final form, the forum selection clause read as follows: The debate over whether this clause was PERMISSIVE or MANDATORY came down to a question whether the phrase “exclusive venue” controlled over “may be brought in…” Other issues were whether this was a …
Florida Court Declines to Apply Exculpatory Clause to Strict Products Liability Clause, Citing (Never Seen Before) “Clear” Public Policy (Harrell v. BMS Partners LLC dba Broward Motorsports)
Florida’s Fourth District Court of Appeal opined yesterday that Florida has a “clear” public policy prohibiting the use of exculpatory clauses to avoid claims of strict products liability despite the fact that no Florida court had ever determined such a policy existed. Relying upon federal and non-Florida precedent, the Court …
Arbitration Clause Enforced in Legal Malpractice Case, Even with Fee-Shifting Discovery Clause
Florida’s Third District Court of Appeal enforced an arbitration clause in a law firm’s engagement letter even though the clause also included a shifting of fees for discovery. See Annie-Sophie Gonthiez Mavroleon v. Fernando Orrego and OC Estate and Elder Law, P.A. Here is the arbitration clause which the Court …
Christopher Hopkins Speaks on “Protect Your Mediation Practice from Hackers” (Florida Dispute Resolution Conference 2022)
Thanks to the Florida Dispute Resolution Center for inviting me to speak about Protecting Your Mediation Practice from Hackers this year at their 2022 30th Annual Conference in Orlando. The PowerPoint for the presentation is here.
Christopher Hopkins Speaks on Florida Proposals for Settlement: How This Fee Shifting Device Complicates Your Mediation (Florida Dispute Resolution Conference 2022)
Thanks to the Florida Dispute Resolution Center for inviting me to speak about Proposals for Settlement this year at their 2022 30th Annual Conference in Orlando. The PowerPoint for the presentation is here.
Use of iPhone to Find a Bank to Rob and Use of iPhone Police Scanner App Leads to Conviction (McCarthy v. Dept. Corrections)
A Florida jury found Shola McCarthy of robbing a bank and using a police scanner in violation of 843.167(1)(a), Fla. Stat., which prohibits interception of police radio “to assist in committing a crime or to escape from or avoid… arrest… In connection with the commission of such crime.” In 2013, …
Christopher Hopkins to Speak on “Cybersecurity & Data Breach Risks in 2022” at the Florida Creditors Bar Association
Special thanks to the Florida Creditors Bar Association for inviting me to speak at their annual conference in Orlando this year. We discussed spear phishing, business email compromise, and man-in-the-middle attacks as well as ethics issues and practical steps how to protect lawyers and law firms from these risks. For …
During a DUI Stop, Are Police Required to Tell the Driver that Her Lawyer is on the Phone? (Florida v. Alyssa Abache)
During an investigation of a car crash, police moved one driver away from others, advised her that he was conducting a criminal investigation, and read her Miranda warnings. He then requested that she perform field sobriety exercises. Before beginning, however, another person “held up a cell phone, stated that [the …
Privacy Guide for Your Apple iOS 15 Devices
Take 5 minutes to run through the settings on your iOS 15 (iPhone and iPad) security settings to ensure you are not leaking data. This article, originally published in the Palm Beach Bar Association Bulletin, explains the steps in a single page article so you can protect your devices and …
Is Your Arbitration Clause “Broad” or “Narrow”? And Do You Understand Buckeye v. Cardegna? (BREA 3-2 LLC v. Hagshama)
Most clients include arbitration clauses in their contracts with the intent that any and all disputes between the parties should be resolved by arbitration. Lawyers, however, don’t always write the contract that way… even though the rules have been crystalized for about a decade. Here’s the first test whether your …
Dangers of the Dark Web (Law Firm Leaders Summit 2021)
Is your data on the dark web? How about your usernames and passwords? Likely. At the Law Firm Leaders Summit this week in Orlando, I had the opportunity to discuss the dark web; three ways people get hacked; and how to find your information on the dark web. Thanks for …
ESI, e-Discovery & Other Tech Issues for Mediators (Florida Dispute Resolution Center Conference 2021)
Thank you to the Florida Dispute Resolution Center for inviting me to speak at the 29th Annual Conference this year. This session focused on: Venmo & recent Florida Bar ethics opinion Defining ESI terms Rules of eDiscovery Steps of eDiscovery (preservation letter, litigation hold, duties, spoliation) 4 recent 2021 eDiscovery …
What is the Proper Venue for an Alleged Defamatory Facebook Post in Florida? (James Lowery III v. Shane McBee)
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 …