Florida

  • April 21, 2021

    CFPB's Next Stop Is Appeal As Ocwen Win Is Finalized In Fla.

    A Florida federal judge on Wednesday entered final judgment for Ocwen Financial Corp. in a mortgage servicing misconduct suit brought by the Consumer Financial Protection Bureau, setting the stage for an appeal by the agency after its case was gutted last month.

  • April 21, 2021

    Real Estate Rumors: DW, Sentinel, Centurion American

    DW Distribution is reportedly eyeing a 185,900-square-foot lease in Texas, Sentinel Real Estate is said to have dropped $96.6 million on a South Florida multifamily portfolio, and Centurion American Development Group is reportedly hoping to build hundreds of apartment units and townhomes north of Dallas.

  • April 21, 2021

    Insurers Can't Avoid Fla. Landlord's Pandemic Coverage Suit

    A Florida commercial landlord can proceed with its suit against National Fire & Marine Insurance Co. and underwriters at Lloyd's London for $900,000 in lost revenue from the COVID-19 pandemic, a state appeals panel affirmed Wednesday, saying a lower court didn't err in denying dismissal.

  • April 21, 2021

    Atty Tells 11th Circ. His Florida Disbarment Was Unfounded

    An attorney appeared to draw support from the Eleventh Circuit on Wednesday as he challenged the Southern District of Florida's lack of explanation for disbarring him in response to his suspension by the Texas bar, but it remains to be seen whether it will be enough to change his fate.

  • April 21, 2021

    Fla. Town Fights To Revive Beach Public Use Ordinance

    A Florida town asked the Eleventh Circuit on Wednesday to overturn a ruling invalidating an ordinance that allowed for public use of the town's beaches, arguing that the lower court got it wrong when it deemed the ordinance an unconstitutional taking of beachfront homeowners' property.

  • April 21, 2021

    Greenberg Traurig Hires Litigation Shareholder In Miami

    BigLaw firm Greenberg Traurig LLP announced on April 15 the hiring of a new shareholder in its trial and litigation practices out of its Miami office.

  • April 21, 2021

    11th Circ. Revives CWA's Bid To Arbitrate Seniority Grievance

    The Eleventh Circuit revived a Communications Workers of America lawsuit seeking to force into arbitration its grievance with an AT&T subsidiary over a worker's seniority status, saying the union did not file its suit too late.

  • April 21, 2021

    Skadden, Gibson Cook Up $4.3B Food Service Equipment Deal

    Middleby Corp. will absorb fellow food service equipment supplier Welbilt Inc. for an enterprise value of roughly $4.3 billion, the companies said Wednesday, in a deal prepared with assistance from respective legal advisers Skadden and Gibson Dunn.

  • April 21, 2021

    Liberty Power Cuts Entire Staff And Files For Ch. 11

    Electrical retailer Liberty Power has filed for Chapter 11 in a Florida bankruptcy court, saying it was forced into the action by a nearly $86 million electrical bill stemming from February's freak winter storm in Texas and the loss of its management staff this weekend.

  • April 20, 2021

    FCC Won't Do Dems' 'Bidding' In Miami Station Sale, Carr Says

    The Federal Communications Commission's foremost Republican has rebuked reported calls from a group of congressional Democrats for the regulator to reject the sale of a Spanish-language radio station in South Florida, saying their demand "is based purely on politics."

  • April 20, 2021

    Fed. Circ. Slams Albright's 'Clearly Flawed' Transfer Denial

    Prepaid mobile phone provider TracFone Wireless can get a patent lawsuit against it shipped out of the Western District of Texas after the Federal Circuit on Tuesday panned U.S. District Judge Alan Albright's "clearly flawed" decision to keep the case in his court.

  • April 20, 2021

    Courts Likely To Dismantle Florida's 'Anti-Riot' Law

    Florida Gov. Ron DeSantis achieved one of his top legislative priorities Monday when he signed an "anti-riot" bill prompted by Black Lives Matter protests that enhances penalties for demonstrations that turn violent, but experts say the bill is unlikely to emerge from court intact after being subject to First Amendment tests.

