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Florida
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September 23, 2024
Calif. Schools To Limit Or Ban Cellphones Under New Law
California Gov. Gavin Newsom on Monday signed into law a bill requiring Golden State school districts to limit or ban students from using smartphones during school hours in a bid to address mental health issues among the state's youth.
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September 23, 2024
Judge Grants Ex-Admiral, Contractors Separate Bribery Trials
The Washington, D.C., federal court agreed on Monday to sever a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward.
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September 23, 2024
Smartmatic Can't Seek Punitive Damages In Newsmax Suit
A Delaware Superior Court judge on Monday ruled that Smartmatic USA Corp. can't seek punitive damages in the defamation trial over unsubstantiated claims from Newsmax Media Inc. that the company's voting systems rigged the 2020 election, saying Smartmatic couldn't meet its burden to prove express malice.
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September 23, 2024
'Ghost Candidate' Testifies In Trial Against Ex-Fla. Sen.
Attorneys for former Florida Senator Frank Artiles tried to poke holes Monday in witness Alex Rodriguez's credibility, painting him as a liar who was trying to scam Artiles instead of an unwitting participant in Artiles' scheme to prop him up as a "ghost candidate" to swing a state senate election to a Republican candidate.
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September 23, 2024
Court Sinks Antitrust Claims Against Suns Owner
A Florida federal court adopted the recommendations of a magistrate judge and tossed a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage, over an alleged boycott.
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September 23, 2024
Wash. Agency No Longer Seeking Names In 3M Earplug Case
The Washington state agency that handles child support claims seems no longer interested in seeking information on service members who are expected to receive payments from the 6 billion settlement from 3M Co. over injuries stemming from its Combat Arms Earplugs.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
US Can't Pin Clean Water Act Violation On Fla. Farmer
A Florida federal judge recommended that a court rule in favor of a landowner sued by the government for allegedly violating the Clean Water Act after polluting wetlands to build a farm, saying a man-made ditch bordering the property isn't technically connected to navigable waters of the United States.
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September 23, 2024
Lack Of Evidence Dooms H-2B Administrative Assistant Bid
A U.S. Department of Labor appeals board ruled that a Florida-based company's application for five administrative assistants through the H-2B temporary visa program was rightly denied for its failure to provide supporting evidence to substantiate its request.
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September 23, 2024
Raymond James Pushes Ex-VP's Sex Bias Suit Into Arbitration
A Florida federal judge kicked a fired Raymond James and Associates executive's sex bias suit to arbitration Monday, concluding that a federal law prohibiting mandatory arbitration of sex misconduct claims didn't apply because her harassment allegations lacked "plausibility."
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
AGs Push To Can Google Privacy Deal With No Class Payout
Nearly two dozen Republican state attorneys general are urging the Ninth Circuit to scrap a data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, arguing that consumers aren't adequately benefiting from the settlement.
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September 20, 2024
Fla. Judge Trims Health Co. Data Breach MDL
The Florida federal judge overseeing the multidistrict litigation of a health benefits administration company impacted by a data breach dismissed several state consumer law claims but said those who brought lawsuits can sue, saying they've plausibly alleged injuries after their personal information was allegedly stolen by a cybercriminal group.
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September 20, 2024
Enviro Group Threatens Suit To Protect Newt In Fla., Ga.
The Center for Biological Diversity has notified the U.S. Fish and Wildlife Service it plans to sue over the denial of Endangered Species Act protections to a newt species that lives in threatened pine forests and wetlands in southeastern Georgia and north-central Florida.
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September 20, 2024
Judge Won't Toss Fraud Suit Against Crypto-Forex Co. Execs
A Florida judge decided that the CEO and a founding shareholder of purported foreign exchange currency broker FxWinning Ltd. have sufficient ties to Florida to keep them among the defendants of a suit alleging the business and its operators perpetrated a multimillion-dollar fraud.
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September 20, 2024
SpaceX, Musk Attack FAA Following Proposed Fines
SpaceX is lashing out at the Federal Aviation Administration's "inability to keep pace with the commercial spaceflight industry" days after the agency said it planned to slap the company with $633,000 in fines, prompting founder and majority owner Elon Musk to threaten a lawsuit.
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September 20, 2024
NFT Buyers Bring Securities Suit Against Crypto Co. OpenSea
Two Florida users of OpenSea hit the nonfungible token marketplace with a proposed securities class action claiming the assets the users bought on the platform are unregistered investment contracts in light of recent court decisions and regulatory scrutiny from the U.S. Securities and Exchange Commission.
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September 20, 2024
Insurer Settles Conn. Suit Over Theft From Theater Group
Philadelphia Indemnity Insurance Co. has settled a dispute with a Florida couple who the insurer says bilked its policyholder, a theater education group, out of nearly $588,000 for their own personal use.
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September 20, 2024
Morgan Law, Morgan & Morgan Ad Spat Breaks Open Again
National personal injury firm Morgan & Morgan PA is back in court with a rival Florida-based firm with a similar name, alleging that Morgan Law Group PA is once again poaching its search engine keywords in violation of a 2020 settlement between the two firms.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 20, 2024
Florida Powerhouse: Bilzin Sumberg
Miami's Bilzin Sumberg Baena Price & Axelrod LLP has had a significant impact on Florida's infrastructure over the past year, representing the leaders of housing, transportation, education and infrastructure projects that total more than $10 billion in value.
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September 20, 2024
Steel Biz Investors Sue Atty Over 'Father-Son'-Like Conflict
A Pennsylvania couple have filed a malpractice suit accusing a lawyer of helping a steel distribution company induce them into investing about $800,000 and defrauding them, saying the attorney didn't disclose his relationship with the company's owners and "father-son"-like bond with one of them.
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September 19, 2024
Fla. Tourism Co. Agrees To Settle PPP Qui Tam For $2.3M
A Sunshine State tourism company has agreed to pay nearly $2.3 million to resolve qui tam lawsuit allegations that it improperly received loan forgiveness under the Paycheck Protection Program after falsely certifying it didn't have to register as a foreign agent, according to a U.S. Attorney's Office representative in Florida.
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September 19, 2024
Ex-GrayRobinson Leader Departs Firm To Form Boutique
Former GrayRobinson PA President Mayanne Downs announced Thursday she is leaving the Florida firm to form a litigation boutique with fellow shareholder Jeffrey Aaron and eight other GrayRobinson litigators in Orlando and Tallahassee.
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September 19, 2024
Newsmax Appeals Quash Of Smartmatic Atty Subpoenas
Newsmax Media Inc. is appealing a Florida judge's decision to quash its attempt to subpoena a slew of criminal defense attorneys — representing Smartmatic USA Corp. executives in a criminal case over a Philippines elections contract — in Smartmatic's defamation suit over Newsmax reports tying the voting tech company to alleged conspiracies to steal the 2020 U.S. presidential election.
Expert Analysis
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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Series
Fla. Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments that could have a notable impact on Florida's finance community include progress on a bill that would substantially revise the state Securities and Investor Protection Act, and the Consumer Financial Protection Bureau's final rule capping late fees for larger credit card issuers, say Benjamin Weinberg and Megan Riley at Leon Cosgrove.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.