The Florida Supreme Court issued a per curiam opinion on May 23, 2019, reversing its decision seven months earlier in Delisle v. Crane, (Case No. SC16-2182) concerning Florida Statute Section 90.702 and the admissibility of expert witness testimony in the state. The court made a complete about face, rejecting the less rigorous Frye standard established […]
Posted on December 05, 2018 by
Richard Fechter
In a crucial 4-3 decision, the Florida Supreme Court in Delisle v. Crane, Case (No. SC16-2182) (Oct 15. 2018), clarified the law governing the admissibility of expert witness testimony in Florida, moving away from the strict Daubert standard used in federal courts to the less rigorous Frye standard. Previously, Florida trial courts that were unsure […]
Entertaining clients, referral sources and employees with tickets to sporting events, country club outings, fishing trips or other forms of business promotion are common business practices. No matter how significant these costs, businesses have had the reassurance that the IRS would permit them to deduct all or a portion of these meals and entertainment (M&E) […]
Attorneys involved in economic damages cases understand that they have an obligation to prove lost profits with “reasonable certainty” based on their use of “best evidence.” However, the courts have not agreed on one universally accepted standard or criteria for what specifically constitutes best evidence; such decisions inevitably rely on the facts and circumstances of […]
This article originally appeared in Daily Business Review. Attorneys involved in forensic investigations are well-versed in the finer points of gathering information and conducting interviews that can uncover the truth from the most reluctant and guarded sources. Careful preparation and planning goes a long way toward building trust and rapport with interviewees, recognizing their verbal […]
The ability to collect, recover and preserve digital data stored on individuals’ personal computers and networks is not new. In fact, according to the FBI, the history of computer forensics and its use in the investigation and substantiation of evidence in legal cases can be traced as far back as the 1980s. As technology has […]
Posted on December 16, 2015 by
Richard Pollack
In December, the Florida Bar challenged the 2013 legislative adoption of the Daubert standard governing the admissibility of expert testimony in cases involving lost damages. In a vote of 33-9, the Florida Bar board of governors rejected the strict Daubert standard used by Federal courts and 27 states in favor of the Frye standard of expert testimony that was […]
Posted on November 30, 2015 by
Richard Pollack
For many people, there are few things more important to them than their family and their business; sometimes the two are intertwined. By taking steps to protect their business, they are also protecting their family. Every day that value is added to a business without a plan for future transition, it increases the owners’ financial […]
According to the Association of Certified Fraud Examiners’ (ACFE) 2014 Report to the Nations, fraud continues to plague the construction industry. Exacerbating the problem is a sector-wide failure to implement strong internal controls and reliable methods for detection, often due to the perceived expenses of such preventative measures. However, these expenses are, in reality, minor […]
