Member Articles

From the BLS Blog

Florida’s Meet and Confer Requirements: A Noble Cause Hindered by Non-Uniformity

By Ali S.Iftikhar, Barakat + Bossa, PLLC

In December 2024, the Florida Supreme Court adopted Florida Rule of Civil Procedure 1.202 (“Rule 1.202”), which requires parties to confer in good faith before filing non-dispositive motions.[1] The rule’s stated purpose is to improve case management, promote judicial efficiency, reduce unnecessary litigation costs, and ease the burden on already overtaxed courts.[2] Rule 1.202 makes clear that parties should attempt to resolve, or at least narrow, issues before reserving valuable hearing time.[3] By mandating meaningful dialogue before motions are filed, Rule 1.202 seeks to reduce judicial intervention and move cases more efficiently toward resolution. The inclusion of potential penalties further signals the Court’s intent to shift litigation culture toward cooperation and efficiency.[4] Despite these laudable goals, questions remain about Rule 1.202’s effectiveness in practice; questions that may depend less on the language of the Rule itself and more on attorney conduct and judicial enforcement.

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From The Florida Bar Journal

Avoiding Sticky Situations: Why Understanding the Distinction Between Direct and Derivative Claims Is Essential When Litigation Intersects With Bankruptcy

By Kathleen L. DiSanto and Judge Luis E. Rivera II

Distinguishing between direct and derivative claims is not always straightforward. A bankruptcy filing only further complicates the analysis. The stakes are even higher if the party asserting the claim does not reach the same conclusion as the bankruptcy court as to whether the claim is, in fact, a direct or a derivative claim.

Parties have wrangled over whether claims are direct or derivative claims for more than a decade. But two bankruptcy judges in the Middle District of Florida recently weighed in on the issue, further refining the distinction between direct and derivative claims and offering new cautionary tales to heed when pursuing claims against debtors and non-debtor insiders.

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Committee Updates

Labor Day Retreat Committee

Looking for a fun new way to get involved with the Section? The Labor Day Retreat Committee is revving up and working hard on plans for our 2026 Retreat. The committee will meet next at the Winter Meetings in Port Charlotte on January 28, 2026 at 3pm. Please join us!

Pro Bono Committee

Meet the newest joint initiative of the Bankruptcy Bar Association for the Southern District of Florida (BBA) and the Business Law Section of the Florida Bar (BLS): Senior$mart$. Built on a platform originally created by the National Conference of Bankruptcy Judges (NCBJ), the Senior$mart$ program hopes to empower Florida’s older, vulnerable population with the ability to fight scammers and take control of their financial well-being.Read more here.

The Pro Bono Committee is now accepting nominations for the Business Law Section’s annual Pro Bono Award, and we need your help identifying outstanding members who go above and beyond in service to our communities. If you know someone whose pro bono efforts deserve to be celebrated, please take a moment to submit a nomination.

Business Law Section Fellows Program

The Fellows application for the 2026–2028 term is now available. We encourage all Business Law Section members to share this opportunity with individuals who meet the qualifications and are seeking active involvement in a bar section.

The Section has a longstanding commitment to the recruitment of a broad spectrum of young lawyers to join, participate and ultimately serve in leadership positions of the Section. To facilitate its goals, the Section has created a Fellowship Program to provide a two-year subsidy to six qualified applicants who express an interest in becoming active in the substantive work and leadership of the Section. The Fellowship Program is designed to assist a multifaced and embracing group of lawyers in becoming better leaders within our profession and the Section, while enhancing their leadership skills.

Ethical and Cultural Considerations in Pro Bono Representation of Small Business Clients

• Date: 12 January 2026
• Time: 12:00 PM - 01:15 PM
• Location: Zoom
• CLE Approved:
• General: 1.0 hours
• Ethics: 1.0 hours
• Certification Program:
• Business Litigation: 1.0 hours
• Pro Bono CLE Registration Link.

Federal Securities Institute

February 26-27, 2026

Tampa Marriott Water Street

Join us in Tampa for the 42nd Annual Federal Securities Institute and M&A Conference, the premier conference for securities regulation. Senior members of the SEC Staff, the Delaware judiciary, major investment bankers and leading Wall Street law firms will share their practical knowledge for structuring acquisitions and capital-raising transactions, handling litigation and regulatory enforcement issues, and addressing corporate governance and cybersecurity.

Includes 17.5 hours of CLE, including technology and ethics as well as cocktail reception and networking opportunities.

Full brochure

Sponsorship Opportunities

Mr. Yadley served as BLS Chair from 1990-1991 and currently chairs the Long Range Planning Committee

What have you gained from your involvement in the Section?

Certainly more than I have given! It has been a thrill to have made so many personal, as well as professional, friends through the Section. I have become a more complete lawyer because I have learned so much about adjacent areas of law to which, as a business practitioner, I never would have been so deeply exposed. It has been a true honor to have received the Member of the Year Award and the Michael G. Williamson Lifetime Achievement Award from the BLS.

Learn more about her here.

Florida Bar Leadership Academy

The application period for the Florida Bar Leadership Academy will close on Friday, January 30, 2026. Many past fellows have become local leaders, Judges, Florida Bar leaders, and pillars in their communities. Learn more and apply here.

BLS Email Lists

Are you getting the committee emails you want? You can check your subscriptions here.

Updated Reimbursement Forms

If you are entitled to travel reimbursement from The Bar, please note that the forms have been updated for 2026.

CLE on Demand

Need CLE? Miss a program? Many of our past programs are available on demand.

Planning a CLE

Do you have an idea for a great CLE? Learn more here.

Business Litigation and Real Property Case Law Updates

September 2025

Florida isn’t just a state—it’s a global economic powerhouse. If it were an independent nation, Florida would rank among the top 15 largest economies in the world, boasting a GDP that rivals many major countries. The Business Law Section of The Florida Bar plays a critical role in shaping the commercial legal landscape of this economic titan. Our members are not only top-tier business lawyers—they’re the very individuals Florida legislators turn to when drafting or revising key commercial statutes. Sponsoring Business Law Section events like the Labor Day Retreat puts your organization directly in front of the thought leaders, power brokers, and policy shapers who influence business law and practice statewide—and often nationally.

This is more than a networking opportunity. It’s your chance to engage with the legal professionals guiding Florida’s economic future. In addition to the Labor Day Retreat, there are plenty of other sponsorship opportunities that provide year-round exposure through our Section’s ongoing programming, communications, and events. If your brand wants to be seen, respected, and remembered by the attorneys who help write the laws that govern business in one of the world’s most dynamic markets, this is where you need to be.

Please reach out to Will Blair and Bob Charbonneau for sponsorship opportunities.