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September 16, 2024
Icahn Enterprises Beats Investor Suit Over Dividend Program
Icahn Enterprises has beaten a proposed investor class action accusing it of propping up its stock price with unsustainably high dividends in order to support founder Carl Icahn's loans and financial interests, with a Florida federal judge saying the plaintiffs hadn't shown any misstatements the company made about the "true motivation" for its dividend program.
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September 16, 2024
Four Fla. Residents Charged In Insider Trading Scheme
A Miami-based financial consultant, his father and two friends were criminally charged with securities fraud violations in connection to an insider trading scheme after they used non-public information about a proposed merger to buy stocks, then sold them at a profit when the deal went through, according to federal prosecutors.
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September 16, 2024
Red Lobster Exits Bankruptcy Protection
Casual dining seafood chain Red Lobster exited from Chapter 11 on Monday under private equity ownership and with a new CEO, five months after filing for bankruptcy to pursue a sale.
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September 16, 2024
T-Mobile Doesn't Pay Technicians Proper OT, Suit Says
T-Mobile USA Inc. underpays on-call technicians with a subpar flat rate for overtime work, according to a putative collective action filed in Washington federal court.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
FDA Warns Vape Retailers About Approval Inadequacies
The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.
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September 16, 2024
Federal Judges Beat Ethics Complaint Over Clerk Boycotts
Two federal judges did not commit misconduct by joining in a letter with other jurists stating they would not hire students who attend Columbia University or its law school as clerks due to the university's handling of student protests over the Israeli-Palestinian conflict, the Eleventh Circuit Judicial Council has found.
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September 16, 2024
Morgan & Morgan Can't Arbitrate Ethics Claims, Court Told
A former client of Morgan & Morgan PA's Jacksonville, Florida, office has told a Georgia federal court to reject its bid to keep his malpractice claims out of court because, he says, the allegations fall within an "ethical grievance" exception in the parties' arbitration agreement.
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September 16, 2024
Feds Misapplied L-Visa Criteria In Denial, Colombian Biz Says
A Colombian business has sued U.S. Citizenship and Immigration Services after being denied an application to transfer an executive to oversee its American subsidiary, telling a D.C. federal court that the agency misapplied the criteria for approving L-1A visas.
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September 16, 2024
Aviation Workers Say Volato Fired Workforce Without Notice
Former employees of aviation company Volato Inc. filed a proposed class action in Florida federal court alleging that 233 employees, nearly all the workers at a St. Augustine facility, were laid off without required advanced notice.
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September 16, 2024
Fla. Jurist Who Helped Courts Navigate COVID Joins Boutique
A well-known former Florida judge and civil justice innovator who, among other accomplishments, helped courts stay in business during the pandemic is taking her expertise to litigation boutique Bass Law.
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September 16, 2024
Florida Powerhouse: Smith Hulsey
This year, Smith Hulsey & Busey closed $587 million in deals, helped uncover the biggest fraud case in local history and played a crucial role in the combination of two major healthcare facilities, firm leaders say.
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September 16, 2024
Ex-Atty In Fla. Charged With Pilfering $650K From Estate
A Florida attorney who was disbarred this year now faces criminal charges alleging that he embezzled nearly $650,000 from a former client's estate.
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September 16, 2024
CACI Buys DOD Engineering Services Supplier In $1.3B Deal
Federal IT services provider CACI International, guided by Gibson Dunn, will pay $1.275 billion for Holland & Knight-led Azure Summit Technology, the companies said Monday, adding to CACI's portfolio an engineering business that develops high-performance radio frequency technology for the U.S. Department of Defense.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Real Estate Recap: Foreclosure Legal Fees, Climate Resilience
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.
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September 13, 2024
Panama's Ex-Prez Fights Alleged Wrongful Extradition
Panama's ex-president told the Eleventh Circuit Friday that a lower court wrongly dismissed his lawsuit challenging the extradition to his home country, saying he has standing because the U.S. government violated an international treaty by sending him back to face criminal charges beyond the scope of the original request.
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September 13, 2024
Truth Social Founders Take Trump Fight To Fed Court
A co-founder of Donald Trump's Truth Social website has brought the fight over taking the company public to Florida federal court after several adverse events in state court actions, including the company filing an amended complaint to incorporate securities fraud that the U.S. government alleges.
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September 13, 2024
Walgreens To Pay $107M To End 3 False Billing Claims Suits
Walgreens has agreed to pay $106.8 million to settle claims across three lawsuits that it violated the False Claims Act and state laws for billing government health programs for prescriptions it never dispensed, the U.S. Department of Justice announced Friday.
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September 13, 2024
Judge Orders Mobile IV Co. To Stop Eli Lilly Infringment
A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Monster Tears Into Supplements Co. For Using 'Beast' Marks
Monster Energy Co. has launched a suit in California federal court that accuses a Miami-based company of marketing and selling supplements that infringe Monster's "Beast"-related trademarks.
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September 13, 2024
Ex-Fla. Law Prof's Retaliation Suit Moved North To Tallahassee
A central Florida federal judge has transferred a retaliation and breach of contract case brought by a former law professor at Florida A&M University College of Law to another Florida federal district court, finding that the dispute's ties to the Tallahassee area overcame arguments for keeping the case in Orlando.
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September 13, 2024
SBSB Adds Liability Litigator From Kelley Kronenberg In Fla.
A former Kelley Kronenberg litigator with a focus on third-party insurance defense is heading to the Boca Raton, Florida, office of SBSB Eastham.
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September 12, 2024
McKinsey Partner Can't Undo $11M Music Piracy Judgment
An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.
Expert Analysis
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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The Uncertain Scope Of The First Financial Fair Access Laws
With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.