Florida

  • June 29, 2022

    Winston & Strawn Adds To Miami Growth With 2 Partners

    Winston & Strawn LLP's Miami office is a little more than a month old, but it has already announced its second round of additional hires, with the latest group being made up of two new partners from Greenberg Traurig LLP as well as an of counsel and three new associates from Greenberg Traurig and Shutts & Bowen LLP.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    11th Circ. Reverses Amazon's Win In Porn Biz Trademark Suit

    Amazon must face a jury trial over claims that its Fire TV video streaming device violates the trademark rights of the owner of porn streaming service FyreTV, the Eleventh Circuit ruled in a published opinion Tuesday.

  • June 28, 2022

    Veteran Opposes 3M's Gov't Contract Defense In Earplug Suit

    A U.S. Army veteran who won $1.7 million over hearing loss attributed to 3M earplugs hit back at the company's attempt to revive the dispute, telling the Eleventh Circuit that a lower court correctly shut down its bid to claim immunity as a government contractor.

  • June 28, 2022

    Split 11th Circ. Revives Bad-Faith Dispute On $12M Judgment

    A Florida federal court erred in a motorcycle crash victim's bad-faith suit seeking to collect a $12.6 million judgment from the at-fault driver's insurer when it failed to instruct the jury that an insurer not only has a duty to settle claims for its insured, but also to properly advise them, the Eleventh Circuit ruled Tuesday.

  • June 28, 2022

    Real Estate Rumors: Jepeway, CannonDesign, Lalezarian

    The estate of the late civil rights lawyer Louis Jepeway Jr. has reportedly sold a South Florida retail building for $18.5 million, CannonDesign is said to be leasing 17,000 square feet in New York and Lalezarian Properties has reportedly landed $150 million in financing for a South Florida apartment tower project.

  • June 28, 2022

    11th Circ. Upholds VA's Defeat Of Doctor's Age Bias Suit

    The Eleventh Circuit said Tuesday it won't reopen a doctor's suit alleging that he didn't receive a position with the U.S. Department of Veterans Affairs because of his age, gender and prior employment dispute, ruling he hadn't demonstrated these factors played a part in the VA's decision.

  • June 28, 2022

    11th Circ. Gives Doctor's Spouse Another Shot At ERISA Suit

    The Eleventh Circuit tackled an issue of first impression Tuesday, allowing a Florida doctor's surviving spouse to sue for lost benefits under the Employee Retirement Income Security Act after a health care company allegedly botched his enrollment in a supplemental life insurance plan.

  • June 28, 2022

    US Seeks To Enforce Summonses In Captive Insurance Probe

    A Florida business owner refused to provide the Internal Revenue Service with all the documents it needs to investigate captive insurance transactions his companies made, the U.S. said in a federal court filing calling for their release.

  • June 28, 2022

    Atlanta Hotel Asks 11th Circ. To Revive Mold Damage Claim

    The owner of an Atlanta Hilton hotel asked the Eleventh Circuit to revive its $20 million water and mold damage suit against Affiliated FM Insurance Co., arguing a Georgia federal court did not consider the actual language of the hotel's "all-risk" insurance policy when it tossed the case.

  • June 28, 2022

    Pot Retailer Hit With Overtime Suit

    A marijuana retailer violated the Fair Labor Standards Act by failing to pay an employee overtime for tasks like responding to work inquiries after hours, the worker said in a lawsuit filed in Florida federal court.

  • June 28, 2022

    NFL Coaches In Race Bias Suit Want Contracts Mostly Public

    Former Miami Dolphins head coach Brian Flores and two other Black coaches suing the NFL and several teams for alleged race discrimination say their employment contracts should not be fully redacted in filings, arguing the public's interest in having open proceedings is "paramount."

  • June 28, 2022

    Fla. Legal Services Co. Says Ex-Partner Stole Trade Secrets

    Legal services company Veritas Legal Plan Inc. has accused a former business partner in a Florida federal court of illegally using its training, documents and customer list to become a competitor.

  • June 27, 2022

    Regal Ordered To Pay Rent Despite COVID Theater Closures

    A Delaware state judge on Monday ruled that Regal Entertainment Group must pay $5.5 million in unpaid rent and other charges stemming from leases with Simon Property Group, finding that the pandemic doesn't excuse Regal from its rent payment obligations under the leases.

