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Florida
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July 19, 2024
Pa. Judge Orders Accused RE Fraudster To Pretrial Detention
A Pennsylvania federal judge has ordered an accused real estate fraudster to pretrial detention, finding that his previously undisclosed ties to Panama and the fact that he is charged with using fake identities in furtherance of an alleged scheme make him a flight risk.
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July 19, 2024
DC Circ. Won't Block EPA Power Plant Emissions Rule
The D.C. Circuit refused Friday to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying challengers haven't shown they're likely to succeed in overturning the regulations.
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July 19, 2024
Weiss Serota Atty Helps Olympian Clients Get To Finish Line
Few can say they're exactly who they wanted to be when they were young. But Alan Fertel, a former college athlete who always planned to be a lawyer, says he is living his dream, carving out a practice representing elite athletes, including two star swimmers set to make a splash later this month at the Olympics in Paris.
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July 19, 2024
Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
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July 19, 2024
Morgan & Morgan Opens Latest Fla. Office In Port St. Lucie
Morgan & Morgan PA has announced its latest Florida office opening with a new 5,000-square-foot office location that officially started operations earlier this month in the "Treasure Coast" city of Port St. Lucie.
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July 19, 2024
Less Strict Standard Should Apply In 401(k) Suit, Judge Says
A Florida magistrate judge advised rejecting a steel manufacturer's bid to apply a tougher standard to a plan participant's proposed class action accusing the company of saddling its 401(k) with pricey investment funds and fees, saying that standard doesn't fit the bill in this case.
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July 19, 2024
NASCAR Names New General Counsel Amid Shake-Up
NASCAR Holdings' has named a new general counsel and a new deputy general counsel and head of privacy to fill out the team of chief legal officer Amanda Oliver.
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July 18, 2024
Feds Collar Would-Be 'Smart Ring' CEO For Investor Fraud
Los Angeles federal prosecutors have charged a Florida woman with securities and wire fraud with allegations detailing a $2 million investment scheme involving a purported "smart ring" company.
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July 18, 2024
Florida Urges 11th Circ. To Allow Gender Law Despite Appeal
Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
Judge Won't Pause Sanctions In Byju's Ch. 11
A Delaware district court Thursday ruled hedge fund Camshaft Capital Fund LP cannot hold off a contempt order from a Delaware bankruptcy court in the Chapter 11 case of Byju's Alpha while it appeals the sanctions, finding that it could avoid sanctions if it complied with a court order.
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July 18, 2024
Biopharma Shareholder Sues In Del. For Docs On Akeso Deal
A shareholder of Summit Therapeutics Inc. sued the Florida biopharmaceutical company in Delaware's Court of Chancery on Thursday, seeking corporate records to investigate whether a $520 million financing arrangement connected to a partnership with Akeso Inc. benefited the company's co-CEOs at the expense of public stockholders.
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July 18, 2024
Red Lobster Angles To Keep More Than 100 Leases In Ch. 11
Red Lobster's well-known Times Square location in New York City is off the chopping block of potential closures, for now, along with 112 other outposts of the casual dining seafood chain, after the troubled company said during a bankruptcy court hearing Thursday it is negotiating new agreements with landlords.
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July 18, 2024
Docs Get Same Hefty Opioid Sentences Despite Top Court Win
Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.
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July 18, 2024
Florida Opts To Use NextGen Bar Exam Starting In 2028
Florida will adopt a new bar exam test component, known as the NextGen Bar Exam, from the National Conference of Bar Examiners beginning July 2028, the state's board of bar examiners announced Thursday.
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July 18, 2024
DeSantis Blasts Ousted Atty's 3rd Bid To 'Rush' 11th Circ. Call
Suspended Florida prosecutor Andrew Warren should not be allowed to "rush" the Eleventh Circuit's consideration of the prosecutor's case, which could have "sweeping implications" for Florida's government, Gov. Ron DeSantis told the appellate court Thursday.
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July 18, 2024
US Cheerleading Org. Loses TM Fight Over 'Worlds' Marks
A Florida federal judge handed a pair of cheerleading organizations a summary judgment win Wednesday in a trademark infringement lawsuit by U.S. All Star Federation that alleged the rivals ripped off the competitive cheerleading organizational body's signature event's name, finding the contested "Worlds" marks are too generic to be protected.
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July 18, 2024
Ticket Holders Shut Out Of Copa Final Sue Miami Stadium
Ticket holders who were shut out of Sunday night's Copa America final in Miami between Argentina and Colombia have filed two suits against Hard Rock Stadium and Conmebol, claiming the venue and the soccer confederation's failure to ensure adequate security left ticket holders locked outside after thousands of fans rushed the gates.
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July 17, 2024
Client Bids Didn't Trigger Fla. Long-Arm Law In Breach Suit
A Florida appellate court on Wednesday tossed a breach of contract lawsuit brought by a wealth planner against two out-of-state companies, saying that the parties did not do business in Florida and that a visit to win over potential clients wasn't enough to establish jurisdiction in the Sunshine State.
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July 17, 2024
Fla. Co. Says NY Lender Charges Usurious 950% Interest Rate
A Florida-based startup has sued a New York small business lender, alleging the lender saddled it with "a high interest usurious loan" when it thought it was entering into a future receivables agreement.
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July 17, 2024
Special Counsel To Appeal Ax Of Trump Classified Docs Case
Special Counsel Jack Smith told a Florida federal court Wednesday that he was challenging U.S. District Judge Aileen Cannon's order earlier this week tossing the classified documents criminal case against Donald Trump, according to a notice of appeal.
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July 17, 2024
Top Florida Real Estate News In 2024 So Far
Catch up on the hottest real estate news out of Florida so far this year, from alleged zoning abuse and bankruptcy to a brewing condo crisis and a seven-figure highway expansion.
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July 17, 2024
Fed. Circ. Tells ParkerVision To Close Fla. Case Before Appeal
The Federal Circuit has ordered ParkerVision and Qualcomm to make a Florida federal judge explicitly end counterclaims in long-running infringement litigation between the two before continuing with ParkerVision's appeal.
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July 17, 2024
Fed. Gov't Can't Slip Suit Over Affordable Housing Loan
A U.S. Court of Federal Claims judge has refused to dismiss a company's suit alleging the federal government violated a loan agreement and now owes the company for the taking of its property.
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July 17, 2024
Hogan Lovells, Saul Ewing Exit Camshaft's, Byju's Ch. 11 Fight
Two law firms representing Camshaft Capital Fund LP and principal William Morton in the bankruptcy actions tied to the Chapter 11 of education tech company Byju's Alpha have petitioned a Delaware judge to approve their withdrawal as counsel, citing undisclosed Camshaft party failures to "uphold their obligations."
Expert Analysis
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
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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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Changing Regulatory Landscape For Weight Loss Drugs
As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.