Florida

  • November 01, 2024

    COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms

    A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.

  • November 01, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.

  • November 01, 2024

    Real Estate Recap: Election Expectations, EB-5, $50B

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including perspectives from real estate leaders ahead of Tuesday's election, takeaways from the Advanced EB-5 Industry Conference in Miami, and two private equity firms' $50 billion bet on data center and energy generation projects.

  • November 01, 2024

    DC Circ. Urged To Uphold Veto Of Fla. Dredge Program

    A coalition of environmental groups urged the D.C. Circuit on Friday to uphold a lower court ruling depriving Florida of its authority to issue wetland dredge and fill permits under the Clean Water Act, saying regulators must follow the rigorous laws protecting endangered species.

  • November 01, 2024

    CFPB Fines VyStar $1.5M For 'Botched' Web Platform Rollout

    The Consumer Financial Protection Bureau has fined VyStar Credit Union $1.5 million for an alleged "botched" rollout of a new online banking platform that made it hard for members to perform basic banking functions for weeks, with some features unavailable for more than six months.

  • November 01, 2024

    4 Appellate Arguments Benefits Attys Should Watch In Nov.

    The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.

  • November 01, 2024

    Meet The Florida Justices Up For Retention Votes

    Justices Renatha Francis and Meredith Sasso — the newest members of the Florida Supreme Court — will be on Tuesday's ballot in retention elections, giving Sunshine State voters a chance to decide whether to keep them on the bench for full six-year terms.

  • November 01, 2024

    Buca Di Beppo Gets OK On $27M Sale To Main Street Capital

    A Texas bankruptcy judge on Friday approved Buca di Beppo's sale to lender Main Street Capital Corp. after overruling an objection by the Italian restaurant chain's creditors, allowing the company to continue operating and preserve about 3,000 jobs.

  • November 01, 2024

    Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal

    In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.

  • November 01, 2024

    4 States To Vote On Expanding Cannabis Or Psychedelics

    On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.

  • October 31, 2024

    GOP Groups Urge 11th Circ. To Restore Ga. Election Law

    National and Georgia state Republican political committees have pressed the Eleventh Circuit to overturn a lower court's order that paused controversial portions of a Peach State election bill, arguing the law is legal and needed to ensure secure elections.

  • October 31, 2024

    Fla. Jury Finds 'Undead' NFT Developer Scammed Investors

    A Florida federal jury on Wednesday found a nonfungible token developer guilty of conspiracy to commit wire fraud and money laundering for his role in a cryptocurrency scam prosecutors have said bilked investors out of hundreds of thousands of dollars. 

  • October 31, 2024

    Drug Cos. To Pay $49M For State-Led Generic Pricing Claims

    A contingent of state-level enforcers reached settlements totaling $49.1 million on Thursday with Heritage Pharmaceuticals Inc. and Apotex Corp. for their alleged part in a wide-ranging conspiracy to inflate the price of generic drugs.

  • October 31, 2024

    Megan Thee Stallion Sues Over Trial Lies, Deepfake Porn

    Hip-hop artist Megan Thee Stallion sued a social media personality in Florida federal court for allegedly acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her.

  • October 31, 2024

    Everglades Scientist's Contempt Upheld Over Data Theft

    A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.

  • October 31, 2024

    Judge Trims Retaliation Suit Against Miami After Settlement

    A Florida federal judge on Thursday trimmed a suit brought by two businessmen accusing top-level Miami officials of weaponizing city resources against them after the city agreed to settle related claims in a similar lawsuit.

  • October 31, 2024

    Mexican Shipping Co. Fined For Concealing Discharges

    Mexican company Gremex Shipping SA de CV pled guilty in a Florida federal court and was sentenced to pay a $1.75 million fine for falsifying records to conceal unlawful discharges of oily bilge waste, federal prosecutors said Wednesday.

  • October 31, 2024

    Judge Upholds Sanctions Against Ex-Stimwave CEO

    A Delaware federal judge has upheld a decision by the bankruptcy judge overseeing the Chapter 11 case of medical device maker Stimwave Technologies to screen the filings of the company's ex-CEO and two of her relatives.

  • October 31, 2024

    Justices Set Arguments In Firefighter's ADA Suit Over Benefits

    The U.S. Supreme Court said Thursday it set a January date to hear oral arguments in a case that could end up expanding the reach of the Americans with Disabilities Act.

  • October 31, 2024

    6th Circ. Judge Frets Tech Updates May Stymie Class Actions

    Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class action or if different software versions divide the class irreconcilably, prompting one judge to wonder about the case's implications for an age of ubiquitous software updates.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    11th Circ. Nixes ERISA Claim To John Hancock's $100M Credit

    John Hancock Life Insurance Co. had no fiduciary duty to pass on to retirement plans $100 million in foreign tax credits that it had taken from taxes paid on foreign investments, a three-judge panel of the Eleventh Circuit said in upholding a lower court ruling.

  • October 30, 2024

    Class Asks Court To Revive Claims Against Florida Blue

    A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.

  • October 30, 2024

    FinCEN Extends BOI Report Deadline For Hurricane Victims

    The U.S. Department of the Treasury's Financial Crimes Enforcement Network has extended deadlines for submitting beneficial ownership information for victims of recent hurricanes, offering an additional six months to file or update reports, or to correct prior reports.

Expert Analysis

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    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.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    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.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    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.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    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.

  • What To Know About New Employment Laws In Fla.

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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.

  • Series

    Home Canning Makes Me A Better Lawyer

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    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.

  • An Update On Legal Issues In The Drone Market

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    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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