PerSpective Mediation

Upcoming Legal Writing Presentation by Mark Osherow

I am excited to be presenting the webinar on Thursday, October 15, 2026, 2026 from 12:00 - 2:10pm ET entitled "Advanced Legal Writing for Florida Business Litigators: Drafting Persuasive Motions, Briefs, and Business Court Filings." You are invited to attend as my guest: Here is the Free Code: FLWriting26

Upcoming Legal Writing Presentation by Mark Osherow I am excited to be presenting the webinar on Thursday, October 15, 2026, 2026 from 12:00 – 2:10pm ET entitled “Advanced Legal Writing for Florida Business Litigators: Drafting Persuasiv…

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 available in a closely held corporation dispute. When a shareholder seeks judicial dissolution under the circumstances governed by section 607.1430(1)(b), the corporation—or, if the corporation does not act, one or more remaining shareholders—may elect to purchase the petitioning shareholder’s shares at fair value instead of allowing the corporation to be dissolved....

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 conseq…

Honoring the Work That Builds Our Communities

Post:This Labor Day, Osherow PLLC recognizes the dedication, resilience, and hard work of the people who keep our businesses, communities, and country moving forward. We are grateful for the professionals, workers, entrepreneurs, and families whose efforts shape the places we live and work every day. Wishing everyone a safe and meaningful Labor Day. Osherow PLLCStrategic Counsel. Practical Solutions.

Honoring the Work That Builds Our Communities Post:This Labor Day, Osherow PLLC recognizes the dedication, resilience, and hard work of the people who keep our businesses, communities, and country moving forward. We are grateful for the profes…

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

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 the appellate court has jurisdiction and where each appellate issue was preserved in the trial court. In re Amendments to Florida Rules of Appellate Procedure…...

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

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

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. LEXIS 1011, 2026 WL 1901612, 51 Fla. L. Weekly S197 (Fla. July 2, 2026), the Florida Supreme Court held that a joint proposal for settlement must apportion the amount and terms attributable to each party under Florida Rule of Civil Procedure 1.442(c)(3), even when the proposal concerns a single, unified claim for undifferentiated damages....

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

Happy 4th of July. 250 years of independence.

Celebrating 250 years of Independence 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 l…

Is AI a Threat to Privacy Rights?

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 misuse of identifiable information. AI shifts the problem toward inference, aggregation, prediction, and replication, which are extremely difficult to detect....

Is AI a Threat to Privacy Rights? 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…

Florida Supreme Court Adopts Statewide Rule Governing AI Use in Court Filings

Florida Supreme Court Adopts Statewide Rule Governing AI Use in Court Filings Mark R. Osherow A Measured Response to a Growing Problem The Florida Supreme Court has taken a significant step in addressing the growing role of artificial intelligence in legal practice. In a una…

Why I Dive: The Quiet Joy, Discipline, Perspective, and Storytelling of Recreational Scuba

Why I Dive: The Quiet Joy, Discipline, Perspective, and Storytelling of Recreational Scuba Mark Osherow, Master Diver I am writing this from Cozumel, where the water has a way of changing one’s sense of time. Above the surface, the world is bright, busy and moving quickly. There are many…

Is AI a Threat to Privacy Rights?

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 misuse of identifiable information. AI shifts the problem toward inference, aggregation, prediction, and replication. A system may learn intimate facts without a direct disclosure, generate a synthetic substitute for a person, or affect a person through automated scoring and categorization....

Is AI a Threat to Privacy Rights? 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…