Florida

  • May 21, 2024

    3rd Suit Alleges Panera's 'Charged' Drink Caused Heart Attack

    An 18-year-old man sued Panera Bread Co. in Pennsylvania federal court Monday alleging its highly caffeinated "Charged Lemonade" drink caused him to suffer a heart attack, at least the third such suit filed against the franchise over the now-discontinued beverage. 

  • May 21, 2024

    DC Circ. Won't Let Fla. Halt Wetlands Permits Decision

    The D.C. Circuit on Monday refused Florida's request to pause a lower court's ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, rejecting its argument that the decision is likely to be reversed.

  • May 21, 2024

    Earth, Wind & Fire Cover Band Owes $750K In TM Suit

    A Florida federal judge has ordered a concert producer and promoter to pay $750,000 to the entity that owns the music of Earth, Wind & Fire after the band won a summary judgment ruling in March that found the defendants infringed the legendary group's trademarks by organizing concerts featuring their music and name.

  • May 21, 2024

    Conn. Law Firm's Trade Secrets Case Likely Moving To Fla.

    A trade secrets lawsuit brought by a Greenwich, Connecticut, law firm against a former independent contractor is poised to move to the Southern District of Florida after a federal judge in Hartford said Tuesday that a new venue appears to be more appropriate.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Fla. Pet Store Wins $53K Atty Fee Award In Explicit Video Suit

    A Florida state court judge has awarded the operators of a pet store nearly $53,000 in attorney fees defending against a lawsuit over sexual harassment and gender discrimination after a manager allegedly showed a video of his genitalia to an underage female employee while on the job.

  • May 20, 2024

    TD Ameritrade Must Face Most Claims In Fraud-Abetting Suit

    A Florida federal judge has sustained most of a receiver's lawsuit against TD Ameritrade alleging the broker-dealer was responsible for furthering an alleged $9.8 million commodity pool fraud scheme.

  • May 20, 2024

    Transparency Act Violates Constitution, Groups Tell 11th Circ.

    The Corporate Transparency Act's reporting requirements violate the Fifth Amendment's protection against self-incrimination and other constitutional provisions, libertarian think tank Cato Institute and others said Monday in urging the Eleventh Circuit to uphold an Alabama district court's ruling against the law.

  • May 20, 2024

    Venezuelan Facing 2 Years In Prison For Laundering Scheme

    An ex-Venezuelan National Guard major is facing up to two years in federal prison after pleading guilty to a count of money laundering conspiracy involving the bribing of foreign officials to help cover up a $1.7 million fake import scheme and then moving the fraud proceeds through U.S. banks.

  • May 20, 2024

    Trial In Blackmail Case Over Judge's Photos Delayed

    A Florida state judge agreed Monday to push back the trial in a Palm Beach County judge's suit accusing an attorney of trying to blackmail her with nude photographs, after the defendant cited discovery delays and an ongoing bellwether trial in multidistrict litigation against Chiquita that is tying up the schedule of two key witnesses.

  • May 20, 2024

    Agricultural Groups Agree To Toss Claim In H-2A Rule Dispute

    Several Florida-based agricultural groups agreed to toss a claim in their suit challenging the U.S. Department of Labor's rule raising the wages of H-2A agricultural workers, saying while they still believe the allegation is viable, trimming the suit will expedite the litigation.

  • May 20, 2024

    Catching Up With Delaware's Chancery Court

    Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.

  • May 20, 2024

    CORRECTED: DeSantis Signs Bill Adding 9 New Judgeships

    Florida Gov. Ron DeSantis has signed into law a bill that will add nine new judgeships in the state, including two circuit court judges in Pensacola and southwest Florida and seven additional county court judges.

  • May 20, 2024

    Fried Frank, K&L Gates Lead $950M Sale Of Transportation Biz

    Transportation and distribution services provider Saltchuk Resources Inc., advised by K&L Gates LLP, on Monday announced plans to acquire energy transportation services provider Overseas Shipholding Group Inc., led by Fried Frank Harris Shriver & Jacobson LLP, in a take-private transaction valued at $950 million.

  • May 20, 2024

    Squire Patton Lands Ex-Polsinelli Latin America Head In Miami

    The former head of Polsinelli PC's Latin America practice has joined Squire Patton Boggs LLP as a partner in its financial services practice in Miami after most recently practicing at his own boutique firm, the firm announced Monday.

  • May 20, 2024

    6th Circ. Orders Sanctioned Prison Co. To Pay NLRB Atty Fees

    The Sixth Circuit said a Federal Bureau of Prisons contractor has to pay the U.S. National Labor Relations Board's attorney fees from arguing the contractor should be held in contempt in a dispute over two fired union supporters, with one judge dissenting in part over 0.4 billable hour.

  • May 20, 2024

    Red Lobster Hits Ch. 11 Reeling From Endless Shrimp Deals

    The Red Lobster seafood restaurant chain has filed for Chapter 11 protection in a Florida bankruptcy court with $294 million in debt and sale plans, saying its problems included its equity owner and shrimp supplier possibly pushing it into a disastrous all-you-can-eat shrimp offer.

  • May 20, 2024

    Davis Polk, Wachtell Guide $2B SouthState Banking Deal

    Florida-based SouthState Corp. said Monday it has agreed to purchase Texas-based Independent Bank Group Inc. in an all-stock transaction valued at approximately $2 billion, with Davis Polk and Wachtell steering the regional lenders on the deal. 

  • May 17, 2024

    Real Estate Authority: Loan Doctors, CFIUS, Mixed-Use Boom

    Catch up on the week's key developments by state from Law360 Real Estate Authority — including potential conflicts of interest in special servicing, a data center buy stymied by the Committee on Foreign Investment in the United States, and one hospitality pro's prediction for more mixed-use residential and hotel demand.

  • May 17, 2024

    $440M Cruise Line Ruling Over Cuba Dock May Be In Jeopardy

    An Eleventh Circuit panel appeared reluctant Friday to affirm a nearly half-billion-dollar judgment against four major cruise lines for "trafficking" in property seized by the communist Cuban government, as the underlying concession for a port facility in Havana expired in 2004.

  • May 17, 2024

    OB-GYN Enough Like GYN Oncologist For Expert Witness Law

    A Florida state appeals court on Friday revived a suit accusing a gynecological oncologist of performing an unnecessary surgery, saying the credentials of the patient's medical expert — an OB-GYN — satisfied the state's "same specialty" requirement.

  • May 17, 2024

    Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL

    In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.

  • May 17, 2024

    Fla. Investor Says Mining Co. Froze His Shares In Costly Error

    An investor and former employee of a Canadian mining company alleged breach of fiduciary duty and negligence against the business, saying in a lawsuit in Florida federal court that he was wrongfully prevented from selling his shares and lost money when the stock price dropped following an unfavorable arbitration ruling.

  • May 17, 2024

    Koch-Tied Group Says Transparency Law Offends Federalism

    The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.

Expert Analysis

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Young Thug Case Spotlights Debate Over Lyric Admissibility

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    A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

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    A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.

  • Cos.' Trade Secret Measures Must Adjust To Remote-Work Era

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    Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.

  • Safe-Harbor Period Change Could Hinder TCPA Compliance

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    A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.

  • How Justices Could Rule On A Key Copyright Statute

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    Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

  • Opinion

    Justices Should Nix Section 230 Immunity For Tech

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    The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

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