In Florida, the legislature deemed open dialogue between an accountant and a client so important that, in 1978, it adopted a privilege nonexistent in the common or law: the accountant-client privilege....more
In 2016, we authored an article titled “Pretrial Problems: Don’t Forfeit Your Personal-Jurisdiction Defense.” In that article, we discussed the Seventh Circuit’s decision in German American Financial Advisors & Trust Co. v....more
Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more
The Seventh Circuit’s decision in German American Financial Advisors & Trust Co. v. Rigsby, No. 15-1612, --- F. App’x ----, 2015 WL 5579751 (7th Cir. Sept. 23, 2015), highlights the preservation pitfall of forfeiting a...more
It is generally understood that the “sham affidavit doctrine” will prevent a party from creating an issue of material fact to defeat summary judgment by filing an affidavit that contradicts its prior deposition testimony....more
This article discusses a potential pitfall or opportunity for parties litigating a claim under the private sector Florida Whistle-blower Act (“FWA”), §§ 448.101, Fla. Stat., et seq. The FWA applies only to employers who...more