Category Archives: General
Understanding E-Discovery
E-discovery is a recently-coined buzzword in the legal sphere for discovery dealing with electronic documents. While much of the nuts and bolts of e-discovery are handled on the lawyer’s end, savvy clients should also have a basic understanding of the process, so that they can properly vet their potential business litigation attorneys. This type… Read More »
Federal Regulations and False Advertising
Organizations within the federal government do not always communicate well with each other. This can be a problem for companies trying to operate under a web of federal regulations because approval in one place does not necessarily mean approval across the board. One recent example of this was the Supreme Court case Pom Wonderful… Read More »
What Copyright Protects
Copyrights, patents and trademarks are each valuable parts of an intellectual property portfolio, but people often find it difficult to keep straight which intellectual property is protected by which set of rules. Each branch of intellectual property is designed for a very specific type of protection, and conflating them can often cause problems. Take,… Read More »
Florida Corporation Files Multi-Count RICO Lawsuit
A Florida corporation’s recently-filed lawsuit against one of its competitors highlights the far-ranging implications of the Racketeer Influenced and Corrupt Organizations Act (RICO). Congress initially implemented RICO in the early 1970s to help police and law enforcement professionals combat the growing influence of organized crime. Prior to RICO, prosecutors were forced to use ordinary… Read More »
Trademark Registration and its Effect on Litigation
A strong trademark can be a powerful tool for a company looking to expand its market share and build strong ties to its consumers. Trademarks allow consumers to instantly recognize a company and remember all the good, or bad, things they know about the company. From time to time, keeping a trademark strong may… Read More »
Who Just Hired the Lawyer?
Lawyers often refer to corporations as “legal fictions.” This means that from a legal standpoint a corporation is a real entity. It can sue people, be sued by people, and enter into contracts just like a real person can, but the corporation is not a real person. A corporation cannot hold conversations with people… Read More »
Shareholder Lawsuits: Direct versus Derivative
One of the most common types of commercial litigation is the shareholder lawsuit. In shareholder lawsuits a shareholder sues either based on a harm that they suffered themselves or based on a harm suffered by the corporation itself, which indirectly hurts them by lowering their investment’s value. The type of harm is important because… Read More »
Understanding Fair Use in Copyright Law
One of the most commonly discussed pieces of copyright law is the doctrine of fair use. It is also one of the most complex pieces. This doctrine acts as a powerful limitation on the rights of copyright holders because it undercuts their monopoly on their works. Ordinarily, only a person who holds a copyright… Read More »
Legal Malpractice Claim by Bank Against Attorney After Fraudulent Wire Fraud
A lawyer in Illinois has been sued by a bank after he was allegedly fraudulently duped by a fake client. He was tricked into wiring half-a-million dollars without sufficient proof that the client was authentic. Attorneys and law firms have become a major target for online scams. The “Nigerian prince” scams of years past… Read More »
Franchise Law Basics in Florida
Franchises can be lucrative and attractive business opportunities for both the franchisor (the founder of the original business) and the franchisee (the owner of the business that is licensing rights to use the franchise for a new business location). It is important to keep track of the relevant franchise laws of the state, or… Read More »
Railroad Accident Results in Film Crew Fatalities and Injuries
Increasingly associated with a bygone era, railroads are still very much a part of American life. Part of that reality, unfortunately, is accidents resulting in injuries and/or death. It is precisely this tragic inevitability that resulted in a lawsuit against Florida-based railroad operator CSX. While filming a movie based on the life of Allman… Read More »
Damages Arising From Negligence in Sexual Assault and Battery Cases
Nothing is more traumatic than sexual abuse, as reminds a case involving a Florida Diocese, Eucharistic minister, and a 13-year-old special needs boy. In a suit against the Catholic Diocese of Venice in Florida for $5 million in damages, both the Diocese and its bishop have been accused of negligence in failing to prevent… Read More »
Lake County, Florida ATV Crash Turns Deadly
Fourth of July weekend brings both festivities and tragedies. Sure, there are barbeques, baseball games, and beautiful fireworks displays. But there are also accidents, especially in a state like Florida that is home to countless land and sea adventures. One such accident, in Lake County toward the end of this year’s Fourth of July… Read More »
A Personal Note on Breast Cancer Awareness
In Honor of October Breast Cancer Awareness Month Ten years ago, I stood before my sorority chapter of one hundred fifty women and asked one in eight women to stand. The purpose was to hit home that one in eight women would be diagnosed with breast cancer at least once in their lifetime. Even… Read More »
Driver and Two Passengers Lose Their Lives After Another Wrong-Way Accident
A 33-year-old Florida woman lost her life after the car she was driving crashed into a truck. The car was heading the wrong way down the highway when the accident occurred. Two passengers in the car, the driver’s 31-year-old sister and a 26-year-old man, also lost their lives in this car accident. The truck… Read More »
Three-Year-Old Crashes Vehicle Into Several Parked Cars
Several parked cars were damaged when a 47-year-old Florida woman allowed her 3-year-old grandson to drive a car. According to what one witness told police, there was a loud crash and the witness saw a gold, four-door Chrysler crash head-on into a parked vehicle and then back into another vehicle. The witness said that… Read More »
Driver and Two Passengers Lose Their Lives After Another Wrong-Way Accident
A 33-year-old Florida woman lost her life after the car she was driving crashed into a truck. The car was heading the wrong way down the highway when the accident occurred. Two passengers in the car, the driver’s 31-year-old sister and a 26-year-old man, also lost their lives in this car accident. The truck… Read More »
Types of Fault in Car Accident Cases
If you are involved in a car accident and you want to receive compensation for your injuries from the driver who caused the accident, you will need to prove that the other driver is at fault. The two most common types of fault are (1) negligence, and (2) recklessness. Another type of fault is… Read More »
Motorcyclist Dies After Being Struck by Car Driving the Wrong Way
A 42-year-old man was killed in a motorcycle accident near Miami, Florida, when a car that was going the wrong way crashed into him. The driver of the car was a 20-year-old woman, and it does not appear that there were any passengers in her car at the time of the accident. This accident occurred on… Read More »
Woman Run Over By a Truck and Recovery Possibly Limited by Florida Law
A woman was run over by a vehicle while she was sunbathing, and now she is filing a lawsuit to be compensated for her injuries. The car accident occurred in July 2011 while the woman was sunbathing at Daytona Beach. She was injured when she was run over by a truck that was being driven by a lifeguard. The truck… Read More »