Florida

  • August 11, 2020

    Split 11th Circ. Says Ga. Dental Board Must Face Antitrust Suit

    Georgia's dental board members can't claim state action immunity to shield themselves from an antitrust suit lodged against them by SmileDirectClub, a split Eleventh Circuit declared Tuesday in a ruling that included a separate opinion from each judge on the panel.

  • August 11, 2020

    Strip Club Hit With $354K Verdict In Pioneering Zoom Trial

    The nation's first fully remote jury trial with a binding verdict ended with a $354,000 award for a strip club dancer who said she was beaten by the club's bouncers, although the judge and other court personnel expressed doubts Tuesday about whether Zoom teleconference proceedings can really replace in-person trials.

  • August 11, 2020

    New Group Aims To Elevate Voices Of Black Compliance Pros

    A Greenberg Traurig LLP attorney who previously worked at the Consumer Financial Protection Bureau launched an organization this week that seeks to expand opportunities for Black compliance and risk management professionals while changing corporate attitudes toward diversity from the top down.

  • August 11, 2020

    11th Circ. Reverses Judge, Tells Money Launderer To Pay Up

    The Eleventh Circuit on Tuesday reversed a district court ruling that had allowed a convicted money launderer to escape the government's $20.8 million forfeiture bid and instructed the lower court to begin a fact-finding and constitutional analysis.

  • August 11, 2020

    Consultant Says Fla. Firm Underpaid For Google Class Action

    A legal consultant who worked on a $22 million advertiser class action against Google Inc. has filed suit alleging that the attorneys who handled the case cheated him out of hundreds of thousands of dollars he was owed for his work on the case.

  • August 11, 2020

    Carnival Wants All COVID-19 Investor Suits Under One Roof

    Carnival Corp. has urged a Florida federal judge to consolidate a proposed investor class action alleging that the cruise company hid COVID-19 infections on its ships with other suits making similar claims, saying they all deal with the same set of facts concerning Carnival's response to the pandemic.

  • August 11, 2020

    Fla. Mobile Home Park's Owners Beat RICO Suit

    A federal judge has ruled that mobile home owners cannot pursue a proposed class action accusing the owners of a Florida mobile home park of engaging in a racketeering scheme to dupe individual homeowners and buyers into accepting more expensive land rental terms.

  • August 11, 2020

    11th Circ. Sides With Fla. Tribe In Nixing Church Takeover Suit

    The Eleventh Circuit has upheld a Florida federal judge's decision to toss a Haitian Baptist church's suit alleging the Seminole Tribe of Florida helped a former pastor's widow execute an armed takeover of the church in September 2019.

  • August 11, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

  • August 11, 2020

    Hertz Says It Will Need DIP Loan To Make Lease Payments

    Bankrupt car rental agency Hertz Global Holdings Inc. told federal regulators it is seeking debtor-in-possession financing as it faces a Sept. 30 deadline to resume lease payments on its European vehicle fleet.

  • August 11, 2020

    Rising Star: McDermott's Alex Clavero

    Alex Clavero of McDermott Will & Emery has steered investment firm HIG Capital in its $250 million acquisition of BioVectra Inc. and its acquisition of a food product distributor with about $1 billion in annual net sales, earning him a spot among the private equity law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 10, 2020

    SEC Reaches Settlement With Accused COVID-19 Fraudster

    A Florida federal judge on Monday approved a consent judgment against a CEO accused by the U.S. Securities and Exchange Commission of inflating his company's share prices through misleading claims about fever-detecting thermal scanners, with the executive agreeing to a permanent ban from running issuers of securities and an undetermined civil fine.

  • August 10, 2020

    Fla. Bar Exam Software Sows Chaos For Grads

    A group of law graduates asked the Florida Supreme Court for help Monday as they deal with data security breaches, overheated computers and malfunctioning facial recognition features in the remote bar exam software that will be used for the online Florida bar exam scheduled for Aug. 19.

  • August 10, 2020

    Del. Court Revives Part Of Caterpillar Antitrust Suit In Fla.

    A Delaware federal judge agreed Monday to transfer to Florida previously dismissed claims in a long-running antitrust suit alleging Caterpillar, Komatsu and certain equipment dealers tried to strong-arm a competitor out of the construction equipment business, but said claims against the two manufacturers would stay put.

  • August 10, 2020

    Norwegian Cruise Beats Insurance Kickback Suit At 11th Circ.

