Florida

  • June 21, 2021

    Instagram Celeb's PR Firm Can't Escape IP Row, Judge Told

    A marketing agency that sued cannabis entrepreneur and Instagram celebrity Dan Bilzerian and his companies for copyright infringement told a Florida federal judge on Monday that the social media company working with Bilzerian on his vodka line is still liable for infringement and must not be allowed to escape the suit.

  • June 21, 2021

    CVS Didn't Need To Report Drug Discounts To PBM, Jury Told

    A former OptumRx executive testified Monday during a California federal jury trial over class overcharge claims against CVS Pharmacy Inc. that the pharmacy benefit manager's contract with CVS didn't require CVS to report discounted drugs prices under its Health Savings Pass program, which customers allege led to higher insurance copays.

  • June 21, 2021

    Florida Court Awards Tribe Atty Fees But Slams Its Actions

    The Miccosukee Tribe of Indians of Florida will receive $30,000 in attorney fees after fending off a malicious-prosecution lawsuit from now-defunct Miami law firm Lewis Tein PL on sovereign immunity grounds, but a state judge said he would have awarded "no fee at all" if able.

  • June 21, 2021

    11th Circ. Drops T.I. Lyrics, Sides With Rapper In Crypto Ruling

    The Eleventh Circuit on Monday affirmed that an investor's proposed class action accusing rapper T.I. and his business partner of securities law violations over a cryptocurrency offering is untimely, refusing to accept the investor's argument that fraudulent concealment extended the statute of limitations.

  • June 21, 2021

    11th Circ. Affirms $3.4M In Royal Caribbean Passenger's Death

    The Eleventh Circuit on Monday upheld a $3.4 million award to the daughter of a man who died of a heart attack while on a Royal Caribbean cruise, finding that Florida's wrongful death statute, which allows for nonpecuniary damages, applies to the case.

  • June 21, 2021

    Real Estate Rumors: EDRE Development, Cain, VIG Furniture

    EDRE Development has reportedly paid $13 million for a Brooklyn development site, a Cain International venture is said to have paid roughly $120 million for a Manhattan church and VIG Furniture has reportedly dropped $9.1 million on a Florida distribution center.

  • June 21, 2021

    Personal Injury Atty Who Copped To Mistrial Ducks Sanctions

    A trial court was right to not sanction an attorney whose misleading statements led to a mistrial in a personal injury case, as the lawyer's "mischaracterizations" were not extensive, a Florida state appellate court has determined.

  • June 21, 2021

    Trial Court's Ruling After Voluntary Dismissals Deemed Wrong

    A Florida state appeals court ruled Friday that a lower court lost jurisdiction to enter any motion or final judgment in a shareholder's derivative suit regarding an Orlando child care facility after the parties filed a joint notice of dismissal during trial.

  • June 21, 2021

    Jury Says Service Member's 3M Earplug Injury Worth $1.7M

    A Florida federal jury said Friday that a service member sustained $1.7 million in hearing loss damages from 3M's combat earplugs, and that 3M was 62% responsible, handing the company its second loss in three rapid-fire bellwether trials.

  • June 18, 2021

    Fla. Wins Injunction In CDC Fight Over COVID Cruise Edicts

    A Florida federal court on Friday agreed to temporarily block the U.S. Centers for Disease Control and Prevention's pandemic-related restrictions on the cruise industry, ruling that the Sunshine State is "highly likely" to succeed on its claim that the agency exceeded its authority with the regulations.

  • June 18, 2021

    11th Circ. Says Rules Require New Review Of Asylum Bid

    In a decision that established several court precedents, the Eleventh Circuit has revived a Sri Lankan man's bid for asylum, ruling that both an immigration judge and the Board of Immigration Appeals failed to properly reconsider his asylum application after allowing him to stay in the United States.

  • June 18, 2021

    Carnival Says Data Breach Exposed Customer, Staff Info

    Carnival Corp. said Friday that a March data breach may have exposed the personal information of guests and employees on its Carnival Cruise, Holland America and Princess Cruises lines, an episode that comes after the company was hit last year by ransomware attacks.

  • June 18, 2021

    Fla. High Court Adds Restrictions To IOTA Fund Distribution

    The Florida Supreme Court on Friday adopted restrictions on how funds from interest on attorney trust accounts are distributed, but added requested modifications to soften the blow of the changes, which legal aid groups had warned would cripple their abilities to serve low-income individuals.

