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Florida
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April 01, 2024
Fla. Justices Uphold Abortion Ban, Approve Pro-Choice Ballot Measure
The Florida Supreme Court on Monday upheld a 15-week abortion ban in the state while also approving an initiative to preserve abortion access for placement on the ballot in November, leaving it to voters to decide the state's post-Dobbs future.
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April 01, 2024
Insurer Defends Gas Station Cleanup Exclusion To 11th Circ.
An insurer has asked the Eleventh Circuit to reject a Florida gas station owner's bid to make it pay for contamination caused by a leaking underground fuel tank, telling the appeals court the station's policy doesn't cover an incident discovered well before the policy went into effect.
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April 01, 2024
Fla. Atty Can't Escape $300K COVID Relief Fraud Conviction
A Florida attorney fell short in trying to nix her conviction for conspiracy to commit wire fraud when a Georgia federal court found the jury heard and saw a "plethora" of evidence to show she submitted fraudulent loan applications in an effort to obtain money meant to help small businesses during the COVID-19 pandemic.
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April 01, 2024
Fla. Judge Says Saudi Arabia Immune From Navy Attack Suit
A Florida federal judge freed Saudi Arabia from a lawsuit alleging its responsibility for a Royal Saudi Air Force lieutenant's deadly shooting attack at a Pensacola Navy base, saying attack victims failed to overcome the country's immunity from U.S. lawsuits.
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April 01, 2024
Trump Urges 11th Circ. To Revive $475M CNN Defamation Suit
Donald Trump has asked the Eleventh Circuit to revive a $475 million defamation lawsuit the former president filed against CNN, alleging the network spent years "wrongfully Hitlerizing" him by calling his challenges to the 2020 election results his "Big Lie."
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April 01, 2024
With Suit, NJ City Looks To Clear The Air About Cops' Pot Use
A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.
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April 01, 2024
5G Co. Airspan Hits Ch. 11 With $205M Debt, Reorg Plan
5G hardware and software maker Airspan Networks filed for Chapter 11 protection Monday in a Delaware bankruptcy court with plans to trade its more than $205 million in funded debt for equity and raise up to $95 million in new equity financing.
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March 29, 2024
Petition Watch: Off-Label Ads, Retiree Discrimination & PPE
A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.
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March 29, 2024
BofA Sued After FTC Imposter Steals $2M From Accounts
A 67-year-old Florida woman has sued Bank of America over alleged negligence and violations of several federal laws, claiming in the case that was removed to federal court this week that the financial services company failed to protect her accounts as she fell victim to a sophisticated social engineering scam by a person posing as a Federal Trade Commission investigator who stole $2 million.
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March 29, 2024
GEO Group Brass Agree To Reforms To End Derivative Suit
Shareholders who claimed executives of private prison contractor GEO Group Inc. lied about financing deals with major banks told a Florida federal judge that the company has agreed to a host of corporate reforms to end the derivative suit, which will include the appointment of a chief compliance officer.
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March 29, 2024
L3Harris Accuses Moog Of Delays In Subdeals Worth $77.9M
L3Harris Technologies Inc. has hauled fellow defense contractor Moog Inc. into Florida federal court, alleging that Moog failed to timely deliver critical satellite parts under several subcontracts worth $77.9 million, despite the U.S. government requiring expedited delivery for national defense purposes.
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March 29, 2024
Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment
An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.
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March 29, 2024
Real Estate Authority: Investment Bans, Extreme Heat, CRE
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the legal patchwork of state actions barring foreign investment in real estate, the extreme threat presented by extreme heat, and the $870 billion in commercial real estate debt about to come due.
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March 29, 2024
Liberty Units Lose $13.3M Motel Murder Coverage Bid
CNA and Chubb units have no duty to reimburse two Liberty Mutual units for a $13.3 million judgment stemming from a motel murder, an Ohio federal court ruled, saying no bad faith claim was asserted against the Liberty Mutual units triggering their errors and omissions policies.
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March 29, 2024
Red States Say Court Must Lift LNG Export Review Pause
A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.
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March 29, 2024
Cannabis Co. Consultant Barred From Penny Stock Trading
A Florida federal judge has barred a self-designated consultant for a cannabis company from penny stock trading for life, finding that he knowingly put out statements claiming the company had deals to do business in countries where it was not legally allowed to sell cannabis products.
