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Florida
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May 16, 2024
FCC To Pull Phone Co.'s Authorization To Operate In US
The Federal Communications Commission said Thursday it plans to revoke a telecom company's authorization to operate in the U.S. after the business failed to comply with an agreement with federal agencies stemming from a security review.
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May 16, 2024
Ex-Ga. Coach Says Earlier Race Suit Doesn't Bar Title VII Suit
A former Georgia high school football coach, who alleged his contract was terminated because of his race, urged the Eleventh Circuit to revive his suit against the Valdosta City School District on Thursday, arguing the dismissal of an earlier suit against school board members does not bar this suit.
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May 16, 2024
11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit
An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."
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May 16, 2024
'Miami Mentor' Joins Goldberg Segalla As Partner
Goldberg Segalla LLP is expanding its Miami team, bringing in a Clarke Silverglate PA commercial litigation defense attorney known as the "Miami Mentor" as a partner.
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May 16, 2024
Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit
A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.
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May 16, 2024
$5.5M Apotex Generic Drug Price-Fixing Deal Gets Initial OK
A Pennsylvania federal judge gave preliminary approval to yet another settlement in the sweeping generic drug price-fixing multidistrict litigation, this time signing off on pharmaceutical company Apotex's $5.5 million settlement with clinics, hospitals and independent pharmacies.
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May 16, 2024
Fla. Seeks To Halt Biden's ACA Trans Discrimination Rule
Florida urged a federal court to stop recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rules would force the state to abandon its health and safety laws or lose funding from the federal government.
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May 16, 2024
US Must Produce Emails Between IRS Managers, Docs Leaker
The government must produce emails between Internal Revenue Service managers and a former contractor who leaked thousands of wealthy people's tax returns, a Florida federal judge has ordered, saying the materials are relevant to a billionaire's case accusing the agency of responsibility for the leak.
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May 15, 2024
Insurer Says Security Co. Not Covered For Nightclub Injuries
A security services company is not owed coverage for three underlying personal injury lawsuits stemming from multiple shooting and stabbing incidents at a Florida gentlemen's club, an insurer told a New York federal court, stating its policies exclude coverage for injuries sustained at clubs and assault.
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May 15, 2024
Peru Ducks $154M Claim Over Seized Gold Shipments
Peru has fended off a Miami-based gold trader's $154 million claim accusing the country of unlawfully seizing its gold shipments, after an international tribunal ruled Tuesday that it lacked jurisdiction and that the trader should be on the hook for all costs in the proceeding.
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May 15, 2024
Fla. Suit Alleging Race Bias In New Voting Districts Proceeds
A Florida federal court has ruled that a lawsuit by five Tampa-area citizens accusing state officials of using race to redraw two new voting districts in their region can proceed, saying the residents do not claim vote dilution and are not required to allege a discriminatory effect.
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May 15, 2024
Little People Wrestling Co. Starts 'Micro' TM Fight With Rival
Low Budget Rock Star Entertainment LLC, which produces wrestling entertainment featuring little people, has accused two men of infringing its trademark by using the word "micro" in their own wrestling ventures, according to a lawsuit filed in Florida federal court.
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May 15, 2024
Russian Gas Ex-CFO Can't Nix $44M FBAR Suit, Judge Rules
The former chief financial officer of a Russian gas company who was sentenced to seven years in prison for hiding money in Swiss banks can't escape the government's civil suit seeking nearly $44 million in reporting penalties, a Florida federal judge ruled Wednesday.
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May 15, 2024
Law Firm Urges Reversal Of Malpractice Arbitration Award
The Ferraro Law Firm urged a Florida appeals court Wednesday to reverse a trial court order upholding a $1.5 million arbitration award against it over alleged malpractice, arguing that its opponent and former client improperly got a successor trial judge to reverse course after the first one vacated the arbitration ruling.
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May 15, 2024
EEOC Suit Over Vax Refuser's Firing Survives Dismissal Bid
Arkansas-based Hank's Furniture Inc. must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a Christian manager who refused the COVID-19 vaccine, with a Florida federal judge ruling the agency plausibly alleged her beliefs conflicted with the company's inoculation policy.
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May 15, 2024
Fla. Sheriff Caved To ICE Detainer On American, Atty Says
Attorneys for a Tampa-area U.S. citizen mistaken for a Jamaican national and nearly deported told a Florida federal judge Wednesday that the Monroe County sheriff lacked probable cause to arrest the man, arguing that the police agency blindly followed a federal immigration detainer without checking its accuracy.
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May 15, 2024
Hemp Co. Settles Sales Dispute With Fla. Regulators
The Florida Department of Agriculture and Consumer Services has inked a deal with a hemp-product maker that accused the agency of overstepping its bounds and using stop-sale orders to block it from selling its hemp products outside the state.
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May 15, 2024
Masters Employee Cops To Selling $5.3M In Golf Memorabilia
A former employee of Augusta National Golf Club pled guilty Wednesday to stealing $5.3 million worth of memorabilia from the Masters golf tournament and selling it online, including a green jacket belonging to Arnold Palmer.
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May 15, 2024
Insurer Wants Payback For Covering Theater Group Theft
An insurance company has asked a Connecticut federal court to force a married couple to pay for coverage it granted a theater education group that it says was bilked out of nearly $588,000 by the pair via personal use of the nonprofit's funds.
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May 15, 2024
Fees Sought For Missed Depo During Atty's Solar Eclipse Trip
In following up on a Florida federal judge's sanctioning of a lawyer whose client missed a deposition while the attorney was solar eclipse viewing, AAA is asking the court to award it more than $7,800 in fees and costs as it fights a gender discrimination lawsuit.
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May 15, 2024
Florida Judicial Ethics Panel Split Over Personal Fundraising
A judicial candidate may distribute business cards and other campaign materials with a web address for his campaign site that includes an option to donate but cannot post a cover photo with that same URL on the candidate's personal Facebook page, the majority of Florida's Judicial Ethics Advisory Committee has found.
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May 14, 2024
Gunster Data Breach Affected 9K Clients' Data, Suit Says
A former client of Gunster Yoakley & Stewart PA has filed a proposed class action in Florida federal court, alleging the law firm's weak cybersecurity systems allowed outsiders to access clients' personal and sensitive health information and that the firm waited over a year to inform those affected.
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May 14, 2024
Asset Manager Cops To $1.2B Venezuelan Oil Co. Fraud
An asset manager pled guilty Tuesday to one count of conspiracy to commit money laundering for his role in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company and launder it through false investment schemes in the U.S. and abroad.
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May 14, 2024
DOI Urges High Court To Uphold Seminole Gambling Compact
Secretary of the Interior Deb Haaland is urging the U.S. Supreme Court to deny a petition by two casino operators seeking to undo a sports gambling compact between the state of Florida and the Seminole Tribe, arguing that such agreements may include provisions that address matters off tribal lands.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
Expert Analysis
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Money Transmitter Licensing: An Issue Too Costly To Ignore
Money transmitter licensing has become particularly relevant in recent years as digital currencies and payment technologies have piqued regulator interest, and companies should consider whether they need to be licensed to avoid disruption of operations, as well as significant fines and penalties, says Clayton Swears at Hudson Cook.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Precise Advance Notice Bylaws May Help Prevent Disputes
While the Chancery Court's December decision in Kellner v. AIM Immunotech shows that Delaware courts won't always uphold advance notice bylaws, and its willingness to selectively enforce or invalidate individual provisions doesn't create an incentive for companies to be surgical in their drafting, companies should nonetheless be precise when drafting such bylaws to avoid unnecessary disputes, say attorneys at Debevoise.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.