Fowler White Burnett, P.A.

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms to…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

In the Wake of Heimeshoff, the 11th Circuit and Equitable Tolling of Reasonable Contractual Time Limitations

As all ERISA practitioners are now well aware, in Heimeshoff v. Hartford Life & Accident Ins Co., 134 S.Ct. 604 (2013), the United States Supreme Court provided that contractual time limitations provisions are enforceable in…more
| Civil Procedure, Insurance, Labor & Employment Law

Florida State Appellate Court Provides Guidance for Defendants Pursuing Summary Judgment on Statute of Limitations Grounds

A Florida state appellate court recently provided guidance for defendants pursuing summary judgment on statute of limitations grounds where a plaintiff initially sues the wrong corporation and later substitutes the correct…more
| Civil Procedure, Professional Malpractice

Florida Supreme Court Holds that Statutory Caps on Noneconomic Damages in Medical Malpractice cases Cannot be Applied Retroactively

In Miles v. Weingrad, --- So. 3d ----, 2015 WL 2401261, 40 Fla. Law Weekly S279 (Fla. May 21, 2015), the Supreme Court of Florida recently resolved the conflict between the Third and Fourth District Courts of Appeal regarding…more
| Civil Procedure, Civil Remedies, Professional Malpractice

The 4th District Adheres To Rule Limiting Discovery Of Expert Witness’s Earnings And Financial Information

The Fourth District adheres to Rule 1.280(b)(5)’s discovery limitations with regard to a witness’s earnings as an expert witness or income derived from other services in the absence of “the most unusual or compelling…more
| Civil Procedure

Wage and Hour Alert

Must I pay my housekeeper minimum wage and overtime pay? Yes! Recently, an increasing number of domestic service employees (such as nannies and housekeepers) have filed wage and hour claims against their employers in South…more
| Labor & Employment Law

Erasing The Invisible Line In The Sand: The Need To Amend Section 1307(C) Of The Bankruptcy Code To Establish A Statutory Basis Of Bad Faith And Dismissal In Foreclosure Driven Chapter 13 Cases

Bad faith. These two words alone are troublesome to almost all attorneys, especially those who regularly practice in bankruptcy court. Yet there have always been Petitions for Relief filed for improper reasons…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

Florida Supreme Court Holds That Exculpatory Clauses Are Not Required To Include The Terms “Negligence” Or “Negligent Acts” In Order To Bar A Negligence Action

The Supreme Court of Florida in Sanislo v. Give Kids the World, Inc., --- So. 3d ----, 2015 WL 569119 (Fla. Feb. 12, 2015), distinguished indemnity agreements from exculpatory clauses and declined to apply the specificity…more
| Commercial Law & Contracts, Personal Injury

Undercover of the Night – Hacking, Data Breaches And The Terrorism Exclusion

In recent years, there have been several notable large data breaches that have caught the attention of the media. Home Depot and Target are examples of major corporations that have been hacked…more
| Commercial Law & Contracts, Privacy, Insurance, International Law & Trade, Science, Computers, & Technology

A Claimant May Be Deposed Before Shown Surveillance Materials

The Fourth District in Hankerson v. Wiley, --- So. 3d ----, 2015 WL 71735, 40 Fla. Law Weekly D195 (Fla. 4th DCA Jan. 7, 2015), aligned itself with recent Third District decisions and quashed a trial court order which permitted…more
| Civil Procedure, Personal Injury

Photographs Posted on Facebook are Discoverable

The Fourth District in Nucci v. Target Corp., --- So. 3d ----, 2015 WL 71726, 40 Fla. Law Weekly D166 (Fla. 4th DCA Jan. 7, 2015), recently held that photographs posted on a plaintiff’s social media sites are discoverable if…more
| Civil Procedure, Communications & Media Law, Personal Injury, Privacy

Recent 4th DCA Red Light Camera Decision May Invalidate Citations

In a recent landmark decision the Fourth District Court of Appeal invalidated citations issued in the City of Hollywood. The issue raised involved the validity of red light citations issued to drivers by the third-party company…more
| Criminal Law

President Obama's Executive Action on Immigration

On November 20, 2014, President Obama addressed the nation and outlined his planned executive actions on immigration. The following day he issued two Presidential Memoranda setting forth additional directives for modernizing and…more
| Elections & Politics, Labor & Employment Law, Immigration Law

Panama Canal Expansion Update: October 2014 Milestones

The Panama Canal connects the Atlantic and Pacific Oceans and joins North and South America. It is one of the narrowest waterways in the world, yet thirteen to fourteen thousand ships brave the Panama Canal each year because it…more
| Environmental Law, Zoning, Planning & Land Use, Maritime Law, Transportation

President Obama Slated To Overhaul U.S. Immigration Policy

It is widely believed that President Obama is getting ready to announce, possibly later this week, a plan to overhaul U.S. immigration policy through executive action, including suspending deportation of millions of undocumented…more
| Elections & Politics, Labor & Employment Law, Immigration Law
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Espirito Santo Plaza 1395 Brickell Avenue, 14th Floor
Miami, Florida 33131, United States

Contact: Elena Cobo

  • 305.789.9200
  • 305.789.9201

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Family Law
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Other U.S. Locations
  • Florida
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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