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Florida
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September 24, 2024
11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute
The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.
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September 24, 2024
A Lawyer Promised Clients Fast Action. Then He 'Disappeared'
Dozens of ex-clients of a Florida lawyer have accused him of orchestrating a racketeering scheme in which clients were duped into paying nonrefundable retainer fees for legal services that were never delivered, allegedly causing a couple to lose their home while others lost custody of their children.
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September 24, 2024
Courthouses Begin Shutting Down As Fla. Braces For Storm
Courthouses on Florida's Gulf Coast are beginning to shut down as Tropical Storm Helene — expected to be a major hurricane by the time it makes landfall in the Sunshine State — barrels its way north toward the panhandle.
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September 24, 2024
Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.
A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.
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September 23, 2024
Calif. Schools To Limit Or Ban Cellphones Under New Law
California Gov. Gavin Newsom on Monday signed into law a bill requiring Golden State school districts to limit or ban students from using smartphones during school hours in a bid to address mental health issues among the state's youth.
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September 23, 2024
Judge Grants Ex-Admiral, Contractors Separate Bribery Trials
The Washington, D.C., federal court agreed on Monday to sever a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward.
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September 23, 2024
Smartmatic Can't Seek Punitive Damages In Newsmax Suit
A Delaware Superior Court judge on Monday ruled that Smartmatic USA Corp. can't seek punitive damages in the defamation trial over unsubstantiated claims from Newsmax Media Inc. that the company's voting systems rigged the 2020 election, saying Smartmatic couldn't meet its burden to prove express malice.
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September 23, 2024
'Ghost Candidate' Testifies In Trial Against Ex-Fla. Sen.
Attorneys for former Florida Senator Frank Artiles tried to poke holes Monday in witness Alex Rodriguez's credibility, painting him as a liar who was trying to scam Artiles instead of an unwitting participant in Artiles' scheme to prop him up as a "ghost candidate" to swing a state senate election to a Republican candidate.
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September 23, 2024
Court Sinks Antitrust Claims Against Suns Owner
A Florida federal court adopted the recommendations of a magistrate judge and tossed a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage, over an alleged boycott.
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September 23, 2024
Wash. Agency No Longer Seeking Names In 3M Earplug Case
The Washington state agency that handles child support claims seems no longer interested in seeking information on service members who are expected to receive payments from the 6 billion settlement from 3M Co. over injuries stemming from its Combat Arms Earplugs.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
US Can't Pin Clean Water Act Violation On Fla. Farmer
A Florida federal judge recommended that a court rule in favor of a landowner sued by the government for allegedly violating the Clean Water Act after polluting wetlands to build a farm, saying a man-made ditch bordering the property isn't technically connected to navigable waters of the United States.
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September 23, 2024
Lack Of Evidence Dooms H-2B Administrative Assistant Bid
A U.S. Department of Labor appeals board ruled that a Florida-based company's application for five administrative assistants through the H-2B temporary visa program was rightly denied for its failure to provide supporting evidence to substantiate its request.
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September 23, 2024
Raymond James Pushes Ex-VP's Sex Bias Suit Into Arbitration
A Florida federal judge kicked a fired Raymond James and Associates executive's sex bias suit to arbitration Monday, concluding that a federal law prohibiting mandatory arbitration of sex misconduct claims didn't apply because her harassment allegations lacked "plausibility."
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
AGs Push To Can Google Privacy Deal With No Class Payout
Nearly two dozen Republican state attorneys general are urging the Ninth Circuit to scrap a data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, arguing that consumers aren't adequately benefiting from the settlement.
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September 20, 2024
Fla. Judge Trims Health Co. Data Breach MDL
The Florida federal judge overseeing the multidistrict litigation of a health benefits administration company impacted by a data breach dismissed several state consumer law claims but said those who brought lawsuits can sue, saying they've plausibly alleged injuries after their personal information was allegedly stolen by a cybercriminal group.
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September 20, 2024
Enviro Group Threatens Suit To Protect Newt In Fla., Ga.
The Center for Biological Diversity has notified the U.S. Fish and Wildlife Service it plans to sue over the denial of Endangered Species Act protections to a newt species that lives in threatened pine forests and wetlands in southeastern Georgia and north-central Florida.
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September 20, 2024
Judge Won't Toss Fraud Suit Against Crypto-Forex Co. Execs
A Florida judge decided that the CEO and a founding shareholder of purported foreign exchange currency broker FxWinning Ltd. have sufficient ties to Florida to keep them among the defendants of a suit alleging the business and its operators perpetrated a multimillion-dollar fraud.
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September 20, 2024
SpaceX, Musk Attack FAA Following Proposed Fines
SpaceX is lashing out at the Federal Aviation Administration's "inability to keep pace with the commercial spaceflight industry" days after the agency said it planned to slap the company with $633,000 in fines, prompting founder and majority owner Elon Musk to threaten a lawsuit.
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September 20, 2024
NFT Buyers Bring Securities Suit Against Crypto Co. OpenSea
Two Florida users of OpenSea hit the nonfungible token marketplace with a proposed securities class action claiming the assets the users bought on the platform are unregistered investment contracts in light of recent court decisions and regulatory scrutiny from the U.S. Securities and Exchange Commission.
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September 20, 2024
Insurer Settles Conn. Suit Over Theft From Theater Group
Philadelphia Indemnity Insurance Co. has settled a dispute with a Florida couple who the insurer says bilked its policyholder, a theater education group, out of nearly $588,000 for their own personal use.
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September 20, 2024
Morgan Law, Morgan & Morgan Ad Spat Breaks Open Again
National personal injury firm Morgan & Morgan PA is back in court with a rival Florida-based firm with a similar name, alleging that Morgan Law Group PA is once again poaching its search engine keywords in violation of a 2020 settlement between the two firms.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 20, 2024
Florida Powerhouse: Bilzin Sumberg
Miami's Bilzin Sumberg Baena Price & Axelrod LLP has had a significant impact on Florida's infrastructure over the past year, representing the leaders of housing, transportation, education and infrastructure projects that total more than $10 billion in value.
Expert Analysis
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Black-Led VC Fund Case Could Hinge On Nature Of Grants
Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.
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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.