Federal and State Court Judges in Florida order nearly every civil case, whether it is a commercial/ business litigation, a divorce proceeding, or a personal injury claim, to participate in mediation at some point during the life cycle of the case. As routine as this fact may be, lawyers tend…
The article was originally published by ABA Bank Compliance in May-June 2018. In everyday language, “frivolous” is defined as “silly” and “not having any serious purpose or value.” The legal definition of “frivolous” is “lacking in any arguable basis or merit in either law or fact.” Most defendants in litigation…
Amy Drushal authored the article “Protecting Your Institution from Fair Credit Reporting Act Litigation,” published in the May/June 2018 edition of the American Bankers Association’s Bank Compliance magazine. Given the uptick in frivolous claims brought by plaintiffs under the FCRA, financial institutions must be prepared to protect themselves from Fair…
Data privacy law in the United States continues to evolve at a rapid pace, and all companies would be wise to pay close attention. As any company that has experienced a data breach can attest, the location of a company’s offices does not solely determine which law applies. Instead, companies…
To start a mediation session with an opening statement from each party, or not; that is the question. As simple as it may sound, deciding whether or not parties should prepare and present opening statements in a mediation session, and what those statements should include, can be a critical choice;…
Employment Law attorneys Amy Drushal and Alicia Koepke co-authored the article “Protecting Your Organization During the #MeToo Movement,” published by Chief Executive on March 6, 2018, addressing liability organizations might face for sexual harassment claims and providing tips for executives on implementing an effective anti-harassment policy and responding to claims….
Mediations often fail because counsel have not taken the time to fully inform their clients on the process and goals of mediation, particularly the proper tone needed for an effective session. Yet, setting the proper tone with the parties before mediation can significantly increase the likelihood of a successful resolution. …
As published in The Hillsborough County Bar Association LAWYER Magazine, November – December 2017 Issue. The Servicemembers Civil Relief Act1 protects active duty members of the Armed Forces against a variety of civil proceedings, such as evictions, termination of installment sales contracts, mortgage foreclosures, and sales of stored goods to…
Cybersecurity measures on a budget can include regular training, safe email practices, secured systems and a good cyber insurance policy. Our dirty little secret is out. A cursory review of recent articles in ABA magazines and webzines, let alone a full-fledged search on Google, reveals the unsightly truth—law firms are…
In addition to providing the client a detailed overview of the mediation process, it is incumbent on counsel to prepare the client on how best to achieve the ultimate goal of mediation, a favorable settlement. With this in mind, it is very important for counsel to meet with the client…
