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Florida Banking Law Blog Legal developments impacting banking, finance and loan enforcement in Florida

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The Spoliation of Text Messages

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In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other Electronically Stored Information (“ESI”), text messages are subject to a litigation hold, and, as a consequence, if… Continue Reading

Gross Negligence Enough for Adverse Inference Instruction

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In 2003, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York issued five landmark decisions, which have since shaped the landscape of electronic discovery and document preservation. In her Zublake decisions, Judge Scheindlin held that potential litigants have an affirmative duty that requires a party anticipating litigation to refrain… Continue Reading

“Saving Everything” No Defense to Spoliation Argument

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As we discussed in our previous spoliation post, parties are required to place a litigation hold on all documents once litigation could be reasonably anticipated. Although there are certain definite “trigger events”, such as the receipt of a demand letter or the filing of a civil complaint, many courts have looked beyond these definite events… Continue Reading

Florida Bans Texting While Driving

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You may be wondering why an article about the new Florida statute banning texting while driving is being featured on a banking law blog. Admittedly, texting does not have much to do with banking, but the new law should be of interest to anyone who has ever felt the temptation to type a quick text… Continue Reading

Welcome to the Florida Banking Law Blog!

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Rogers Towers, PA welcomes readers to its new Florida Banking Law Blog! A product of the firm’s Banking and Financial Services Practice Group, the blog will serve as a convenient way for us to share our expertise in banking-related legal issues. We represent banks and other providers of financial services in a broad range of… Continue Reading