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Florida
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September 19, 2024
Disbarred Fla. Atty Sentenced To Jail Time For Contempt
A disbarred Florida attorney has been sentenced to time in jail followed by probation and ordered to pay a nearly $24,000 fine for indirect criminal contempt and continuing to practice law even after his license was revoked.
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September 19, 2024
11th Circ. Asked To Revisit Coverage Ruling Over Comma
Food company owner ECB USA Inc. is asking the Eleventh Circuit to reconsider a decision clearing a Chubb insurance unit from covering a $4.2 million settlement agreement over the lack of a comma in a professional services policy, arguing the ruling misapplied New Jersey law.
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September 18, 2024
PureCycle Investors Seek Final OK Of $12M Settlement
Investors in plastic recycling company PureCycle have asked a Florida federal judge to grant final approval to a $12 million deal to end a proposed class action alleging the company misled shareholders about its technology, financial projections and access to raw materials, roughly two years after the court temporarily tossed it for being imprecise.
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September 18, 2024
Stonewalling Justifies Cab Co. Atty's Deposition, Court Rules
A Florida appeals court ruled Wednesday that counsel for Yellow Cab Co. can be deposed after the company's president stonewalled a personal injury plaintiff by answering "I have no idea" to virtually every question at his deposition, saying "exceptional circumstances" warrant the second deposition.
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September 18, 2024
Fla. Judge Won't Sanction Circle K Over Late-Produced Docs
A Florida judge Wednesday declined to sanction Circle K for failing to disclose the name of the contractor that inspected the gas pump where a woman was later killed, finding that the woman's family had failed to convincingly show that the company had deliberately schemed to hide the information.
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September 18, 2024
FTX Auditor Prager Metis Settles SEC Charges For Negligence
The former auditor of Sam Bankman-Fried's defunct cryptocurrency exchange FTX agreed Tuesday to pay $1.95 million to resolve allegations by the U.S. Securities and Exchange Commission of misconduct in FTX audits and, in a separate case, violations of auditor independence rules.
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September 18, 2024
Elon Musk Says He'll Sue FAA Over 'Political' SpaceX Fines
Tech billionaire Elon Musk says he'll be suing the Federal Aviation Administration after learning that the agency plans to slap his space company with $633,000 in fines for not following licensing requirements during two launches, calling the proposed penalties "politically-motivated."
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September 18, 2024
Feds Delay Report Into Surfside Condo Collapse Until 2026
Federal investigators said a draft report into the June 24, 2021, collapse of the Champlain Towers in Surfside, Florida, that killed nearly 100 people won't be ready until 2026, instead of next year, after a series of holdups.
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September 18, 2024
Fla. Judge Keeps Tribe's CWA Permitting Power Row On Hold
A Florida federal judge on Wednesday further extended his pause of the Miccosukee Tribe of Indians' lawsuit claiming the U.S. Environmental Protection Agency improperly granted Florida authority over a Clean Water Act permitting program, while the D.C. Circuit considers an appeal in a similar case.
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September 18, 2024
Ex-Employees Can Bring ADA Benefits Suits, High Court Told
A retired Florida firefighter called on the U.S. Supreme Court to find that former employees can bring claims under the Americans with Disabilities Act pertaining to post-employment benefits, challenging an Eleventh Circuit ruling that determined only current employees can file these disability bias suits.
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September 18, 2024
Florida Powerhouse: Holland & Knight
Holland & Knight LLP is an international firm, but its roots are in Florida, where the firm's attorneys continue to handle bet-the-company litigation for clients and to work on development deals reshaping urban areas.
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September 18, 2024
Ex-Gunster Client Says Firm Can't Shake Data Breach Suit
A former client urged a Florida federal court Tuesday to reject a bid from Gunster Yoakley & Stewart PA to toss a proposed class action related to a data breach in 2022.
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September 18, 2024
GrayRobinson Gains Ex-Brown & Brown Leader In Orlando
GrayRobinson PA has added an of counsel in Orlando, Florida, who spent much of his career in executive leadership roles at insurance brokerage Brown & Brown Inc.
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September 18, 2024
Tupperware Hits Ch. 11 In Del. With Plans For Quick Sale
The iconic food storage company Tupperware Brands Corp. filed for Chapter 11 bankruptcy protection in Delaware with more than $1 billion in liabilities and plans for a quick sale, after months of concern about whether its famous direct sales model had finally hit a wall.
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September 17, 2024
Hawkers Asian Restaurant Chain Files For Ch. 11 In Fla.
Florida-based pan-Asian restaurant chain Hawkers Asian Street Food and Craft Cocktails became the latest casual dining enterprise to file for Chapter 11 protection Tuesday, as the industry continues to deal with a tricky combination of rising costs and tightening consumer pocketbooks.
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September 17, 2024
Chancery Sides With Truth Social Backer In SPAC Deal Payout
A Delaware Chancery judge sided Tuesday with the investment sponsor of the entity that took former President Donald Trump's Truth Social media company public, on claims it was shortchanged in the deal, ordering a larger share of the stock be handed over from the transaction.
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September 17, 2024
Police Pension Fund Says Store Chain Inflated Stock Price
Discount retailer Five Below is facing securities class claims in Pennsylvania federal court from a Florida police officers' pension fund, which says the company falsely attributed poor financial performance to inventory shrinkage while concealing deeper operational issues, causing substantial investor losses.
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September 17, 2024
Fla. Lawmakers Claim Deposition Immunity In Voter Map Case
Several Florida lawmakers told an appellate panel Tuesday they shouldn't be compelled to testify about their legislative activities in a lawsuit brought by Black voters over a redistricted congressional map, arguing that the state constitution protects them from depositions in civil litigation.
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September 17, 2024
Pryor Cashman Taps NY Litigator As Next Managing Partner
A New York-based litigator will be the new managing partner of Pryor Cashman LLP starting next year, capping off a nearly 30-year journey at the firm that he began as an associate.
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September 17, 2024
Fla. Should Get CWA Permitting Back, State Tells DC Circ.
Florida should be allowed to keep administering its own Clean Water Act permitting program for dredging, the Sunshine State told the D.C. Circuit in an opening brief that noted the state had successfully run the program for three years, and that taking away its ability to do so calls into question a congressional promise.
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September 17, 2024
Fla. Panel Told Boies Schiller Film Co. Had Proper Fraud Claim
A financier for the Natalie Portman movie "Jane Got A Gun" told a Florida state appellate panel Tuesday that a lower court wrongly denied a fraud claim against a co-funder, saying the law was misapplied in determining that misrepresentations couldn't be relied upon for loaning money to complete filming.
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September 17, 2024
Marshall Dennehey Adds Boyd & Jenerette Workers Comp Pro
Marshall Dennehey is growing its workers compensation practice in Florida with the addition of a former Boyd & Jenerette PA partner.
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September 17, 2024
Chrisley Sentence Should Stick Despite 11th Circ., Feds Argue
Julie Chrisley's prison sentence shouldn't change even as a Georgia federal judge considers the former reality TV star's smaller role in a $36 million tax evasion and fraud scheme, prosecutors told the court Monday, noting that her time has already been shortened for other considerations.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Florida Powerhouse: Podhurst Orseck
Recent wins by tight-knit Miami trial and appellate boutique Podhurst Orseck PA show why firm leaders tout a reputation for "punching above our weight class," often helping plaintiffs prevail against businesses that probably hire more lawyers than the firm itself.
Expert Analysis
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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What Rescheduling Could Mean For Cannabis Bankruptcies
Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.
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A Defense Strategy For Addressing Copyright Fee-Shifting
Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.