Florida

  • August 07, 2020

    Chinese Investors Say Fla. EB-5 Fraud Suit Is No Sham

    Chinese investors urged a Florida judge Friday to reject a White House-connected real estate developer's request that the court strike down their lawsuit accusing him of a $99.5 million EB-5 visa fraud scheme, saying a seven-hour hearing only proved there are factual issues that must be tried in court.

  • August 07, 2020

    11th Circ. To Rehear Epstein Victims' Lawsuit

    The 11th Circuit on Friday vacated an April panel decision and said it will rehear en banc a petition from an alleged victim of Jeffrey Epstein that argues a non-prosecution agreement between the billionaire sex offender and federal prosecutors violated her rights under the Crime Victims' Rights Act.

  • August 07, 2020

    Red State AGs Lobby For COVID-19 Business Immunity

    Nearly two dozen Republican attorneys general have banded together to urge federal lawmakers to pass a liability shield for businesses in connection with worker and consumer COVID-19 injury suits.

  • August 07, 2020

    SEC Fines Rialto $350K For Mischarging Its Own Funds

    The U.S. Securities and Exchange Commission has fined private equity real estate firm Rialto Capital Management $350,000 for recouping costs and expenses from the wrong investment funds, according to a settlement Friday.

  • August 07, 2020

    Real Estate Rumors: Hales Franciscan, Omninet, Estate

    Hales Franciscan is now reportedly hoping to sell all of its Chicago campus, Omninet Capital has reportedly leased out 28,800 square feet east of Los Angeles to Carmichael International Service, and Estate Investments Group is said to be hoping to build a 23-story mixed-use tower in North Miami Beach.

  • August 07, 2020

    Sony, Others Look To Revive Pirating Claim At 11th Circ.

    A host of music labels want the Eleventh Circuit to take a look at a ruling last month that trimmed their suit against telecommunications company Bright House Networks over its alleged failure to curb internet subscribers' pirating activity, according to a filing Thursday.

  • August 07, 2020

    Son Of COVID-19 Victim Quietly Drops Princess Cruise Suit

    The son of a 74-year-old man who died of COVID-19 following a trip on a Princess Cruise Lines Ltd. vessel has quietly dropped his wrongful death claims in California federal court, a few weeks before a hearing set to rule on the company's motion to dismiss.

  • August 07, 2020

    Missy Elliott Launches Copyright Suit Over Early Recordings

    Grammy-winning rapper Missy Elliott has lodged a lawsuit against a producer she claims is unlawfully trying to sell recordings she created at his studio in the 1990s, asking a Florida federal court to grant declaratory judgment that she is the sole owner of the recordings' copyrights.

  • August 07, 2020

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

    The past week in London has seen a U.K. insurance technology company take aim at PwC after an acquisition went south, a major cruise line sue to curb travelers' insurance claims, and the U.K.'s criminal investigator file for civil recovery from a real estate company. Here, Law360 looks at those and other new claims in the U.K.

  • August 06, 2020

    DOJ Seeks $70M In Properties Tied To Ukraine Bank Fraud

    The U.S. government is trying to seize commercial real estate properties in Louisville, Kentucky, and Dallas valued at a combined $70 million, which it claims in suits filed Thursday were acquired using funds misappropriated from one of Ukraine's largest banks.

  • August 06, 2020

    Feds Charge 9 With $24M Virus Relief Loans Fraud Scheme

    Federal prosecutors on Thursday announced charges against nine Florida and Ohio individuals for allegedly trying to scam the Paycheck Protection Program out of more than $24 million in loans, one of the biggest fraud cases yet involving the coronavirus relief program for small businesses.

  • August 06, 2020

    Royal Caribbean Sued By Parents Of Infant Amputee

    Royal Caribbean Cruises Ltd. is facing a lawsuit in Florida state court from parents who say their baby lost her feet and some fingers due to the negligence of a cruise ship's staff, claiming the medical personnel dismissed her symptoms and should have recognized she was suffering from meningitis.

  • August 06, 2020

    Fla. Judge Pans Del Monte Bid To Collect On $29M Award

    A Miami-based magistrate judge said Thursday that Del Monte is asking a Florida federal court to exceed its authority by seeking an order allowing it to seize rent payments a fruit grower received in Costa Rica to satisfy an unpaid $29 million arbitration award.

  • August 06, 2020

    Coronavirus Litigation: The Week In Review

    Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic. 

  • August 06, 2020

    Groups Want Ship Speed Limits Expanded To Protect Whales

    Conservation groups filed a petition on Thursday asking the National Oceanic and Atmospheric Administration to expand speed limits for ships along the Atlantic Coast to protect the endangered North Atlantic right whales, asking for the areas and times where the 10-knot limit exists to be broadened.

