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Florida
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August 02, 2024
Fla. Atty Cops To Attempted DC Bombing, Explosion In Texas
A Florida criminal defense attorney pled guilty on Friday to federal charges stemming from an attempted bombing outside the Chinese Embassy in Washington, D.C., in 2023 and the bombing of a satirical sculpture of communist leaders in San Antonio, Texas, in 2022.
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August 02, 2024
US Cheerleading Org. Faces Fees Bid After Losing TM Suit
Bush Ross PA and the Underwood Law Firm PC are seeking more than $800,000 in attorney fees after a Florida federal judge handed their clients a summary judgment win in a trademark infringement lawsuit brought by the U.S. All Star Federation against its rivals, saying they deserve to be reimbursed for costs related to the case because it was "exceptional."
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August 02, 2024
Ex-CFO Of Embattled PE Firm Sues In Del. For Legal Fees
The former chief financial officer of 777 Partners LLC has sued the private equity firm in Delaware's Court of Chancery, seeking advancement of his legal fees in connection with a fraud investigation and at least 20 civil lawsuits related to the company's business.
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August 02, 2024
11th Circ. Reopens Emory Suit Over Sex Assault Hearing
Emory University must face a male student's suit claiming he was mistreated during a hearing about sexual assault accusations against him, the Eleventh Circuit ruled, saying he'd provided enough details to suggest the school's sexual misconduct policy created an implied contract between them.
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August 01, 2024
11th Circ. Affirms Zurich Needn't Pay Judgment Against Agent
In a pair of opinions issued Thursday, the Eleventh Circuit revived a copyright claim by Compulife but rejected the software company's bid to force Zurich American Insurance Co. to pay for a judgment against an insurance agent who allegedly helped three others misappropriate the company's trade secrets.
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August 01, 2024
Feds Want Full Sentence Kept In Fla. Illegal Employment Case
The U.S. urged a Florida federal court on Thursday to uphold the three-year prison sentence of a labor staffing company operator convicted in a conspiracy to hire migrants not authorized to work in the U.S., saying he's ineligible for a reduction because of his admitted role in the scheme.
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August 01, 2024
11th Circ. Denies Coverage, Despite Insurer's Missing Comma
In a unanimous published opinion bound to frustrate grammarians, an Eleventh Circuit panel affirmed Thursday that though an insurer's policy might be missing a comma, the lack of punctuation didn't change its clear and unambiguous meaning, thus preventing payment to a food company.
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August 01, 2024
Crypto-Forex Co. Defaults In Fla. Civil Fraud Lawsuits
A purported foreign exchange currency broker based in Hong Kong defaulted Thursday in three Florida state court lawsuits alleging multimillion-dollar frauds due to lack of counsel, although a Miami judge allowed the former CEO to respond to the complaints against him as a self-represented party.
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August 01, 2024
TD Bank's $25M Client Poach Case Hits FINRA Snags
Ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial Services Inc. agreed to move a dispute over a restraining order into arbitration to shield themselves from negative press, the bank told a federal judge Thursday after the defendants complained about delays to the proceeding.
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August 01, 2024
Judge Denies Bid For Financial Info Of Miami Official's Wife
A Florida federal judge rejected a bid by two property developers seeking financial records of a Miami commissioner's wife in a garnishment hearing, saying Wednesday their claim isn't supported, although withholding them could work against the official claiming his salary can't be used to pay a $63.5 million judgment.
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August 01, 2024
Fla. Justices Sanction Paralegal For Immigration Practice
The Florida Supreme Court on Thursday told a paralegal and the immigration legal services businesses she has operated that she must reimburse clients who were misled into believing they were working with licensed attorneys.
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August 01, 2024
Senate Passes Bill To 'Systematically' Increase Judgeships
The Senate passed a bipartisan bill Thursday by voice vote to create 66 new and temporary judgeships to help federal courts handle increasing workloads.
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August 01, 2024
Schumer And Senate Dem Bill Would Reverse Trump Immunity
Senate Majority Leader Chuck Schumer, D-N.Y., and more than 30 of his Democratic colleagues introduced a bill on Thursday to undo the U.S. Supreme Court's ruling that former President Donald Trump has immunity for official acts.