    The Eleventh Circuit found Monday that a lower court correctly tossed a proposed class action alleging Norwegian Cruise Lines deceptively sold travel insurance, holding that the customers' claims are barred by the insurance contracts' arbitration provision and class action waivers.

  • August 10, 2020

    Title Insurance Investors Say $1.8B Deal Forced Through

    Investors in title insurance group Fidelity National Financial Inc. sued the company's executives and others in Delaware for allegedly forcing through a $1.8 billion acquisition of annuity and life insurance provider F&G earlier this year, saying the deal primarily served the personal interests of the company's chairman.

  • August 10, 2020

    Hyundai Making Elite Seller Club For Luxury Line, Dealer Says

    Hyundai is skirting Florida law in its bid to showcase its luxury Genesis brand of automobiles completely separately by punishing dealers who don't agree to build new showrooms, according to a new lawsuit.

  • August 10, 2020

    Google Asks 11th Circ. To Uphold Win In Pulse Shooting Suit

    Google urged the Eleventh Circuit on Monday to affirm the company's win in a suit blaming Facebook, Twitter and YouTube for radicalizing the man who carried out the 2016 mass shooting at the Pulse nightclub in Florida, saying a "virtually identical" suit was tossed by the Sixth Circuit.

  • August 10, 2020

    Walmart Forking Over Up To $9.5M In Meat Overcharge Suit

    Walmart agreed to pay up to $9.5 million and change certain business practices Friday in order to settle a putative class action in Florida federal court alleging that the retail behemoth has for years used sales prices to overcharge potentially millions of customers nationwide for its packaged meat products.

  • August 10, 2020

    Fla. Panel Revises Disney Tax Ruling To OK Valuation Method

    A property valuation method a Florida appeals court previously held as illegal in a Disney property tax dispute does not violate state law, the appellate court said in a revised opinion.

  • August 10, 2020

    Rising Star: Holland & Knight's Jameson Rice

    Holland & Knight LLP's Jameson Rice has emerged as an expert in transportation blockchain technology, most recently negotiating a deal between railroad giant CSX Transportation Inc. and IBM and Maersk's massive supply chain platform TradeLens, earning him a spot among the transportation law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 07, 2020

    Chinese Investors Say Fla. EB-5 Fraud Suit Is No Sham

    Chinese investors urged a Florida judge Friday to reject a White House-connected real estate developer's request that the court strike down their lawsuit accusing him of a $99.5 million EB-5 visa fraud scheme, saying a seven-hour hearing only proved there are factual issues that must be tried in court.

  • August 07, 2020

    11th Circ. To Rehear Epstein Victims' Lawsuit

    The 11th Circuit on Friday vacated an April panel decision and said it will rehear en banc a petition from an alleged victim of Jeffrey Epstein that argues a non-prosecution agreement between the billionaire sex offender and federal prosecutors violated her rights under the Crime Victims' Rights Act.

  • August 07, 2020

    Red State AGs Lobby For COVID-19 Business Immunity

    Nearly two dozen Republican attorneys general have banded together to urge federal lawmakers to pass a liability shield for businesses in connection with worker and consumer COVID-19 injury suits.

  • August 07, 2020

    SEC Fines Rialto $350K For Mischarging Its Own Funds

    The U.S. Securities and Exchange Commission has fined private equity real estate firm Rialto Capital Management $350,000 for recouping costs and expenses from the wrong investment funds, according to a settlement Friday.

Expert Analysis

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • When Investor Talks Render Biz Judgment Review Unavailable

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    The Delaware Chancery Court’s recent decision in HomeFed amplifies the court's focus on discussions between controller and minority stockholders as the basis to conclude that business judgment review is unavailable, and suggests a trend toward a more restrictive judicial approach, say attorneys at Fried Frank.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • Opinion

    3 Ways Fla. Should Revise Its Patient Brokering Act

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    Recent alterations to the Florida Patient Brokering Act — a law prohibiting induced patient referrals — are a step in the right direction, but further revisions should clarify Anti-Kickback Statute exceptions, allow the advice of counsel defense and incorporate the federal advisory opinion process, says Michael Manthei at Holland & Knight.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Key Tax Considerations For Cos. With Remote Employees

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    As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Va. Workplace Virus Safety Mandate Has High Compliance Bar

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    Meeting the strict exposure assessment, notification, social distancing and sanitization obligations under Virginia’s recently enacted COVID-19 workplace safety standard, which can serve as a guide for employers in other states, will require on-the-ground enforcement beyond compliance on paper, say attorneys at Morgan Lewis.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

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