Posts by Mark R. Osherow

When an “Irrevocable” Buyout Election Is Not Absolute: Deltona Transformer and Florida’s Corporate Dissolution Statute

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When an “Irrevocable” Buyout Election Is Not Absolute: Deltona Transformer and Florida’s Corporate Dissolution Statute Mark R. Osherow, Esq. The Traditional Understanding of Section 607.1436 Florida business litigators have generally understood section 607.1436, Florida Statutes, as providing one of the most consequential remedies…

Florida Appellate Practice Changes Today: New Requirements for Jurisdiction and Preservation in Initial Briefs

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  Mark R. Osherow Effective September 1, 2026, at 12:01 a.m., Florida appellate practitioners face two important new requirements for initial briefs. The Florida Supreme Court has amended Florida Rule of Appellate Procedure 9.210 to require appellants to expressly address both why…

Florida Supreme Court Rejects “Unified Claim” Exception to Joint Proposal Apportionment Requirement

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Trace Elements, Inc. v. MacKensen reinforces Florida’s strict-compliance rule for proposals for settlement Mark R. Osherow, Esq. Florida’s proposal-for-settlement procedure remains one of the most powerful—and unforgiving—fee-shifting tools in Florida civil litigation. In Trace Elements, Inc. v. MacKensen, No. SC2024-1274, 2026 Fla.…

Celebrating 250 years of Independence

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  As our nation approaches 250 years of independence, Osherow, PLLC joins in honoring the ideals that began on July 4, 1776 and continue to shape our civic life today: liberty, justice, the rule of law, and the enduring promise of equal…

Is AI a Threat to Privacy Rights?

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Mark R. Osherow, Esq. Artificial intelligence is a threat to privacy rights, but not simply because it collects more information. Its deeper threat is doctrinal. AI changes what counts as a privacy injury. Traditional privacy law often focused on collection, disclosure, and…

Get the trialstrategist.ai advantage

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trialstrategist.ai/ ⚖️ CASE & PLEADING WORKFLOWS Trigger Phrase Function “Run Case Intake Workflow.” Conducts conflict check, engagement letter draft, and matter setup. “Analyze Complaint for causes of action and jurisdiction.” Summarizes claims, identifies missing elements, cites Fla. R. Civ. P. 1.110 &…

Mediation and Settlement in Florida Civil Litigation: Strategy, Process, and Reform

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In contemporary Florida civil litigation, mediation has evolved from a peripheral procedure to a fundamental element of the civil case management system. It is no longer a mere adjunct to trial preparation but a strategic forum for risk evaluation, client management, and…

Proceedings Supplementary and the Limits of Federal Ancillary Jurisdiction: Lessons from Casa Express v. Venezuela

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Florida’s proceedings supplementary statute, section 56.29, Florida Statutes, provides judgment creditors with a powerful post-judgment mechanism to uncover and reach assets of a judgment debtor that have been concealed, transferred, or placed in the hands of third parties. Florida courts treat the…

Rehearing or Waiver: The Expanding Necessity of Motions Under Florida Rule 1.530 to Preserve Appellate Rights

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  The motion for rehearing in Florida civil practice has always existed at the procedural intersection between trial and appeal, serving as a mechanism through which parties ask the trial court to reconsider a ruling or to supply omitted reasoning before invoking…

Gatekeeping After Daubert, Updated for the 2023 Rule 702 Amendment: A Florida-and-Federal Practitioner’s Guide

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The center of gravity for expert-evidence law remains the Supreme Court’s trilogy—Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999). What has…