Florida

  • April 23, 2021

    Man Can't Get FBAR Penalties Overturned, 11th Circ. Rules

    A naturalized citizen must face tax penalties for his failure to report foreign bank accounts to the Internal Revenue Service because the government proved he willfully attempted to hide his income overseas, the Eleventh Circuit said Friday.

  • April 23, 2021

    AGs, FTC Say Facebook Must Plan For Discovery Now

    The Federal Trade Commission and 48 attorneys general are seeking to force Facebook in D.C. federal court to engage in conversations concerning how discovery will be handled if the court rejects the tech giant's pending motion to throw out their antitrust cases.

  • April 23, 2021

    Aon Hewitt Beats Suit Over Hospital Pension Wind-Down

    A Florida federal judge has ruled that Aon Hewitt Investment Consulting Inc. and a subsidiary's handling of a hospital pension plan they were hired to wind down was aboveboard, rejecting Foundation Resolution Corp.'s claims that their strategy violated federal benefits law.

  • April 23, 2021

    11th Circ. Finds Expert Qualified In Suit Over Surgery Tool

    The Eleventh Circuit has sent a suit back to court that alleges a surgical tool made by Intuitive Surgical Inc. caused internal burns during a woman's hysterectomy, saying the district court was wrong to disqualify the woman's expert on the basis of him having never used the tool.

  • April 23, 2021

    Fla. High Court Rejects Proposed Sanction For Miami Judge

    The Florida Supreme Court has rejected a proposed 60-day suspension for a Miami judge charged with tasking his court staff with personal errands and skipping out on work, signaling that the court is leaning toward a harsher penalty.

  • April 23, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Citadel Securities sue a former trader, a shipping company appeal findings involving a jailed tycoon, and the U.K. arm of Tata Steel file suit against companies owned by Indian tycoon Sanjeev Gupta. Here, Law360 looks at those and other cases. 

  • April 23, 2021

    Hotels Face Uneven Odds Of Surviving The Pandemic

    The COVID-19 pandemic has put a major strain on hotels as occupancy levels have been low for more than a year. As the vaccine rolls out and leisure travel picks up, business will likely rebound unevenly across the hotel sector. Here, Law360 looks at the road ahead.

  • April 22, 2021

    Deutsche Bank Seeks Sanctions For Atty's 'Egregious' Scam

    A Deutsche Bank trustee unit has accused a Florida foreclosure defense attorney of using secretive and abusive litigation tactics against big banks to pull off an "egregious" scam that has scored more than $30 million in default judgments.

  • April 22, 2021

    FTC Lacks Facts For Antitrust Claims, Facebook Says

    The Federal Trade Commission can't save its antitrust claims against Facebook with "an artificial construct" of a product market, and state attorneys general can't establish themselves as sovereign competition enforcers, the social media giant has told a D.C. federal judge.

  • April 22, 2021

    Fla. Seeks Injunction In Suit To Overturn CDC's Cruise Ban

    The state of Florida asked a federal court on Thursday to immediately block the federal government from enforcing its now yearlong ban on cruises due to the COVID-19 pandemic while the state pursues its recently filed lawsuit looking to knock down the restrictions.

  • April 22, 2021

    Del. Judge Delays Ch. 11 Ruling Over Hertz False Arrest Suits

    A Delaware bankruptcy judge preliminarily denied a motion Thursday to lift a stay in The Hertz Corp.'s Chapter 11 to state or U.S. district court suits over the car rental giant's alleged practice of falsely reporting rented cars as stolen, leading to unjustified arrests.

  • April 22, 2021

    Berkshire Urges 11th Circ. To Toss $4M Life Settlement Ruling

    Insurer Berkshire Hathaway told the Eleventh Circuit Thursday that a lower court erred in finding that a Florida woman's life insurance policy it purchased through a secondary market had been originally procured through an illegal transaction, and that it must pay more than $4 million in proceeds to the woman's estate.

  • April 22, 2021

    10 States Sue Biden Over Greenhouse Gas Cost Initiative

    A group of 10 states on Thursday alleged President Joe Biden exceeded his authority and circumvented normal rulemaking procedure when he instructed federal agencies to institute an expanded system for calculating greenhouse gas pollution's harms.

  • April 22, 2021

    11th Circ. Revives Debt Collection Suit Over Info Disclosure

    The Eleventh Circuit on Wednesday said in a matter of first impression that a consumer can pursue claims under the Fair Debt Collection Practices Act that a debt collection company violated the law by giving a vendor his information.

  • April 22, 2021

    Real Estate Rumors: Nuveen, MCB, Sunbeam

    Nuveen has reportedly paid $46.5 million for a Florida apartment complex, MCB Real Estate is said to have dropped $16 million on a Maryland retail property, and Sunbeam Properties has reportedly bought a Florida restaurant building for $13.5 million.

  • April 22, 2021

    Fla. Sen. Passes Bill To Block Key West Cruise Ban

    The Florida Senate passed a bill Thursday to limit local control of seaports, bringing the state one step closer to blocking three voter-approved amendments to the Key West city charter to ban large cruise ships from docking at the Florida island because of health and environmental concerns.

  • April 22, 2021

    Fla. High Court Snuffs Out Recreational Pot Proposal

    The Florida Supreme Court on Thursday struck a ballot measure that would legalize recreational marijuana, finding that the proposed ballot summary is misleading because it tells voters that the constitutional amendment would "permit" possession of marijuana without mentioning potential criminal liability under federal law.

  • April 22, 2021

    Dishwasher-Defective Cookware Suits Grouped In Western Pa.

