Florida

  • October 07, 2024

    Mednax Gets Final OK For $6M Data Breach Settlement

    A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."

  • October 07, 2024

    Activist Short Seller Blasts 'Preposterous' SEC Fraud Suit

    The founder of Citron Research, a newsletter for short sellers, has asked a California federal court to dismiss the U.S. Securities and Exchange Commission's fraud suit against him and his investment advisory firm, arguing the suit "strategically omits" the disclaimers it accused the founder of not making.

  • October 07, 2024

    Fla. Jury Told Unchecked Plane Fueling Led To Crash Injuries

    A professional angler told a Florida federal jury Monday that a Cessna pilot's failure to supervise the refueling of a plane led to the wrong tanks being filled, resulting in his injuries after the aircraft ran out of fuel midair and crashed-landed into the ocean near the Bahamas.

  • October 07, 2024

    Music Label Says 2 Live Crew Songs Were Works For Hire

    The owner of music label Lil' Joe Records took the stand Monday as he began to make the case that the members of hip-hop group 2 Live Crew were employees, not independent contractors, when they produced their hits and therefore cannot claw back their rights to the recordings.

  • October 07, 2024

    Tribe's 'No Regret' Gaming Ads Misleading, Fla. Residents Say

    Ads from the gaming vendor of the Seminole Tribe of Florida promising to give bettors as much as $100 back if they lose their first wager is false, deceptive, misleading and unfair marketing that violates state law, despite the tribe's claims of sovereign immunity, according to an updated proposed class action in federal court.

  • October 07, 2024

    High Court Doubts States Can Police Federal Rights Claims

    The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.

  • October 07, 2024

    Henderson Franklin Adds Tax Pro To Florida Offices

    A tax attorney who formerly practiced at Stradling Yocca Carlson & Rauth PC has joined Henderson Franklin Starnes & Holt PA's business and tax planning department and will work from the firm's Florida offices in Fort Myers and Naples.

  • October 07, 2024

    11th Circ. Balks At Ex-Braves' $47M Easement Case

    Former Atlanta Braves players John Smoltz and Ryan Klesko, challenging a U.S. Tax Court ruling that slashed the value of a conservation easement deduction by 90%, won't have their appeal heard by the Eleventh Circuit after the court said Monday the duo had jumped the gun on challenging the decision before it was made final.

  • October 07, 2024

    Whistleblower Must Show Docs In Fla. House-Flipping Scheme

    A Florida state court judge Monday ordered a woman who uncovered a house-flipping scheme allegedly run by the husband of a former Miami city attorney to produce documents in the case, including communications with journalists, in an attempt to show whether any misconduct occurred over the course of the investigation.

  • October 07, 2024

    Ga. Asks Justices To Ignore Meadows' Election Removal Bid

    Georgia county prosecutors fought a bid by former White House Chief of Staff Mark Meadows to move his election interference case into federal court, telling the U.S. Supreme Court that the legal issues at play require more "percolation" before they are ripe for review.

  • October 07, 2024

    Winston & Strawn Adds Digital Assets Pro From K&L Gates

    Winston & Strawn LLP has hired as a partner for its transactions department and as a member of its digital assets and blockchain technology group an attorney who formerly worked at K&L Gates LLP and co-chaired its digital assets industry group.

  • October 07, 2024

    Supreme Court Passes On Developer's Takings Case

    The U.S. Supreme Court decided Monday not to evaluate an Eleventh Circuit decision in favor of a developer who accused an Alabama county and its zoning board of an unconstitutional regulatory taking after they revoked a permit for a $1 million three-story development and issued a stop-work order.

  • October 07, 2024

    Justices Seek SG Input On Red State Bid To End Climate Torts

    The U.S. Supreme Court on Monday asked the U.S. Solicitor General to weigh in on a request by red states to nix climate change torts brought by blue state governments against fossil fuel companies, signaling its growing interest in the future of such cases.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Pa. Noncompete Ban Challenger Drops Case After Stay Denied

    A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.

  • October 04, 2024

    Circle K Avoids Trial, Settles Suit Over Gas Pump Death

    The family of a woman who was killed at a Circle K gas pump that caught fire has settled its claims against the convenience store and gas station company and its attorneys on the eve of trial, an attorney confirmed Friday.

  • October 04, 2024

    Real Estate Recap: Climate Risk, Cooling Mandates, Reuse

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how climate risk is changing investor behavior, what the hottest summer on record has done for landlord cooling mandates, and why one BigLaw attorney thinks a new bipartisan adaptive reuse bill in Congress could be a boon for rural housing.

  • October 04, 2024

    Atty Who Defied License Ban Asks Court To Rethink Jail Time

    A disbarred attorney asked the Florida Supreme Court on Friday to reconsider its decision to send him to jail for 60 days for allegedly repeatedly practicing law without a license, including continuing to market himself as a licensed attorney.

  • October 04, 2024

    Where Campus Protest Suits Stand 1 Year After Oct. 7 Attacks

    Almost immediately after Hamas' attack in Israel on Oct. 7, 2023 and the subsequent invasion of Gaza, colleges and universities became litigation targets of both sides of the conflict as protests unfolded on campuses throughout the United States.

  • October 04, 2024

    DOJ Charges Execs, Sales Reps Over Texas 'Pill Mills' Sales

    Tens of millions of opioid pills ended up in the black market by way of pharmaceutical distribution executives and sales representatives who targeted a Houston "hot zone" for drug diversion, the U.S. Department of Justice said in unsealing several indictments in Texas, Florida, Missouri and North Carolina.

  • October 04, 2024

    11th Circ. Sends Tribal Loan Dispute Back For Arbitration

    An Eleventh Circuit panel has reversed and remanded a lower court's ruling that a Tampa-based consumer collection company cannot compel arbitration in a bid seeking payment on a tribally owned firm's loans, arguing provisions of the agreements require such proceedings under tribal and federal law.

  • October 04, 2024

    Trump Media SPAC Dropped From $20M Insider-Trading Suit

    A Florida federal judge dismissed a special purpose acquisition company from a shareholder complaint alleging a board member and investor made nearly $20 million from insider trading following news of a merger with Donald Trump's social media website, saying the SPAC isn't a necessary party to the lawsuit.

  • October 04, 2024

    Insurer May Pay Only 1 Fla. Mass Shooting Victim

    An insurer isn't required to pay anything to two families whose loved ones died in a mass shooting at a Miami mall because it already exhausted all its proceeds in paying one other family $50,000, a Florida federal judge ruled.

  • October 04, 2024

    DOL Urges 11th Circ. To Back Arbitration Denial In ESOP Row

    The U.S. Department of Labor urged the Eleventh Circuit to reject arbitration in a proposed class action alleging a legal technology firm undervalued company shares when it shut down its employee stock ownership plan, arguing that the arbitration provision clashed with federal benefits law.

  • October 04, 2024

    Fla. Firm Wins Wage Dispute After Paralegal Abandons Suit

    A federal judge threw out a paralegal's lawsuit alleging that a West Palm Beach, Florida, law firm underpaid her and then retaliated against her by cutting her hours when she complained, saying she has refused to continue to participate in the litigation.

Expert Analysis

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    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.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    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.

  • The Uncertain Scope Of The First Financial Fair Access Laws

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    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.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    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.

  • Opinion

    The FTC And DOJ Should Backtrack On RealPage

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    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.

  • Series

    Fishing Makes Me A Better Lawyer

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    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.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    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.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    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.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    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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