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 February 26, 2015 by
Scott Bouchner
Mitigation in lost profit cases involving torts and contract disputes refers to the principal that an injured party must make reasonable effort to avoid or minimize the losses it suffered in order to recover monetary damages. Contrary to popular belief, the law does not place on plaintiffs a “duty to mitigate” in order to establish […]
Posted on December 23, 2014 by
Art Lieberman
In overturning a Tax Court decision, the Court of Appeals for the 11th Circuit recently held that a real estate developer who sold his rights as a plaintiff in a suit against a party who backed out of a contract to sell land to the developer had capital gains from the sale. In its […]
Posted on October 06, 2014 by
Joel Glick
The mention of usury often brings to mind predatory payday lenders and loan sharks. However, the practice of charging an excessive rate of interest often occurs in traditional financial transactions as well. Frequently, it is an unintended consequence of either or both parties failing to understand the nuances of state laws and lacking the skill […]
Posted on September 30, 2014
A plaintiff filing suit to recover lost profits resulting from a defendant’s wrongful action must estimate with reasonable certainty the amount of the loss caused by the defendant’s misconduct. When calculating lost profits, the damages expert establishes an amount of lost revenues and then determines the costs that should be deducted from that amount. Despite […]
Posted on September 02, 2014 by
Richard Fechter
Law firms that hold funds in trust for clients and other parties in connection with legal representation have new a new level of checks and balances to contend with in upholding their fiduciary responsibilities. Specifically, effective June 1, all law firms in Florida with more than one lawyer must have in place up-to-date written plans […]
Effective June 1, 2014, all Florida law firms employing more than one lawyer must have in place written plans for each of the trust accounts they manage. The Florida Supreme Court adopted this amendment to Florida Bar Rule 5 – 1.2 (c) in late March of this year, leaving law firms with little time to […]
