Most contract provisions allocate substantive rights and duties. Dispute resolution clauses do something different: they decide where and how any future fight will unfold. A mediation, arbitration, or alternative dispute resolution (“ADR”) clause fixes the forum before anyone knows the
Shutts & Bowen, LLP
Shutts & Bowen LLP is a full-service business law firm with approximately 280 attorneys across eight offices in Florida. Established in 1910, the firm provides a broad range of legal services to business clients and individuals locally, nationally, and internationally. Its publications include legal analyses and updates on topics such as intellectual property, litigation, corporate law, and regulatory matters. The firm addresses practical legal issues including trademark enforcement, patent and trademark deadline extensions, service of process, case management during crises, and injunction modifications. Shutts & Bowen's content reflects its focus on business law and litigation within the Florida region and beyond.
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Think Twice Before Pasting Your Lawyer's Document or Advice into AI and Other New AI Confidentiality Risks
Artificial intelligence has become a part of everyday business. Employees regularly use AI to summarize documents, draft e-mails, analyze contracts, and even attempt to understand legal issues. While AI tools offer significant benefits, they also create legal risks that many…
Jury Trial Waivers: What Florida Practitioners Should Know
Jury trial waivers are common contract provisions found in commercial leases, construction contracts, purchase agreements, and other business agreements. Although these provisions are often overlooked during contract negotiations, they can significantly impact litigation strategy if a dispute later arises.
Assignment and Delegation Provisions: Who Can Enforce the Bargain?
Every commercial contract answers, expressly or by default, a deceptively simple question: if one party sells its business, merges, or restructures, does the deal travel with it? Assignment and delegation provisions supply that answer. They determine whether contractual rights can…
Before You Sign: 10 Things Student-Athletes Should Know About NIL Agent Agreements
The NIL marketplace has matured quickly, and the range of representation arrangements available to athletes has grown with it. For many student-athletes, these agreements now involve real money: recurring institutional revenue-share payments, multi-year endorsement commitments, and representation contracts that…
Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know
For years, Florida contractors have understood that failing to pay a subcontractor could result in a construction lien dispute or a breach of contract action. Beginning July 1, 2026, however, the stakes became significantly higher. With the enactment of section…
The Purpose and Importance of Indemnification Provisions
Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the doctrine of common law indemnity. Understanding the distinction is critical…
Florida 2026 Noncompetition Update – Part 1: A Year Later, Florida's CHOICE Act Remains a Game Changer for Employers
This article is the first in a three-part series examining the evolving legal landscape surrounding noncompete agreements affecting Florida employers. While Florida has historically been one of the more favorable jurisdictions for enforcing restrictive covenants, recent developments at both the…
Filling the Gaps: Florida’s Infill Redevelopment Act
On May 21, 2026, Florida Governor Ron DeSantis signed Senate Bill 1434, known as the Infill Redevelopment Act (the “Act”), into law. The Act creates Florida Statute § 163.2525 and establishes a new path for redevelopment of environmentally impaired land…
Florida’s Expanded Flood Disclosure Requirements: Practical Considerations for Developers
Flood risk has always been a key due diligence issue in Florida real estate. However, recent statutory changes have made flood disclosure an increasingly important transaction and project management issue for developers, builders, landlords, and other residential real estate stakeholders.