Florida

Expert Analysis

• Series

  Pursuing Wellness: When A Firm Brings Counseling On Site

  

  One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

• Dorian Update: How State Laws Protect Service Members

  

  In the wake of Hurricane Dorian's devastation, creditors should take note of the laws Florida, Georgia and the Carolinas have in place to protect members of the National Guard called to service as part of response efforts, say attorneys at Buckley.

• Series

  Pursuing Wellness: Inside A Firm Meditation Program

  

  After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

• Consumer Class Standing Faces Uncertainty In 11th Circ.

  

  An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

• Early Sampling Of Electronic Info Is Underutilized In Discovery

  

  The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

• State Net

  How Online Wagers Are Shaping States' Sports Betting Regs

  

  Just over a year after the U.S. Supreme Court legalized sports betting nationwide, the industry is seeing an explosion of activity online, but the influence of entrenched gambling interests means that some states are only allowing bets to be placed in person at casinos and racetracks, says Dave Royse of State Net Capitol Journal.

• The Factors Courts Consider In Deposition Location Disputes

  

  In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

• Opinion

  NFL Discipline Process Shouldn't Apply To Off-Field Conduct

  

  This week, the NFL opened an investigation into New England Patriots wide receiver Antonio Brown after he was accused of sexual assault in a Florida federal court case, but the NFL should get out of the business of discipline for off-field behavior — for five reasons, says Ronald Katz at GCA Law Partners.

• Gov't Win In AseraCare FCA Case Benefits Both Sides

  

  While Monday’s Eleventh Circuit decision in United States v. AseraCare provides the government the opportunity to continue litigating its claims, False Claims Act defendants will undoubtedly take refuge in the less plaintiff-friendly falsity standard articulated by the court, say Derek Adams at Feldesman Tucker and Erica Blachman Hitchings at the Whistleblower Law Collaborative.

• What To Consider Before Filing For A Rule 57 Speedy Hearing

  

  Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

• Key US Tax Rules For Foreign Athletes And Entertainers

  

  When Canadian Bianca Andreescu won the 2019 U.S. Open, she probably wasn’t thinking about how that affected her taxes, but it is increasingly critical for foreign athletes and entertainers to become educated regarding the United States’ taxation of their income, say Jason Dimopoulos and Thomas Linguanti at Morgan Lewis.

• Series

  Why I Became A Lawyer: Expanding The Meaning Of Diversity

  

  My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

• 11th Circ. Ruling May Mark Turning Point For TCPA Litigation

  

  The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.

• State Net

  Ransomware Poses Tough Choices For State, Local Gov'ts

  

  This year, more than 70 state and local governments have been targeted by ransomware attacks. Despite a flood of legislation aimed at the problem, many state and local government information technology leaders still lack the funding and cybersecurity talent they need, says Korey Clark of State Net Capitol Journal.

• A Win For Fla. Hospitals On Patient Safety Data Confidentiality

  

  A Florida federal court's ruling in Florida Health Sciences Center Inc. v. Azar supports the argument that records properly submitted to patient safety organizations are protected patient safety work product, say Gavrila Brotz and Paul Borr of Tache Bronis.