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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Court Urged To Find OnlyFans Promoted Alleged Rape Video
A Florida woman whose alleged rape video was posted to OnlyFans asked a federal court on Friday to reject a report recommending dismissal of her lawsuit because the company can't be held liable under the Communications Decency Act, saying she never approved the video's upload.
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November 15, 2024
Giuliani Gets New Atty As Poll Workers Seek To Collect $148M
Two days after Rudy Giuliani's lawyers asked a federal judge to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, the embattled former mayor of New York found himself new representation.
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November 15, 2024
Venezuelan Lawyer Relied On Ex-Dentons Atty In $54M Swap
A Venezuelan lawyer suing Dentons over a failed $54 million bolivar-to-dollars currency swap admitted Friday on the stand that he did not do any due diligence for the transaction but instead relied on what he called misinformation from an ex-Dentons attorney that she relayed to his representative.
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November 15, 2024
Fla. Health Co. Owner Pleads Guilty In $11M Payroll Tax Case
A Florida healthcare business owner who caused a tax loss to the IRS of nearly $11 million pled guilty in a Miami federal court to failing to pay employment taxes and not filing his income tax returns, the U.S. Department of Justice said Friday.
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November 15, 2024
Plaintiffs Ask To Seal $8.5M Data Breach Deal With Gunster
Plaintiffs in a proposed data breach class action asked a Florida federal court Thursday to let them file under seal an $8.5 million settlement agreement to resolve accusations that Florida corporate law firm Gunster failed to safeguard the personal information of nearly 10,000 clients, employees and other individuals from cybercriminals.
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November 15, 2024
Pharma Biz To Pay $47M To Settle Feds' Kickback Claims
A Florida pharmaceutical company and its chief executive have agreed to pay $47 million to settle claims that their practice of paying for certain patient tests crossed the line into being an illegal kickback to increase prescriptions of an enzyme replacement therapy, Boston federal prosecutors said on Friday.
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November 15, 2024
Florida Bar Says Novel Ethics Case Doesn't Require Leniency
Lack of precedent is not reason enough to allow a Florida lawyer to reduce his one-year suspension for a "punitive" fee hike, the Florida Bar told the state's high court, arguing that the court's initial reasoning for the discipline was sound and that the lawyer's motion for a rehearing misrepresented some of the facts.
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November 14, 2024
Florida AG Says FEMA Failed Trump Supporters After Storms
The Florida Attorney General's Office announced Thursday it has launched a federal lawsuit against the Federal Emergency Management Agency's administrator and a fired agency official over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of President-elect Donald Trump.
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November 14, 2024
'Undead' NFT Maker Cites Discord Messages In New Trial Bid
The developer of the "Undead" series of non-fungible tokens who was convicted of conspiracy to commit money laundering and wire fraud urged a Florida federal court to grant him a new trial, saying that messages from the Discord social media messaging platform undermine allegations that he intended to scam investors.
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November 14, 2024
MDL Counsel Present Deal With FTX Estate To Fla. Court
Counsel for plaintiffs in the multidistrict litigation over the collapse of cryptocurrency trading platform FTX Trading Ltd. told a Florida federal judge Thursday that they have reached a deal with the FTX estate in bankruptcy.
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November 14, 2024
Emergency Medical Providers Oppose $2.8B BCBS Deal
A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.
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November 14, 2024
Red State AGs Sue SEC Over Crypto Policy
A coalition of 18 Republican attorneys general led by Kentucky sued the U.S. Securities and Exchange Commission on Thursday for allegedly treading on the states' authority through a "regulatory landgrab" into the cryptocurrency industry.
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November 14, 2024
AutoNation Affiliate Worker's Harassment Suit Heads To Trial
A Florida federal judge on Wednesday trimmed a lawsuit by a former employee of an AutoNation affiliate who says he was sexually harassed on the job by a co-worker, but agreed to send negligence and hostile work environment claims to a jury in January.
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November 14, 2024
Fla. High Court Upholds Utility Board's OK Of Rate Hikes
Florida's Supreme Court on Thursday affirmed a state commission's approval of proposed electricity rate hikes intended for power grid upgrades, saying the increases are in the public interest and that portions of an expert's testimony were correctly excluded during a proceeding because they constituted opinions on legal issues.
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November 14, 2024
47 AGs Support FCC's Robocall Database Reforms
A bipartisan coalition of 47 attorneys general encouraged the Federal Communications Commission to implement new rules aimed at improving the effectiveness of the Robocall Mitigation Database, or RMD, writing in a comment letter that the database is "currently one of the most important sources of information available for anti-robocall enforcement actions."
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November 14, 2024
Gaetz's Slim Legal Resume Raises Concerns Over AG Role
Having never served as a prosecutor and with minimal experience practicing law, Matt Gaetz would have the thinnest legal resume of any attorney general in recent history and would face a steep learning curve, including daunting leadership challenges, if he were to take up the reins of the U.S. Department of Justice, experts say.
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November 14, 2024
Giuliani Attys Signal Impasse In Bid To Exit Collection Cases
Attorneys representing disgraced ex-lawyer Rudy Giuliani asked a New York federal court to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, indicating they are at odds with the onetime New York City mayor.
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November 13, 2024
Telecom Co. Lumen's Contract Breach Suit Survives, For Now
A Colorado federal judge on Tuesday ruled that an engineering consulting firm is liable to telecommunications company Lumen Technologies for damages caused by a subcontractor's faulty structural analysis, but said she couldn't yet rule on whether Florida law and a two-year statute of limitation barred Lumen's claims against the firm.
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November 13, 2024
Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling
Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.
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November 13, 2024
Damages Limited In AGs' Generic Drug Price-Fixing Case
A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.
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November 13, 2024
'Gist' Of Trump Media Story Was True, News Outlets Say
Several news outlets sued by Donald Trump's social media website in a $1.5 billion defamation lawsuit over stories that the company lost $73 million told a Florida state court that it should toss the complaint, arguing Wednesday that the "gist" of the reporting was still true even if the actual loss wasn't correct.
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November 13, 2024
Italian Plane Maker Can't Dodge Fla. Wrongful Death Suit
A Florida appeals court on Wednesday said an Italian aircraft manufacturer cannot escape a wrongful death suit over a plane crash in the Florida Keys, finding that the company had sufficient minimum contacts in the state to haul it into court there.
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November 13, 2024
Trump Picks Former Democrat Gabbard For Intelligence Chief
President-elect Donald Trump said Wednesday that he had chosen former Rep. Tulsi Gabbard as his nominee for director of national intelligence, also confirming he had chosen Sen. Marco Rubio, R-Fla., as his secretary of state.
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November 13, 2024
Trump's Choice Of Matt Gaetz For AG Hints At Cannabis Policy
President-elect Donald Trump's announcement Wednesday that he would nominate Rep. Matt Gaetz, R-Fla., one of the relatively few Republican proponents of cannabis legalization, to be the next U.S. attorney general marks an early sign of how his administration will consider marijuana policy.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.