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Author: Jimerson Birr

E-Discovery Terminology for Every Litigator

March 7, 2017 Professional Services Industry Legal Blog, Technology Industry Legal Blog

On September 29, 2016 the Florida Supreme Court amended rules 4-1.1 and 6-10.3 to the Rules Regulating The Florida Bar. As a result, Florida attorneys will now be required to obtain 3 credit hours of CLE in approved technology programs. Further, language was added to the Comment to Rule 4.1.1 Competence, which reads as follows:

Competent representation may also involve the association or retention of a non-lawyer advisor of established technological competence in the field in question. Competent representation also involves safeguarding confidential information relating to the representation, including, but not limited to, electronic transmissions and communications.

What does this mean for litigators dealing with electronic evidence? I like to say that the realm of eDiscovery is a melding of legal and IT, two groups of professionals who speak different languages, and who under typical circumstances do not care to speak the language of the other. We have all heard that attorneys speak legalese, and we know of the “IT speak” that flies over the heads of IT industry outsiders. How can we manage the additional eDiscovery industry terminology that is a necessary part of the conversations between IT and legal that surround litigation or a government investigation? At the time of my entry into the field of eDiscovery in 2013, I had not even heard of the term metadata, much less jargon like DeNIST, TIFFing, load file, and so on.

Jimerson Birr Selected to Gator100

February 28, 2017 Press Room

JACKSONVILLE, Fla., February 28, 2017 – Local law firm Jimerson & Cobb, P.A. was named to the University of Florida’s 2017 Gator100 during an on-campus ceremony on Feb. 10. Sponsored by the UF Alumni Association, in partnership with the UF Entrepreneurship & Innovation Center, the Gator100 honors the 100 fastest-growing […]

Defending Involuntary Bankruptcies Part I: The Basics of an Involuntary Bankruptcy

February 24, 2017 Banking & Financial Services Industry Legal Blog

Involuntary bankruptcy is a legal proceeding creditors may use to force a debtor into bankruptcy, rather than a debtor voluntarily seeking bankruptcy protection on its own behalf. Creditors seeking involuntary bankruptcy must file a petition in the bankruptcy court, and the debtor has the opportunity to defend against being forced […]

Construction Project Delivery Methods – Part II

February 21, 2017 Construction Industry Legal Blog

There are many options for a contractor to deliver a project to a commercial owner. As with each different project, the delivery method can change to suit the needs of the parties. Careful attention should be taken when analyzing which method works for the particular project. Each of these various project delivery methods carry differing risks for the parties involved (i.e. owner, contractor, subcontractors, etc.). This two-part blog discusses some of most common project delivery methods for commercial construction projects. Part I discussed Design Build methods and Construction Manager at Risk. This part II will address some trending project delivery methods.

An Overview of Florida’s Deceptive and Unfair Trade Practices Act, Part I: What is FDUPTA, Who Does it Protect, Why is it Needed, and What is Actionable?

February 17, 2017 Professional Services Industry Legal Blog

Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) was passed by the Florida Legislature in 1973, and was designed as a state law complement to the Federal Trade Commission Act. 15 U.S.C. § 45. FDUTPA, sometimes referred to as the “Little FTC Act,” provides private remedies based on consumer protection […]

Turnover: Transitional Considerations for the Homeowners’ Association

February 14, 2017 Community Association Industry Legal Blog

Part one of this blog discussed turnover in its initial stages: the events that trigger turnover and the files and papers the developer is required to produce to the homeowners’ association at the time of turnover. Once an association has completed those steps, the board must then turn to critical business and make crucial decisions for the association. Associations and their boards should bear in mind the following issues as they go through turnover and immediately thereafter.

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