  • August 06, 2020

    MDL Denied For Suits Against Banks Over PPP Agent Fees

    The Judicial Panel on Multidistrict Litigation said it will not consolidate class actions accusing more than 100 banks of withholding processing fees to agents that helped small businesses apply for federal coronavirus relief loans, ruling centralization would not help resolve the claims.

  • August 05, 2020

    Alleged Counterfeiter Seeks To Nix J&J Atty's Declarations

    An Illinois federal court should toss declarations entered by an attorney representing a Johnson & Johnson unit in litigation over purportedly counterfeit surgical devices, as the lawyer should not be allowed to serve both as a key witness and as counsel to a party in the same case, the company accused of selling the knockoff products has contended.

  • August 05, 2020

    GAO Says Lack Of Clarity Doomed Bid For $950M DOD Deal

    The U.S. Government Accountability Office found Wednesday that U.S. Special Operations Command reasonably left a bidder out of a $950 million support deal over unsubstantiated past performance references, saying SOCOM was not obligated to dig for relevant information.

  • August 05, 2020

    Boehringer Dodges Sanctions In Florida Pradaxa Disputes

    Judges in two Florida federal courts have turned down bids to sanction Boehringer Ingelheim Pharmaceuticals Inc. over evidence it allegedly failed to preserve in suits over the anticoagulant Pradaxa, with both judges saying the company can't be sanctioned for actions taken by its predecessor.

  • August 05, 2020

    Great-Grandma Sues Disney Over Magic Kingdom CBD Arrest

    A great-grandmother represented by George Floyd's lawyer filed suit against The Walt Disney Co. for $18 million on Wednesday, claiming she was improperly arrested and strip-searched for having a bottle of CBD oil while trying to enter Disney World's Magic Kingdom after law enforcement tested the oil and found no presence of THC.

  • August 05, 2020

    Real Estate Rumors: Sterling Bay, DR Horton, JPMorgan

    Sterling Bay has reportedly leased out 20,000 square feet in Chicago, D.R. Horton is said to be under contract to buy 21.1 acres in Florida and JPMorgan has reportedly provided $434 million in CMBS financing for a portfolio of office and industrial properties.

  • August 05, 2020

    Ex-Guatemalan Official Charged With Drug Money Bribery Plot

    Guatemala's former economics minister was charged Wednesday in federal court in Miami with participating in a $10 million money laundering conspiracy that involved proceeds from the illegal drug trade that he allegedly used to bribe corrupt politicians in the Central American country.

  • August 05, 2020

    Carnival Points To Texas Ruling To Escape Cuban Dock Suit

    Carnival Corp. has urged a Florida federal court to consider a recent Texas ruling that tossed a lawsuit against American Airlines as the cruise company seeks dismissal of a suit accusing it of trafficking in confiscated property at Cuban dock facilities nationalized by the Castro regime.

  • August 05, 2020

    Fla. Court Affirms Dismissal Of Burger King Investor Suit

    A Florida appeals court on Wednesday affirmed the dismissal of an investor suit against Burger King over the foiled sale of several franchised restaurants in Germany, finding the trial court did not abuse its discretion in sending the claims to a German court.

  • August 05, 2020

    Law Firm Leaders: Kelley Kronenberg's Michael Fichtel

    Michael J. Fichtel arrived at Kelley Kronenberg right after gaining admission to the Florida Bar in 1987. What was then a boutique firm focused on workers' compensation defense has grown in size and breadth since then, including in the last decade under his leadership as CEO.

Expert Analysis

  • When Investor Talks Render Biz Judgment Review Unavailable

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    The Delaware Chancery Court’s recent decision in HomeFed amplifies the court's focus on discussions between controller and minority stockholders as the basis to conclude that business judgment review is unavailable, and suggests a trend toward a more restrictive judicial approach, say attorneys at Fried Frank.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • Opinion

    3 Ways Fla. Should Revise Its Patient Brokering Act

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    Recent alterations to the Florida Patient Brokering Act — a law prohibiting induced patient referrals — are a step in the right direction, but further revisions should clarify Anti-Kickback Statute exceptions, allow the advice of counsel defense and incorporate the federal advisory opinion process, says Michael Manthei at Holland & Knight.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Key Tax Considerations For Cos. With Remote Employees

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    As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Va. Workplace Virus Safety Mandate Has High Compliance Bar

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    Meeting the strict exposure assessment, notification, social distancing and sanitization obligations under Virginia’s recently enacted COVID-19 workplace safety standard, which can serve as a guide for employers in other states, will require on-the-ground enforcement beyond compliance on paper, say attorneys at Morgan Lewis.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • What Split On Standing Means For Fla. Consumer Claims

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    Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

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