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August 01, 2024
Biotech Co. Biedermann Motech Hits Ch. 11 With $34M Debt
Biedermann Motech, a maker of implants for spinal and extremity surgery, filed for Chapter 11 protection in Delaware bankruptcy court with $34 million in debt.
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July 31, 2024
11th Circ. Affirms Trim Of Ex-Ala. Judge's Defamation Suit
The Eleventh Circuit held Wednesday that an Alabama federal court was correct to toss some of the claims in a defamation suit from Roy Moore, the embattled former Alabama Supreme Court leader, ruling that the court lacked jurisdiction over some claims and others were conclusory.
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July 31, 2024
Fla. Jury Awards $8.3M In Spat Over Sale Of Pro Player Brand
A Florida jury has awarded Perry Ellis $8.3 million after finding that United Legwear Co. purposely depressed the value of Perry Ellis' Pro Player brand under a licensing agreement to avoid paying fair market value when it purchased the brand later.
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July 31, 2024
11th Circ. Revives Suit Over Ga. City's Ouster Of White Manager
A white ex-city manager of a small Georgia city who was fired after a new administration allegedly vowed to replace him with a Black person will get another shot at pressing his racial discrimination claims as the Eleventh Circuit gave the case new life Wednesday.
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July 31, 2024
Trade Secrets Cases To Watch In 2024: A Midyear Report
A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.
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July 31, 2024
GAO Says Navy Tactical Radio Contract Protest Is Untimely
The U.S. Government Accountability Office rejected a Las Vegas-based contractor's challenge to U.S. Navy deals awarded to L3Harris Technologies Inc. and Data Link Solutions, finding that the protest was four months too late.
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July 31, 2024
Fla. Electric Co. Ex-CEO Gets 4 Years For Privatization Plot
A Jacksonville, Florida, federal judge sentenced a former CEO of the city's electric company to four years in prison after a jury convicted him of fraud conspiracy charges in a multimillion-dollar embezzlement scheme connected to a process to privatize the public utility, prosecutors said Wednesday.
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July 31, 2024
$7.25M Del. Settlement Offered In $1.35B UpHealth SPAC Suit
Parties to a Delaware Court of Chancery stockholder suit that challenged a $1.35 billion take-public "blank-check" company merger with Florida-based digital health manager UpHealth Inc. have reached a $7.25 million settlement of all claims, pending court approval, according to an agreement filed Tuesday.
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July 31, 2024
Ex-Byju's Exec Faces $10K Daily Contempt Fine
A Delaware bankruptcy judge on Wednesday ordered a former executive of the troubled U.S.-based affiliate of Indian educational technology giant Byju's to pay $10,000 a day in contempt sanctions for failing to provide court-ordered discovery, while his attorneys asked for the court's permission to exit the case.
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July 31, 2024
Doc 'Muddle' Stalls Trump Media SPAC Figure's Ouster Suit
Pointing to multiple, conflicting operating agreement versions, a Delaware vice chancellor said she was unable to rule Wednesday on a suit to uphold dismissal of the managing member of a blank check company sponsor for the deal that took former President Donald Trump's social media company public.
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July 31, 2024
$7.5M Verdict Over Burger King Fall Axed And Retrial Ordered
A Florida appeals court on Wednesday wiped out a $7.5 million verdict in favor of a man who slipped and fell in a Burger King bathroom, saying a new trial is warranted to correct the trial court's mistake of letting his expert change his opinion midtrial.
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July 31, 2024
Philip Morris Nicotine Pouches Are Deceptive, Lawsuit Claims
Philip Morris violated advertising and trade practices laws by selling "highly addictive" nicotine products designed and packaged to resemble breath mints and deceptively telegraphed that the tobacco-free pouches were healthier than cigarettes, according to a proposed class action in Connecticut federal court.
Expert Analysis
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Devil's In The Details On FDCPA, Article III Standing
The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.
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11th Circ. Ruling May Foreshadow Ch. 15 Clashes
The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.
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What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Bankruptcy Courts Have Contempt Power, Del. Case Reminds
A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.