11th Circuit: Exclusionary Rule is Inapplicable to Malicious Prosecution Claims
3/8/16
By: Kevin Stone and Andy Treese The Eleventh Circuit Court of Appeals recently published an opinion in which it held that the exclusionary rule cannot be used against police officers in a civil suit. In Black v. Wigington, 15-10848, 2016 WL 278918 (11th Cir. Jan. 22, 2016), the plaintiffs sued several sheriff’s deputies for malicious prosecution. …
Settle at Your Own Risk
2/16/16
By: Dana Maine and Kevin Stone The Georgia Court of Appeals issued an opinion last week in Jim Tidwell Ford v. Bashuk, A15A2030 applying the rule that settlement of an underlying suit may sever causation in a subsequent legal malpractice action. The underlying suit in Bashuk, brought in federal court, involved a claim by a…
Eleventh Circuit Rules Software’s “Features and Functions” Not a Trade Secret in Absence of Written Confidentiality Agreement
6/23/15
By: Michael Wolak, III The Eleventh Circuit Court of Appeals’ recent opinion in Warehouse Solutions, Inc. v. Integrated Logistics, LLC, et al., 2015 WL 2151757 (May 8, 2015), is an important reminder that written confidentiality and non-disclosure agreements play a critical role in a party’s ability to meet its burden of establishing that its…