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November 28, 2023
Real Estate Rumors: Brent Saunders, JVM, Hudson Pacific
The CEO of Bausch + Lomb is said to be the buyer of a $35.3 million home near Miami, JVM Realty has reportedly purchased a luxury apartment building near Chicago for a price rumored to exceed $30 million and Hudson Pacific Properties is said to have sold a 5.3-acre parcel in Sillicon Valley for $43.5 million.
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November 28, 2023
Judge Won't Quash Service In $80M Crypto-Forex Theft Suit
A Florida judge refused to quash service of an $80 million suit on the CEO of FxWinning Tuesday, but said she would hold a hearing to determine whether service on the foreign exchange-cryptocurrency investment brokerage itself was proper.
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November 28, 2023
Fla. Co. Settles To Get $1.1M Tax Refund
The U.S. government agreed to a settlement Tuesday with a Florida political consulting company that argued it was owed a tax refund of more than $1.1 million for 2020 because it had elected to be an S corporation.
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November 28, 2023
Fla., Hemp Co. Spar Over Out-Of-State Sales Under 2019 Law
A Fort Lauderdale hemp-product company is asking a federal judge to block allegedly unconstitutional stop-sale orders a Florida regulator imposed on its products, while the state regulator is pushing to have the company's suit scrapped in deference to a pending administrative hearing process.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 35.
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November 27, 2023
Zuckerberg Rejected Mental Health Filter Policy, States Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
Target's 'Reef-Conscious' Sunscreen Is A Lie, Suit Alleges
Target was hit with a proposed class action on Monday in Florida federal court accusing the retailer of selling sunscreen that is falsely labeled as containing a "reef-conscious formula" when it actually uses ingredients that are harmful to coral reef ecosystems.
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November 27, 2023
FTX Investors Sue MLB, F1 Team Over Crypto Promotions
A group of FTX investors launched three proposed class actions in Florida federal court Monday against Major League Baseball, Mercedes-Benz's Formula One racing team, and a global sports and media talent company over their previous involvement with and promotion of the now-defunct cryptocurrency exchange.
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November 27, 2023
Fla. Judge Delays Contempt Ruling Against Loan Co. Owner
A Florida federal judge on Monday delayed a contempt ruling against the owner of a merchant loan business accused of fraud and denied her request to use funds to pay attorneys, saying he's not convinced there has been a change in circumstances to modify an order freezing her assets.
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November 27, 2023
Fla. Oncologist Avoids Prison In Scheme To Limit Competition
A Florida federal judge sentenced the former president and managing partner of an oncology group to three years of probation and to pay a $50,000 fine for conspiring with executives at a competing oncology group to split the southwest Florida cancer treatment market.
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November 27, 2023
Hospital Services Firm Escapes Punitive Damages For Death
A hospital services firm won't face punitive damages for having a nurse practitioner take after-hours calls regarding patients of the firm's president, a Florida state appeals court has ruled, finding insufficient evidence to show the president intended for the nurse practitioner to order treatment without consulting him for a patient who later died.
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November 27, 2023
Justices Urged To Enforce Time Limit For IP Damages
A music publisher said Monday the U.S. Supreme Court should overturn a lower court ruling that held an artist is not time-barred from recovering additional damages in a copyright suit over recorded songs.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
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November 27, 2023
Sullivan & Cromwell Guides $800M L3Harris Aviation Unit Sale
Sullivan & Cromwell-advised L3Harris Technologies said Monday it has agreed to sell its commercial aviation business to New York-based private equity firm TJC LP for $800 million.
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November 27, 2023
Fla. Panel Revives Homeowner's Damage Coverage Dispute
A Florida statute requiring policyholders to notify the state's Department of Financial Services before filing suit against an insurer does not apply retroactively to policies purchased before the statute's effective date, a Florida state appeals court held, reversing the dismissal of a homeowner's suit against her property insurer.
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November 27, 2023
Future Fla. Judge Cleared To Handle Homicide Sentencing
An incoming Florida state judge who currently serves as a state prosecutor may handle a homicide sentencing scheduled for Friday, three days before the lawyer departs to take the bench, according to a recent ethics opinion.
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November 27, 2023
Trump Downplays NY Judge's Safety Risk After Threats
Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.
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November 27, 2023
Latham-Led PE Firm Clinches $1.1B Infrastructure Credit Fund
Latham & Watkins LLP-advised alternative asset manager DigitalBridge Group Inc. announced Monday that it clinched its inaugural digital infrastructure credit fund with more than $1.1 billion of aggregate commitments, including related co-investment commitments.
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November 27, 2023
COVERAGE RECAP: Day 34 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 34:
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November 22, 2023
Triple Trouble: Justices Set To Scrutinize 3-Strikes Circuit Split
One of the most heavily litigated laws at the U.S. Supreme Court — three-strikes sentencing instituted under a Reagan-era clampdown on street violence and drugs — returns to the high court Monday, but this visit will be anything but ordinary, occurring amid an eruption of circuit court conflicts and presenting the prospect of a jolt to the nation's criminal defense docket.
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November 22, 2023
Fla. School Worker Says Union Stymied Promotion Over Age
A Florida school employee has sued his local teachers union, claiming the union failed to act on any of his grievances about a promotion he says was denied him because of his age and that he later won through an arbitration against the school board.
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November 22, 2023
Up Next At High Court: SEC Courts, Repeat Offender Sentences
The U.S. Supreme Court returns Monday from a long holiday weekend to hear arguments over the proper standard to apply when sentencing a repeat felony offender under the Armed Career Criminal Act and the constitutionality of the U.S. Securities and Exchange Commission's in-house courts system.
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November 22, 2023
Hospital Wants New Trial Over Juror Misconduct In 'Maya' Case
Johns Hopkins All Children's Hospital asked Wednesday for a new trial after learning that the wife of the jury foreperson — who led the jury to a $261 million verdict in favor of Maya Kowalski, the child at the center of the Netflix documentary "Take Care of Maya" — had been following the case closely online and sat in the Florida courtroom with a social media influencer close to the Kowalskis.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Young Thug Case Spotlights Debate Over Lyric Admissibility
A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Fla. Bankruptcy Ruling May Affect Equity Owners
A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.
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Cos.' Trade Secret Measures Must Adjust To Remote-Work Era
Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.
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Safe-Harbor Period Change Could Hinder TCPA Compliance
A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.
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How Justices Could Rule On A Key Copyright Statute
Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Insurers Should Prepare For 'Black Swan' Climate Disasters
As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.