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Florida
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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May 17, 2024
Fla. Appeals Court Nixes Condo Tax Sale After Address Mix-Up
A Florida state appeals panel authored a split decision ordering a lower district court to reverse a tax deed sale after a property owner in Miami-Dade claimed the county's clerk of court failed to provide notice that his condo was being put up for sale due to a delinquent tax bill.
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May 17, 2024
DC Circ. Won't Immediately Block EPA Power Plant GHG Rule
The U.S. Environmental Protection Agency is clear to implement its new greenhouse gas emissions rule for power plants — at least for now — after the D.C. Circuit on Friday rejected an effort to temporarily block it.
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May 17, 2024
Man Admits To Threatening Judge Over 'Don't Say Gay' Ruling
A retired teacher from Pensacola, Florida, has pled guilty to threatening to harm a federal judge in five voicemails he left after the jurist ruled against a challenge to Florida's "Don't Say Gay" law, federal prosecutors announced.
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May 17, 2024
Trump's Potential Witness Could Be Defense 'Dynamite'
As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.
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May 17, 2024
Many Plans Already In Front Of 11th Circ. Trans Health Ruling
The Eleventh Circuit's recent decision that a county health plan's coverage exclusion for gender transition surgery violated federal anti-discrimination law likely won't have a big impact on plans because they have already made adjustments for the U.S. Supreme Court ruling the appeals court applied, experts say.
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May 16, 2024
Ointment Scheme Conned Gov't Out Of Millions, Fla. Suit Says
Two Florida brothers and one of their former employees are accused of running a years-long fraudulent scheme billing government healthcare programs and receiving millions of dollars after paying kickbacks to generate prescriptions for ointments that were not needed, according to a False Claims Act lawsuit.
Expert Analysis
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Can Class Actions Guide AI Risk Mitigation Efforts?
The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.
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Lenders Must Look To The Law As Fla. Joins Disclosure Trend
Given the varying range in scope of state commercial financing disclosure laws — including the one recently enacted in Florida — and the penalties for noncompliance, providers of commercial credit should carefully consider whether such laws apply to their commercial lending business, say attorneys at Winston & Strawn.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Data Breach Rulings Stress Duty For Protecting Worker Data
Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Why All Eyes Are On Florida's Affordable Housing Reform
Florida's Live Local Act, which took effect last month, promotes much-needed affordable housing developments with a mix of zoning preemption provisions and tax benefits that may attract interest from developers across the nation, say attorneys at Nelson Mullins.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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ESG Mandates For Banks May Bring Compliance Challenges
As jurisdictions expand their ESG or anti-ESG mandates to encompass banks that hold public funds, depository institutions should prepare to dedicate meaningful resources to these new requirements, and expect a few bumps in the road as the debate over use of environmental, social and corporate governance factors continues in the U.S., say attorneys at Mintz.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal
The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.
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Ch. 11 Ruling Informs On Social Media Ownership Rights
Social media users now have useful guidance regarding account ownership rights following a federal bankruptcy court's recent ruling in the Vital Pharmaceuticals Chapter 11 case, which rejected the notion that advertised content alone could create a presumption of ownership for the advertised business, say Deborah Enea and Thomas Dockery at Troutman Pepper.