By Valerie C. David This article will discuss artificial intelligence, with a specific focus on ChatGPT and its role in the legal realm. AI is Everywhere! Artificial Intelligence (“AI”) is paralleled with the same evolutionary path as the splitting of the atom.[1] Perhaps that is why many are hesitant to embrace it. Indeed, the “darker...Read More
By David W. Henry This article aims to identify and cure a species of mediation malpractice. The putative error or species of mediator malpractice (so to speak) is in allowing the parties to create a document that purports to resolve the dispute but which in truth is an unenforceable agreement to agree. “Agreements to agree”...Read More
By: Deedee Bitran, Esq. Shutts and Bowen LLP Last month, the Equal Employment Opportunity Commission (“EEOC”) sued a Florida-based McDonald’s franchisee (Houcorp, Inc.) for allegedly failing to accommodate a deaf job applicant under the Americans with Disabilities Act (“ADA”). The Complaint alleges that a job applicant who is hard of hearing requested and was denied...Read More
By Christopher DeCort On April 27, 2023, the Florida Supreme Court issued an opinion in which it further amended Fla. R. Civ. P. 1.530 to require motions for rehearing to preserve for appeal challenges based upon a trial court’s “failure to make required findings of fact” (rather than “the sufficiency of trial court’s findings”). The...Read More
Dennis LeVine, Brock & Scott, PLLC Fraud by auto repair shops and towing companies cause lenders to lose their liens on vehicles and incur multi-million-dollar losses. In 2019, the Florida Legislature significantly amended the vehicle repair shop lien statute to address rampant fraud in Florida by vehicle repair shops. This effort began with a letter from...Read More
By Michael Kolcun, Adams and Reese LLP In a case of first impression, SE Property Holdings, LLC v. Welch, __ F.4th __, 2023 WL 2878735 (11th Cir. April 11, 2023), the Eleventh Circuit held that the “catch-all” remedies provision in the Florida Uniform Fraudulent Transfer Act (“FUFTA”), Fla. Stat. § 726.101 et seq., neither allows...Read More
By: Deedee Bitran, Esq. Shutts & Bowen LLP Two new pieces of federal legislation are reshaping and improving the landscape for women in the workforce by mandating reasonable pregnancy accommodations and expanding protections to employees who pump breastmilk at work. In light of these new federal laws, employers should promptly (i) consult with their employment...Read More
by Manny Farach March 25, 2023 DeMaria v. Construction Industry Licensing Board, Case No. 1D20-2306 (Fla. 1st DCA 2023). Even if the contractor has declared bankruptcy, Florida Statute section 489.1401(2) requires a claimant seeking recovery from the Construction Industry Recovery Fund obtain a judgment, an arbitration award, or an order of restitution before the Construction...Read More
February 25, 2023 Maddox v. Maddox, Case Nos. 2D21-517 and 2D21-521 (Fla. 2d DCA 2023). The assets of a third party company cannot be adjudicated during divorce proceedings unless the company is made a party to the proceedings and has the opportunity to participate with regard to its assets. Oana v. Solomon, Case No. 2D22-772...Read More