  • June 27, 2022

    Teachers, Kindergartner Can't Block Fla. Classroom Race Law

    A Florida federal judge Monday ruled that two teachers, a soon-to-be kindergartner and a diversity training consultant, can't preliminarily block a controversial state law — enacted to regulate classroom instruction of race — saying they haven't shown they have standing for injunctive relief.

  • June 27, 2022

    Fla. Consumer Tells Jury Experian Ran Afoul Of FCRA

    A Florida consumer whose Experian credit report falsely stated he was delinquent on a mortgage told jurors Monday that the credit reporting giant failed in its statutory duty under the Fair Credit Reporting Act to ensure "maximum possible accuracy" of the information in its reports.

  • June 27, 2022

    Investigators Not FLSA Exempt In OT Suit, 11th Circ. Says

    Investigators who examined damaged telecommunications infrastructure did not have sufficient control over their business operations to be considered overtime-exempt administrative employees, the Eleventh Circuit held Monday.

  • June 27, 2022

    McDonald's Customer Sues Over Mobile App's Payment Glitch

    McDonald's got hit Friday with a proposed class suit seeking refunds for customers who've allegedly had to pay for their orders twice because of a glitch in the company's mobile app that can prevent their card payments from reaching its stores.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Liberty Mutual Unit Must Face Condo's Irma Damage Claim

    A Florida federal judge ruled that a condominium association sufficiently pled its breach of contract claims against a Liberty Mutual subsidiary in a suit alleging that the insurer refused to cover Hurricane Irma damage to a dozen units, but tossed the policyholder's declaratory judgment claim as duplicative.

  • June 27, 2022

    Investor Must Arbitrate Case Over $36M Hurricane Irma Award

    A Florida federal judge on Monday denied a real estate investment company's request to hear its case against insurance underwriters at Lloyd's and its affiliates, ruling that due to an agreement already in place, the parties must arbitrate the dispute over a delayed $36 million award for Hurricane Irma-related damage.

  • June 27, 2022

    DOL Seeks To Toss 'Downright Bizarre' ERISA Guidance Suit

    The U.S. Department of Labor urged a Florida federal court to toss an American Securities Association suit claiming agency guidance illegally imposed new obligations under federal benefits law, arguing that the guidelines weren't required to go through formal rulemaking procedures.

  • June 27, 2022

    Real Estate Rumors: Knighthead, CIM, AcadeMir Charter

    Knighthead has reportedly loaned $13.5 million for a South Florida mixed-use development site, CIM is said to be hoping to build residential and retail space in Los Angeles and AcadeMir Charter Schools has reportedly paid $20.8 million for a South Florida charter school.

  • June 27, 2022

    Fla. Atty In Ethics Row Says Court Criticisms Are Free Speech

    A Miami-based foreclosure defense attorney facing disciplinary charges over disparaging comments leveled against various courts and judges has urged the Florida Supreme Court to find that his statements are protected under the First Amendment.

  • June 27, 2022

    Watson Farley & Williams Guides $374M Cruise Terminal Deal

    Watson Farley & Williams on Monday announced the €353 million ($374.4 million) finance of a new MSC Cruises mega cruise terminal at the Port of Miami in a partnership with Italian shipbuilder Fincantieri, with MSC Cruises being advised by WFW.

Expert Analysis

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Opinion

    Fla. Court's Mask Mandate Decision Is Confusing

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    A Florida federal court's decision in Health Freedom Defense Fund v. Biden, striking down the Centers for Disease Control and Prevention's mask mandate for all forms of public transportation, contains some inconsistencies and questionable logic, says attorney Philip Howe.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Despite Carbon Cost Win, Biden Climate Plans Still At Risk

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    The U.S. Supreme Court's recent refusal to take up a group of states' challenge to the Biden administration's social cost of carbon metric is a White House victory — but with the court mulling another case concerning the government's authority to regulate greenhouse gas emissions under the Clean Air Act, Biden's climate agenda still faces obstacles, say attorneys at WilmerHale.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Ch. 11 Trustee Fee Ruling Leaves Remedy Challenges

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    The U.S. Supreme Court’s unanimous decision this week in Siegel v. Fitzgerald concerning quarterly fees payable by Chapter 11 debtors to fund the U.S. Trustee Program offloads the determination of remedies to the courts below, raising questions such as whether there is a sound legal basis for foisting fees onto North Carolina and Alabama, says Sasha Gurvitz at KTBS.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

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