  • April 20, 2021

    11th Circ. Upholds Extended Penalty For Unlawful Reentry

    The Eleventh Circuit on Tuesday backed harsher sentences for unauthorized immigrants who commit serious crimes before or after they illegally reenter the United States, finding that the U.S. Sentencing Commission's guidelines appropriately rely on a "national interest" related to deterrence.

  • April 20, 2021

    Landmark Equifax Data Breach Deal Challenged At 11th Circ.

    Equifax and class counsel urged the Eleventh Circuit on Tuesday not to disturb a landmark data breach settlement that requires the company to spend at least $1.38 billion on compensation and remediation, but the appeals court voiced concern about the trial court's failure to publicize a draft of its approval order that class counsel wrote.

  • April 20, 2021

    Latham-Led Entertainment Giant Stages IPO Comeback

    Sports and talent agency Endeavor unveiled an estimated $501 million initial public offering Tuesday, resurrecting aspirations to go public 18 months after canceling prior plans, and it is one of three companies to launch plans for offerings estimated to raise nearly $1.3 billion combined.

  • April 20, 2021

    11th Circ. Panel Dubious Of Pfizer Marketing Challenge

    A panel of Eleventh Circuit judges on Tuesday said it may take specific instances of alleged false advertising, rather than a general impression, for a specialty pharmaceutical company to challenge a Pfizer Inc. unit's marketing of a rival epinephrine product.

  • April 20, 2021

    Fla. Judge Awards $405M For Iran-Backed Terrorist Attack

    Survivors of a 2005 attack that targeted U.S. government contractors in Basra, Iraq, as well as the families of their murdered colleagues collectively won $405 million Monday, concluding six years of one-sided litigation against Iran.

  • April 20, 2021

    PGA Says It Didn't Overstep In Getting Sirius Show Canceled

    The PGA Tour told a Florida federal judge Monday it was within its rights to ask SiriusXM to suspend a radio show hosted by Tiger Woods' former swing coach after he made racist and sexist on-air comments about female golfers.

  • April 20, 2021

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

    COVID-19 vaccination eligibility expanded to all adults over the past week as state leaders continued to focus on equity in places like Massachusetts, where the Boston Red Sox joined an initiative to provide immunizations to populations disproportionately impacted by the coronavirus.

  • April 20, 2021

    Justices Mull If Appeals Courts Can Look Outside Trial Record

    The U.S. Supreme Court appeared unconvinced on Tuesday that an appeals court reviewing a case for plain error based on an intervening high court decision should not be allowed to reach outside the trial record.

  • April 20, 2021

    Fox Rothschild Hires Labor Partner From Akerman

    Fox Rothschild LLP on Monday announced the hiring of a labor and employment partner out of its Miami office from Akerman.

  • April 20, 2021

    U. Of Miami Asks Court To Toss 'Wasteful' EEOC Pay Bias Suit

    The University of Miami urged a Florida federal judge to toss an U.S. Equal Employment Opportunity Commission suit accusing it of underpaying a female professor, saying a male professor's higher salary is justified because of his credentials.

  • April 20, 2021

    Fla. To Tax Remote Sellers, Slash Biz Rent Tax

    Florida Gov. Ron DeSantis signed into law a bill requiring remote sellers and marketplace facilitators to collect and remit sales and use tax, which will raise an estimated $1.08 billion annually, and eventually slashing the state's business rent tax.

  • April 19, 2021

    Cisco Can't Escape Fiber Optics Patents Suit

    A Texas federal judge has denied Cisco Systems Inc.'s attempt to ax a patent infringement suit raised by a Florida software company over two fiber optics patents, finding that Cisco failed to show that the software company's claims regarding the patents were the same claims made in prior litigation.

  • April 19, 2021

    Ponzi Investors Want Class Cert. In Suit Against Comerica

    A group of investors in the Woodbridge Group Ponzi scheme are asking a California federal judge to certify them as a class in a suit against Comerica Bank, which they say aided Woodbridge's fraud by ignoring "hundreds" of red flags of criminal activity.

Expert Analysis

  • Tips For Protecting Privilege When Working With Outside PR

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    As lawsuits stemming from companies' COVID-19 responses grow and businesses hire public relations firms to manage the fallout, companies and their counsel should consider strategies to best protect themselves in court — and in the court of public opinion — without stepping on a privilege land mine, say Daniella Main and Mia Falzarano at Alston & Bird.