  • June 18, 2021

    Fla. Wiretap Suits A 'Scheme,' Says Investment Firm

    Edward Jones Investments denounced a lawsuit over its marketing analytics software as part of a "calculated scheme" by plaintiffs' counsel to flood the Florida court system with identical complaints in search of a sympathetic judge.

  • June 18, 2021

    Fla. Judge Threatens Default In Missing Escrow Funds Suit

    A Florida federal judge has threatened a payment service provider and its owner with default for failing to retain counsel in a suit accusing them and a Florida law firm of keeping $178,000 that was supposed to be transmitted as payments for a Texas business' international purchases.

  • June 18, 2021

    Honduras Gets Investors' Expropriation Suit Tossed For Now

    A Florida federal judge has dismissed an expropriation suit against Honduras by a group of nearly 100 U.S. real estate investors after finding that the investors failed to show a taking of their property and a commercial nexus to the U.S.

  • June 18, 2021

    Texas Backs Fla. Bid To Block Biden's Migrant Removal Policy

    Texas has joined a fight over two Biden administration policies temporarily narrowing the types of migrants prioritized for removal, joining Florida in urging the Eleventh Circuit to take on the policies because they carry the force of law and warrant judicial review.

  • June 18, 2021

    11th Circ. Urged To Revive Fla. Eatery's Virus Class Claims

    A Miami restaurant is taking its pandemic coverage class claims to the Eleventh Circuit, saying a lower court incorrectly found that government restrictions and the potential presence of the virus at the property didn't cause physical loss or damage.

  • June 18, 2021

    Real Estate Rumors: Wells, Value Store It, Empire Capital

    Wells Fargo and J.P. Morgan have reportedly loaned $250 million for a New York office condo, Value Store It is said to have paid $35 million for two Florida self storage properties, and an Empire Capital venture is reportedly under contract to pay $107 million for a New York office building.

  • June 18, 2021

    Freshfields, Shumaker Lead $2.2B Merger Of IT Services Firms

    Florida-based information technology outsourcing services firms Sitel Group and Sykes Enterprises have agreed to merge in a $2.2 billion transaction put together with help from respective legal advisers Freshfields and Shumaker, the companies said Friday.

  • June 17, 2021

    Insurer Asks 11th Circ. To Back Win In Virus Coverage Spat

    Aspen Specialty Insurance Co. urged the Eleventh Circuit on Thursday to back its win against a Florida steakhouse's COVID-19 business interruption coverage suit, pointing out that property insurance policies are not designed to extend to coverage against pandemics.

  • June 17, 2021

    SEC Says Adviser Illicitly Routed Trade Winnings To Relatives

    A Miami-based investment adviser used a "cherry-picking" scheme to funnel millions of dollars worth of winning trades to accounts held by relatives while intentionally routing losses to other client accounts, the U.S. Securities and Exchange Commission said Thursday.

  • June 17, 2021

    Coronavirus Litigation: The Week In Review

    Disney must face discrimination allegations for denying entry to one of its stores to an autistic boy for not wearing a mask, a Princess Cruises passenger has dropped her claims over a COVID-19 outbreak on a ship, and a judge has denied Geico the chance to file an immediate appeal in a suit alleging it's been unfairly profiting off the pandemic by charging high premiums.

  • June 17, 2021

    Many Courts Close For Juneteenth After Federal Holiday Nod

    With President Joe Biden signing a bill Thursday marking Juneteenth as a federal holiday, many federal courthouses may be scrambling to reschedule court hearings as the law gives most federal employees the day off.

  • June 17, 2021

    FCC Advances Plan To Stop Most Chinese Equipment Sales

    The Federal Communications Commission voted Thursday on a plan that could further restrict the flow of Chinese-made technologies into the U.S., kicking off a rulemaking to examine how the agency can hone its device approval rules "to help keep insecure devices off the market."

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • NextEra Ruling Could Support Initial-Bidder Expense Claims

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    The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • 3 Approaches For Measuring Short Squeeze Trading Damages

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    In the ongoing multidistrict securities litigation over the impact of trading restrictions Robinhood imposed in response to January’s meme stock short squeeze, three proposed damages frameworks offer alternatives to the problematic approach of basing such estimates on lost trading opportunities, say consultants at Analytic Focus.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

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