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March 29, 2024
8 States Seek $122M After Robocaller Allegedly Ignored Ban
Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.
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March 28, 2024
Fla. Judge Axes Club Owners' Suit 'Intended For The Media'
A Florida federal judge has dismissed a complaint brought by two Little Havana businessmen against top-level Miami officials over weaponizing city resources against them for supporting a local political candidate, saying the lawsuit appeared to be "intended for the media" and needs to be refiled without errors.
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March 28, 2024
Telecom Co. Wants Rival Sanctioned In Contract Row
Florida telecom Local Access LLC is again seeking sanctions against the Chicago-based rival it's suing over a contract dispute, claiming that Peerless Network destroyed records and refuses to turn over revenue information it's been seeking since 2017, even after a Florida federal judge directed the company to do so.
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March 28, 2024
FTX Investors To Settle With Ex-Execs, Crypto Promoters
Investors who launched a multidistrict litigation over cryptocurrency exchange FTX's collapse have reached a set of settlements with the former inner circle of founder Sam Bankman-Fried as well as seven promoters who, together, have agreed to pay over $1.3 million to resolve claims that they boosted a massive fraud scheme at the company.
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March 28, 2024
Trans Officer's Harassment Was 'Severe,' 11th Circ. Says
The Eleventh Circuit on Thursday revived a lawsuit brought by a transgender correctional officer in Georgia, saying he faced a hostile work environment and that a lower court wrongly determined he didn't experience "severe or pervasive" misgendering harassment by colleagues and supervisors.
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March 28, 2024
FSU Reaches Deal To End Family Leave Retaliation Suit
Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.
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March 28, 2024
Radiology Co. To Pay $19M To End ESOP Self-Dealing Suit
A radiology company and its employee stock ownership plan trustee will pay $19 million to settle a proposed class action alleging that executives used shell companies to suck value out of the company and shorted workers when the business was sold for $215 million.
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March 28, 2024
11th Circ. Affirms SEC Denial Of Whistleblower Award
An Eleventh Circuit panel has affirmed the U.S. Securities and Exchange Commission's denial of a whistleblower award to John Meisel, who argued he was entitled to one after providing the commission with information used to obtain $18 million in judgments against the perpetrators of a Ponzi scheme.
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March 28, 2024
Greenberg Traurig Investment Pros Join DLA Piper In Ga., Fla.
DLA Piper announced Thursday that it has expanded its investment funds practice with three former Greenberg Traurig LLP attorneys, including a partner and of counsel in Atlanta and a senior attorney in Miami.
Expert Analysis
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Why Seminole Tribe Sports Betting Ruling Is A Net Positive
The D.C. Circuit Court’s recent ruling that a gambling compact between Florida and the Seminole Tribe is lawful even though it allows for online sports betting expands the tribe's offerings while maintaining exclusivity and is a win for individuals who wish to legally wager on sports within Florida, says Daniel McGinn at Dean Mead.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Opinion
Harsh 11th Circ. Rebuke Should Inspire Changes At CFPB
The Eleventh Circuit's recent Consumer Financial Protection Bureau v. Brown decision, which found the CFPB's conduct had been egregious in a debt collection enforcement action, should encourage some reflection at the bureau regarding its level of attention to the reasonable due process concerns of regulated institutions, says Eric Mogilnicki at Covington.
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Keep Up With Telemarketing Compliance: State Law Roundup
As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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New Fla. Immigration Law May Have Crippling Effects
Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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Disney Investor Suit Shows Limit Of Del. Books, Records Law
While Section 220 of the Delaware General Corporation Law remains an important shareholder tool to obtain access to corporate books and records, the Delaware Chancery Court's recent decision in Simeone v. Disney illustrates the extent that judges will allow the use of Section 220 to scrutinize disagreements about corporate speech on ESG issues, say Stephen Kraftschik and Robert Penza at Polsinelli.
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Series
Fla. Banking Brief: All The Notable Compliance Updates In Q2
Florida financial institutions must now navigate minimum interest rates for attorney trust accounts, restrictions on property sales to prohibited foreigners, and a ban on weighing environmental, social and governance factors to determine a customer's creditworthiness — changes that will add to banks' compliance pressures, says Patricia Hernandez at Avila Rodriguez.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What The ESG Divide Means For Insurers And Beyond
The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.