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Social Media and Spoliation

Posted in Uncategorized

As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold.  From an evidentiary standpoint, social media is not without its shortcomings, and it is important to understand that social media is vulnerable to irretrievable loss, through the acts of the account holder… Continue Reading

Eleventh Circuit Doubles Down on Lien Stripping

Posted in Uncategorized

When the Fourth Circuit handed down its opinion in the case of In re Davis,[1] which permitted lien stripping in “Chapter 20” proceedings, the stage was set for the Eleventh Circuit to expand debtor’s ability to escape from underwater junior mortgages.  Before the June 18th opinion in In re Scantling,[2] bankruptcy courts within the Eleventh… Continue Reading

Recent Cases Support Foreclosing Lenders against Challenges to Standing

Posted in Commercial Real Estate Lending, Residential Real Estate Lending, Uncategorized

The Florida Second District Court of Appeals recently ruled on yet another challenge to a note holder’s standing to foreclose based on lack of ownership of the mortgage.  In OneWest Bank, F.S.B. v. Bauer (May 30, 2014), the Florida Second District Court of Appeals held that the holder of a note had standing to foreclose,… Continue Reading

The Spoliation of Text Messages

Posted in Uncategorized

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

Posted in Uncategorized

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

Posted in Uncategorized

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

Posted in Uncategorized

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!

Posted in Uncategorized

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