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“The Cheshire Cat and Insurance Carriers” – Today’s General Counsel

The Cheshire Cat, a character created by Lewis Carol in Alice’s Adventures in Wonderland, would allure by his looks, confuse or annoy those who encountered him with complex philosophical points, then disappear into thin air. After the Cheshire Cat receives a death sentence, it makes all but its head disappear, thus sparking debate about whether […]

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“Don’t Let the Expert’s Communications Become Discoverable” – Today’s General Counsel

For attorneys practicing in Florida state and federal courts, a typical litigation consists of two discovery phases: fact discovery and expert discovery. Most litigators are familiar with fact discovery and what must and must not be disclosed under the applicable rules of procedure. For example, communications between a client and the client’s attorney can be […]

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“The Conflict Between a Shareholder’s Right to Inspect Financial Records and the Company’s Accountant-Client Privilege Under Florida Law” – Today’s General Counsel

It is not uncommon for a business or its executives to be presented with allegations of mismanagement or wrongdoing by a minority shareholder accompanied by requests for company financial records.  When such allegations arise, it is important for a business organization to be prepared to efficiently address the allegations while protecting its privileged communications with […]

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“Direct Versus Derivative in Shareholder Litigation: Is It an Ad Hoc Inquiry?” – Today’s General Counsel

Whenever a shareholder brings a claim involving the company’s officers and directors, the court must decide whether the shareholder is suing for harm suffered individually, and the claim is direct – or if the alleged harm is suffered by the company, and the claim is derivative. Distinguishing between direct and derivative claims, however, has become […]

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