Sometimes litigants are asked to disclose trade secret information during the course of a lawsuit. These litigants usually object claiming the privilege of trade secret. See, e.g., Fla. Stat. § 90.506 (“A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret…
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FLORIDA INTERNET LAW: RETAINING JURISDICTION OVER OUT OF STATE PARTIES WHO CONDUCT BUSINESS OVER THE INTERNET
Businesses that conduct online commerce with Florida residents should be prepared to litigate disputes arising out of their transactions in Florida. The Fourth District Court of Appeal has described the interplay of the internet and assessments of specific and general jurisdiction as “a confusing area of the law that is…
ARE YOU AN ONLINE SHOPPER? RECENT COURT CASE SUGGESTS THAT SALES AGREEMENTS SHOULD INCORPORATE TERMS AND CONDITIONS
Sellers who want to protect themselves from being sued by disgruntled customers should carefully design their websites to validly incorporate the terms and conditions that they would like to impose in the transaction. The validity of an online seller’s “terms and conditions” is critical to determine the rights and obligations…
ADMITTING PUBLIC RECORDS INTO EVIDENCE AT TRIAL
Under Florida law, government records are often admissible both as business records and public records, but it is generally easier to obtain admission as a public record. An evidentiary proponent may easily authenticate public records by requesting the state supply the record under seal. It also is not necessary to…