10Sep

    A New Privacy Law Could Make Insurance Expensive

    Drones have been causing issues with both the law and U.S. citizens since they exploded in popularity a few years ago. There have been countless stories of people clashing and violence occurring when drones are involved in flying over private property. With issues of privacy and a fear of governmental and private spying and intrusion on private life, it makes sense that drones are viewed with suspicion — not that that justifies harming the operator or damaging someone else’s private property. Now, it seems as though a new law that was just enacted in my home state of Florida is going to make flying a drone even more financially risky.a drone flying in the air in florida

    Florida Governor Rick Scott had signed the Freedom from Unwarranted Surveillance Act (FUSA) and it took effect on July 1st. This act is meant to prohibit a person, governmental agency, or political party or subdivision to use drones from taking pictures and capturing video of a person’s private property or the people on said private property (regardless of whether they are the owner, an occupant, or simply a visitor) with the intent to conduct surveillance and spy on their private and personal lives. The law makes it so that a drone operator must get written consent from the people on said private property if they want to use the drone in this manner, especially if the people have a reasonable expectation of privacy on their own property. The law applies to both private citizens as well as law enforcement and goes along with a previous law that require police to get a warrant to use drones for evidence collection. It also doesn’t apply to certain businesses or professions that are licensed by the state for certain reasons.

    With the option to sue using this law as support, it’s going to become much more difficult for people and agencies to get insured against damage and lawsuits. It also means that many companies that rely on drones for their businesses are going to be bringing lawsuits against the state of Florida for infringing on their ability to conduct business in a free and fair way. Drones are used by insurance companies to scope out damage in hard to reach places and hazardous environments so that they can gather information more quickly and with less chance of putting someone in a dangerous position. While it remains to be seen how this will play out (after all, the law is relatively new), I can already foresee a host a lawsuits from both private citizens and corporations aimed at this law.

    If you’d like to read more, the link is here.

    09Jun

    Florida Lawyers Travel to Cuba

    Derek ByrdThe past few months have been loaded with bits and pieces of information regarding travels to Cuba, and the normalization of our relationship with the next door neighbor. As our partnership with the country continues to improve, it is imperative for us to become familiar with Cuban legislature and its laws. It has been over 50 years since the Cuban Embargo was put in place, and establishing appropriate channels to exchanging legal information and policies will be very helpful towards tourism between both countries. 

    The Florida Bar Association is sponsoring a group of 37 lawyers to fly to Havana this week and attend a four day seminar. The objective of this trip will be for US attorneys to become familiar with Cuba’s legal system and politics. Given the overwhelming numbers of travels that are planned to happen in the next few years, this council will also look at the economic state of Cuba and bring back these important findings. 

    The four day excursion will also focus on the understanding of foreign organizations operating in Cuba, and the legal ramification that will follow their establishment. The attorneys will also become familiar with specific regulations regarding investment opportunities, and business dealings. During this trip the attorneys will also be meeting with their counterparts from the Cuban Bar Association, as well as state officials. These exchanges will place light on a lot of inquiries US companies have about owning land or establishing businesses in Cuba. Topics on telecommunications and banking, as well as the supply of water and electricity are some of the most immediate questions investors would like to know.  On a lighter note, the 37 lawyers will also be able to tour some of the country’s historical establishments, such as the Museum of Cuban Art and have a performance of Cuban music and dance. 

    Cuba is taking a cautious response in relation the US inquiries and interests. Given that there are no private practices all commercial opportunities have to pass through government- run entities.  

    13May

    Recent News from the Sarasota Herald- Tribune

    Derek Byrd

    News from the Herald Tribune

    Earlier this May, the Herald Tribune wrote a piece regarding the false arrest of Cooper Moore, for an outstanding aggravated battery assault from June 2014. Cooper was arrested by local police as soon as he landed on the Grand Cayman islands on a vacation with his current girlfriend. While he was being held up, Cooper asked the police to explain why he was detained, but they did not give an explanation and instead locked him up.

    At a loss for justice, Mr. Cooper’s parents contacted the Byrd Law Firm, which in collaboration with a private investigator put together a case that was aimed to clearing Cooper Moore’s name.  According to the documents, Cooper was wrongfully accused for partaking in a fight at a Florida Smokin’ Joes. However, the investigators found that Moore was not involved, and a witness revealed the correct name of the person who was involved. Due to these findings the charges were quickly dropped. 

    According to an officer who first responded to the scene, Moore’s name was first brought to him by a bar employee who showed him the suspects Facebook page. Officer Dodge, who was on the scene said that “people lie to us everyday and they don’t want to tell the truth especially if they are associated with someone involved in a crime.”

    According to The Innocence Project, misidentification of witnesses in regards to the crime scene is one of the leading reasons of wrongfully convicting and imprisoning people in the United States.  The article also points out that the recollection of witness memory of the crime scene is even less credible after they have been shown countless of photographs of the alleged victim. 

    Further evidence of the case used by lawyers at The Byrd Law Firm was Moore’s alibi and the fact that he was never contacted by the Sarasota Police Department. Cooper was never informed of his alleged involvement in the bar fight, and a warrant for his arrest was issued shortly after. Moore was not aware of these developments until policemen picked him up months later while he was vacationing with his girlfriend. 

    Derek Byrd, attorney for Cooper Moore, states that the findings regarding his client and other suspects should have been turned over to a detective for the facts to be checked and eventually cleared. Cooper told his attorney that during the night in question, he was home and had records to prove that he never left his apartment. 

    With the help of his attorney, Derek Byrd, Moore was able to clear his name  and no longer face 8 years in prison for a crime he did not commit. He hopes that the police find the right person responsible for this fight and is willing to help in any way he can.