Thursday, June 13, 2013

Funny post about Apple v. Samsung payment brings reminder

A humorous fictional piece circulating on the net and in social media about the payment of a billion dollars by Samsung to Apple in the form of thirty trucks loaded with nickels reminds parties and their lawyers drafting terms of the need for providing specificity of payment terms in any settlement agreements. Though providing funds by check to the trust account of the lawyer on behalf of the client in a set number of days is the most common form of payment, the straight wiring of funds between parties' financial institutions is increasing. The wiring of money in settlement agreements often includes specific routing instructions and provides time for funds to clear. Typical time frames are 30 to 45 days from the confidential conference if a deal is reached at mediation, though the presence of insurance sometimes shortens this to twenty days. Tax consequences of business dispute payments versus personal injury settlements should also be explored. In any event, if you like Onion-style stories and need a quick laugh, see and

Thursday, June 6, 2013

New FL Ninth Judicial Circuit Biz Court Procedures

Now approaching a decade in existence, Florida's Ninth Judicial Circuit Complex Business Litigation Division or "Business Court" in Orlando specializes in handling complex business cases, such as antitrust, commercial foreclosure, intellectual property, franchise and unfair competition lawsuits. The goal is to handle business litigation matters in a more effective and efficient manner, much like the federal courts. The Business Court Procedures, known locally as the BCP, have just been revised retroactive to April 1, 2013 (in conjunction with civil division e-filing New and notable is the requirement of attorneys who provide more than 50 pages of materials to the court for hearing preparation (typically done by the delivery of indexed binders) to provide this material now only on a USB drive. Also significant is the change to BCP 5.11(a) which requires that contested discovery motions be fully briefed unless the motion will be heard by the magistrate, or unless excused by the trial judge. The use of mediators and magistrates may be discussed the case management process, as well as in resolving ESI disputes arising out of electronic discovery. See Biz Court links here-- and revised BCP