  • Opinion

    FINRA Should Limit Brokerages' Post-Arbitration Appeals

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    In light of four recent appellate decisions rejecting brokerage firms' arbitration award challenges, the Financial Industry Regulatory Authority should impose penalties on broker-dealers that lose post-arbitration appeals to put an end to the wasteful practice that disregards the U.S. Supreme Court’s word on the matter, say Ethan Brecher and Ana Montoya at the Law Office of Ethan A. Brecher.

  • 3 Procurement Priorities For Law Firms In Uncertain Times

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    As the pandemic and its associated economic disruption linger, law firm procurement teams should expand their objectives beyond purchasing and getting the best price for goods and services, to help firms become more nimble and achieve overarching strategic goals, says Lee Garbowitz at HBR Consulting.

  • Opinion

    UK Is Proof Nonlawyer Ownership Threatens Legal Profession

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    Advocates claim that nonlawyer ownership of law firms — now allowed in Arizona — will increase low-income Americans' access to legal services, but the reality in the U.K. demonstrates that nonlawyer owners are drawn to profitable areas like personal injury and create serious conflicts of interest, say Austin Bersinger and Nicola Rossi at Bersinger Law.

  • Remote Bar Exams Pose New Learning Disability Challenges

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    New bar exam formats necessitated by the COVID-19 crisis — going from paper to computer, in-person to remote, human to artificial intelligence proctoring — may exacerbate shortcomings in disability assessments for learning-disabled test takers seeking accommodations, says Rebecca Mannis at Ivy Prep.

  • New Ariz. Law Practice Rules May Jump-Start National Reform

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    Arizona's far-reaching new rules opening its legal sector up to nonlawyer participation may encourage other states to follow suit, with both positive and negative consequences for clients, the justice system, legal education and lawyers' careers, say Maya Steinitz at the University of Iowa and Victoria Sahani at Arizona State University.

  • And Now A Word From The Panel: Fewer MDLs, More Actions

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    A critical trend in multidistrict litigation in 2020 was a simultaneous decrease in the number of proceedings and a major increase in the number of individual actions within MDLs — from just over 130,000 at the end of 2019 to more than 340,000 a year later, says Alan Rothman at Sidley.

  • 10 Tips For Your Next Virtual Court Appearance

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    Many federal and state courts will likely embrace virtual proceedings even after pandemic-related restrictions are lifted, so attorneys should get comfortable with the virtual platforms commonly used by courts, and follow a few audio and video best practices, says Justin Heminger, a senior litigation counsel at the U.S. Department of Justice.

  • 4 Cannabis Lending Strategies For Financial Institutions

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    Community banks, credit unions and other financial institutions concerned about the legal and regulatory risks associated with a cannabis lending program should look to state initiatives that are leading the way and lending norms in other high-risk industries, say attorneys at Burns & Levinson.

  • 10 State And Local Tax Predictions For 2021

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    Chuck Jones, Lori Stolly and Patrick Skeehan at Grant Thornton forecast the biggest state and local tax issues for 2021 as jurisdictions continue to deal with the economic fallout of the COVID-19 pandemic.

  • Don't Let Lies Infiltrate The Mediation Process

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    The pandemic-era rise in mediation brings about the increased risk that participants will engage in dishonest behavior with the expectation that settlement negotiations will be kept confidential, but lawyers should beware that state confidentiality protections differ, and that courts have applied ethical rules in the mediation context, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Perspectives

    Judges On Race: Lack Of Data Deters Criminal Justice Reform

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    Many state courts' failure to gather basic data on sentencing and other important criminal justice metrics frustrates efforts to keep checks on judges’ implicit biases and reduce racial disparities, say Justice Michael Donnelly at the Ohio Supreme Court and Judge Pierre Bergeron at the Ohio First District Court of Appeals.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • Liquidation Lessons From 11th Circ. Pension Plan Ruling

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    The Eleventh Circuit's recent decision in Pension Benefit Guaranty Corp. v. 50509 Marine, upholding a company's defined plan termination liability under the Employee Retirement Income Security Act 20 years after that business liquidated, highlights issues that owners need to consider upon company dissolution, say attorneys at Winston & Strawn.

  • 6 Changes The Legal Industry Should Prepare For

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    As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.

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