    Cases accusing a Pennsylvania cookware company of selling pots and pans that turn dangerously sharp after trips through the dishwasher will be grouped together in a Pittsburgh federal court, where a judge brought together four cases Thursday.

  • April 22, 2021

    Ex-Pension Fund Worker Seeks 11th Circ. Redo Of Bias Suit

    An ex-manager at an Alabama state pension fund urged the Eleventh Circuit to grant a full-panel rehearing of her gender discrimination lawsuit against her former employer, claiming the judges who affirmed the lower court's decision to dismiss the case broke with court precedent.

  • April 22, 2021

    Greystone Provides $43M For Fla. Apartment Complex

    Greystone said Thursday it has provided $43 million in financing to K&J Residential Group for a multifamily property in Port St. Lucie, Florida.

  • April 22, 2021

    Fla. Panel Won't Revisit School Tax Hike's Constitutionality

    A Florida appeals court won't reconsider its decision that a 2018 county referendum approving a tax increase can be made constitutional by severing unconstitutional provisions, with dissenting judges asserting a recent state Supreme Court decision invalidated the panel's previous holding.

  • April 21, 2021

    Employment Agency Charged In Large-Scale Visa Fraud Plot

    An employment agency and a purported foreign student placement agency schemed to unlawfully hire noncitizens in restaurants and hotels, prosecutors say in a 36-count indictment unsealed Wednesday against the companies, and nine of their officers and managers.

  • April 21, 2021

    Canal Contractor Cites Arbitrator Conduct In Bid To Nix Award

    An international tribunal's failure to disclose several lucrative cross-appointments that allegedly created an impression of bias is again at the forefront of a petition to vacate an arbitral award issued in a contentious dispute over a multibillion-dollar project to expand the Panama Canal.

  • April 21, 2021

    Twitter Wants Toss Of Biden Laptop Defamation Suit In Fla.

    Twitter has asked a Florida judge to dismiss with prejudice a federal defamation suit filed by the former owner of a Delaware computer repair shop where a laptop purportedly owned by Hunter Biden, son of President Joe Biden, allegedly surfaced, saying none of the social media giant's actions were defamatory.

  • April 21, 2021

    Hertz Gets OK For Creditor Vote On Ch. 11 Plan

    A Delaware bankruptcy judge Wednesday declined to give potential alternative equity backers of Hertz Global's Chapter 11 plan more time to finalize their proposal, instead giving the car rental giant the go-ahead to send its restructuring plan out for a creditor vote.

Expert Analysis

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • Opinion

    Fixing Ch. 11 For Small Biz: The SBRA Is Working As Intended

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    The Small Business Reorganization Act appears to be fulfilling its promise: Bankruptcy cases under the act are cheaper, more efficient and leading to more consensual reorganizations of eligible small businesses, say Robert Keach and Adam Prescott at Bernstein Shur.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • Let's Emerge From The Pandemic As Legal Innovators

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    The pandemic forced a digital reckoning on the legal profession — which switched to remote workforces, paperless workflows and digital signatures seemingly overnight — and law firms and corporate legal departments can keep up the innovation momentum with three guiding principles, says Kevin Clem at HBR Consulting.

  • Anticipating Predictive Analytics' Potential Uses In Litigation

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    Predictive analytics — the marriage of statistics and machine learning now commonly used in litigation for document review and production — will soon likely bring exciting new uses in discovery and beyond, offering attorneys more data-driven ways to establish facts and predict case outcomes, say Richard Finkelman and Karl Schliep at Berkeley Research Group.

  • Opinion

    This Black History Month, Law Firms Should Challenge Norms

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    With so little progress made in the diversification of the legal industry, Black History Month is a good time for law firms to adjust their organizational cultures, ensuring that diversity and inclusion goals are transparent and measured in the same way billable hour and other core targets are — through written, enforceable policies, says Paulette Brown at Locke Lord.

  • 4 Takeaways For States From 1st Circ. Wire Act Lottery Ruling

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    The First Circuit's recent decision in NH Lottery Commission v. Rosen, that state-run, intrastate, online lotteries can continue to operate, may precipitate significant growth in the gambling industry despite limitations on online wagering, say attorneys at White & Case.

  • Key FCA Developments From 2020 And What To Expect Next

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    In 2020, the U.S. Department of Justice had its most active year yet in initiating new False Claims Act matters despite the pandemic and several key questions that have divided courts — and the surge in activity is expected to continue this year, say attorneys at Epstein Becker.

  • Series

    Judges On Race

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    On the heels of nationwide calls to address systemic racism and inequality, five sitting state and federal judges shed light on the disparities that exist in the justice system and how to guard against bias in this series of Law360 guest articles.

  • Law Firm Penalties On Departing Partners Just Got Riskier

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    A D.C. appeals court's recent decision in Jacobson Holman v. Gentner sharply limiting the ability of law firms to financially penalize departing partners continues a clear trend among court rulings and bar ethics opinions, and should encourage firms to review their partnership agreements for any ethical land mines, says Alan Kabat at Bernabei & Kabat.

  • State COVID-19 Liability Shields Create Insurance Challenges

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    The absence of a federal COVID-19 liability shield has created ongoing uncertainty for insurance carriers, who must understand protections afforded by a complicated patchwork of state-specific laws and executive actions, says Mackenzie Moy at Zelle.

  • NJ Case Has Lessons On Arbitration Clauses In Atty Retainers

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    The New Jersey Supreme Court’s recent opinion in Delaney v. Dickey tracks and builds on other jurisdictions' limitations on the enforceability of arbitration provisions in law firm retainer agreements, and provides useful guidance for lawyers hoping to bind clients to arbitration, say attorneys at Harris Wiltshire.

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