Florida

Expert Analysis

• The Coming Storm Of Biometric Privacy Laws: How To Comply

  

  To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

• The Coming Storm Of Biometric Privacy Laws: What To Expect

  

  While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

• Can State Laws One-Up SEC’s Regulation Best Interest?

  

  Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

• Texas Could Take Page From Mass.'s Judicial Selection Book

  

  As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

• Federal Laws Continue To Hinder State Sports Betting Trend

  

  Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

• Genetic Testing Gold Rush Gives Rise To Fraud Allegations

  

  As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

• Series

  Judging A Book: McKeown Reviews 'Conversations With RBG'

  

  Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

• State Net

  States' Vaping Bans Face Legal Hurdles

  

  With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

• Developments In State Taxation Of Nonadmitted Insurance

  

  Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

• Retaining Federal Jurisdiction After Fed. Circ. License Ruling

  

  Following the Federal Circuit's recent holding in Inspired Development v. Inspired Products that unjust enrichment claims pertaining to a license agreement did not arise under federal patent law, parties can keep jurisdiction on their side by drafting licensing agreements with an eye toward litigation and carefully selecting claims to assert, say Jeffrey Whittle and Christopher Limbacher of Womble Bond.

• 2 FTC Cases Take A Stand Against Online Endorsement Fraud

  

  Businesses involved in e-commerce should take careful note of the Federal Trade Commission's recent cases against Sunday Riley Modern Skincare and Devumi, because until now consumer protection agencies have struggled to govern fake reviews and false indicators of brand value online, says Brad Elbein at Culhane Meadows.

• An Inside Look At PFAS Regulatory Action: Part 2

  

  In the final part of this video series, Charles Knauss and Daniel Grucza of Hunton outline approaches companies can take to deal with litigation over per- and polyfluoroalkyl substances, as federal and state regulations and laws around PFAS are in flux.

• An Inside Look At PFAS Regulatory Action: Part 1

  

  In the first part of this two-part video series, Charles Knauss and Daniel Grucza of Hunton discuss how Congress is exploring regulatory action for per- and polyfluoroalkyl substances, and how states are already beginning to implement their own regulations for the chemicals.

• Opinion

  Flat-Fee Legal Billing Can Liberate Attorneys

  

  Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

• Spoliation Rule Remains Ambiguous Despite Amendments

  

  Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.