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Florida
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May 31, 2024
Atty Gets 2nd Suspension Over Sale Of $1.6M Painting
The Florida Supreme Court approved a one-year suspension for a New Jersey-based attorney and real estate developer this week who pled guilty to smuggling a $1.6 million painting out of his house in 2013 to avoid an asset sale.
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May 31, 2024
Trump Condemns NY Trial As Verdict Echoes In DC
A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.
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May 30, 2024
Ex-FTX Auditor Must Face SEC's Independence Rules Suit
The former auditor of Sam Bankman-Fried's defunct cryptocurrency exchange FTX must face the U.S. Securities and Exchange Commission's claims it violated auditor independence rules while collecting $3 million in fees from clients, a Florida federal judge has ruled, finding the agency's allegations establish severe recklessness.
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May 30, 2024
Physician, Health Cos. Spar Over Docs In Fla. Qui Tam Suit
A doctor and several healthcare businesses accused each other of withholding evidence in a Florida federal False Claims Act lawsuit, with the doctor saying several key Zoom meeting records were destroyed, although the businesses have alleged the doctor refused to provide a financial agreement she made with a cohort.
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May 30, 2024
Chancery Sweeps Away Most Challenges To Broker's Control
Independent insurance distributor BRP Group Inc. has defeated most stockholder challenges to founder preapproval requirements for company actions, according to a Delaware Court of Chancery ruling upholding a consent and defense agreement established after the company was sued.
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May 30, 2024
Judge Finds US Owns Fla. Island In Long-Running Dispute
A federal judge ruled that the government owns a vacant island off the harbor of Key West, Florida, in rejecting a developer's long-running claim to title, finding that the U.S. Navy has used the site as a buffer from forces such as hurricanes and private development.
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May 30, 2024
Here's What Comes Next After Trump's Conviction
Donald Trump's forthcoming appeal of his historic conviction Thursday in the New York hush money case could include challenges to the state's evidence and jury instructions, but it's unlikely the case will be resolved before Election Day.
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May 30, 2024
NFL Kicker Accused Of Sexually Assaulting Flight Attendants
Two flight attendants who worked on a transatlantic charter flight for the Jacksonville Jaguars have sued the team and kicker Brandon McManus in Florida state court, alleging he sexually assaulted them during the eight-hour flight to London.
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May 30, 2024
SEC Cites High Court CFPB Ruling In Market Surveillance Suit
The U.S. Securities and Exchange Commission has told the Eleventh Circuit that a recent U.S. Supreme Court decision finding the Consumer Financial Protection Bureau's funding structure is constitutional should sink a challenge from broker-dealer firms seeking to escape paying for a market surveillance tool.
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May 30, 2024
Court Urged To Bring Fla. College Retirement Fee Suit To Trial
Workers for Embry-Riddle Aeronautical University have urged a Florida federal court to reject the college's bid for an early win in the proposed class action lawsuit over retirement account investments, saying key factual disputes that still remain over whether recordkeeping fees should be hashed out at trial.
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May 30, 2024
Donald Trump Convicted Of All 34 Counts In NY Trial
Former President Donald Trump was convicted by a Manhattan jury Thursday of 34 felonies over a plot to illegally sway the 2016 presidential election in his favor by concealing hush money payments to porn actress Stormy Daniels.
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May 30, 2024
Atty Who Missed Depo Amid Eclipse Trip Slams AAA's Fee Bid
A lawyer sanctioned for missing a client's deposition in Florida when the attorney was viewing the solar eclipse in Arkansas has slammed the AAA organization's related fees request as "hyperinflated" and cited a popular job-hunting website to back up his argument.
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May 30, 2024
Mukasey Frenchman Co-Founder, Ex-DOJ Atty Join Dynamis
A longtime white collar defense lawyer and a former federal prosecutor have joined new white collar defense firm Dynamis LLP as partners, adding to its lineup of attorneys with expertise in cryptocurrency and other complex financial matters.
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May 30, 2024
Morgan & Morgan Settles Ex-Paralegal's FMLA Suit
Morgan & Morgan PA reached a deal with a former paralegal ending her suit accusing the firm of interference and retaliation when she was unlawfully fired, she said, after requesting time off afforded by the Family and Medical Leave Act, the firm told a Florida federal judge Thursday.
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May 30, 2024
Polsinelli Keeps Up Miami Growth With Boutique Litigator
A commercial and real estate litigator from boutique law firm Mark Migdal & Hayden has jumped to Polsinelli PC to become Polsinelli's fourth shareholder addition in its Miami office this year alone.
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May 30, 2024
Gunster Bolsters Employment And Immigration Teams In Florida
Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.
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May 30, 2024
11th Circ. Backs Navy Win In National Origin Harassment Case
An Eleventh Circuit panel refused to revive a former Naval employee's lawsuit alleging he faced harassment as a result of his Nigerian descent, holding a Florida federal judge did not err in finding he failed to establish harassment that was sufficiently severe or pervasive.
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May 30, 2024
What The Trump Verdict Was Like From Inside The Courtroom
Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
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May 29, 2024
11th Circ. Backs SEC Win In Trader's Challenge To 'Dealer' Tag
An Eleventh Circuit panel on Wednesday affirmed the U.S. Securities and Exchange Commission's win in a suit accusing a microcap stock trader of earning $21.5 million while operating as an unregistered dealer, further solidifying the regulator's argument that so-called toxic lenders are considered unregistered dealers.
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May 29, 2024
Fla. Medicare Companies Get Class Cert. In Suit Against USAA
A Florida state court judge granted certification to a class of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer withheld policy information and intentionally passed its obligation to pay automobile injury claims downstream to other companies, according to attorneys representing the group of businesses.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
Judge Says Texas Can't Relitigate DHS Parole Program
A Texas federal judge won't reconsider a March decision dismissing the Lone Star State's challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying Texas is trying to relitigate the court's conclusion that it lacks standing.
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May 29, 2024
Robinhood Reaches Deal To End 'Meme Stock' Investor Suit
Robinhood Markets Inc. told a Florida federal judge Tuesday that it has reached a settlement with investors to resolve a suit over the trading platform's suspension of so-called meme stock purchases, saying it anticipates finalizing the deal within the next two weeks.
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May 29, 2024
Mercedes-Benz Fights Class Cert In Takata Airbag MDL
Attorneys for Mercedes-Benz on Wednesday urged the judge overseeing the multidistrict litigation over allegedly defective Takata airbags to deny consumers' bid for class certification, arguing that the evidence is clear the company didn't know of any defects in the airbags before a recall was issued.
Expert Analysis
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Opinion
The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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Series
Fla. Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments that could have a notable impact on Florida's finance community include progress on a bill that would substantially revise the state Securities and Investor Protection Act, and the Consumer Financial Protection Bureau's final rule capping late fees for larger credit card issuers, say Benjamin Weinberg and Megan Riley at Leon Cosgrove.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.