Posts from November 2016.

Tampa partner, board certified appellate lawyer Suzanne Labrit explains how the ‘tipsy coachman’ doctrine may provide a basis for affirmance even if the trial court’s reason for its ruling is not the ‘right’ reason.Read More

On federal construction projects, the parties may contract where they would like to litigate potential disputes, but care should be given as to what venue is selected based on various factors.Read More

The ability of internet service providers to track what consumers do online will become more difficult in the years ahead. On October 27, 2016, the Federal Communications Commission (“FCC”) delivered a major victory to internet privacy by adopting new privacy and data security rules that will require...Read More

In the federal arena firms do not have a right to their competitors’ proposals or the agency’s evaluation documents, making it difficult to know whether or not an award to a competitor was proper. However, as our authors explain, it is possible to prevail in a bid protest with only information learned after the protest itself...Read More

What is the difference between the two rules? Simply put, one leaves the door open for new arguments while the other keeps it shut.Read More

The New York Department of Financial Services (the “DFS”) recently announced a wide-reaching proposed cybersecurity regulation for the financial services industry (the “Proposed Regulation”). The Proposed Regulation generally would apply to any institution supervised by the DFS, which ranges from...Read More

This year, FINRA issued its 2016 Regulatory and Examination Priorities Letter and announced that it would review firms’ approaches to cybersecurity risk management. FINRA will undoubtedly raise intensity on cybersecurity compliance, likely resulting in increased disciplinary actions and sanctions for violations of...Read More

Any Florida appellate attorney worth their salt is familiar with the Applegate line of cases requiring the appellate court to affirm the judgment on appeal when the appellant has not provided a record adequate to demonstrate reversible error. Although it may be tempting to rely on such caselaw when your opponent fails to...Read More

Companies that do business with health care providers may be subject to the HITECH Act and the potential civil and criminal penalties that may be imposed under the Act. In order to avoid and/or mitigate those penalties, it is imperative that companies understand the requirements of the HITECH Act and tailor their policies and...Read More

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck...Read More

Yesterday, the Supreme Court heard oral argument in Star Athletica v. Varsity Brands, which turns on whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightableRead More

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