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September 04, 2024
SEC Fines Investor Over $7.5M In Undisclosed Affiliate Fees
The U.S. Securities and Exchange Commission has fined Florida-based investor Digital Bridge for failing to properly disclose about $7.5 million worth of payments to affiliates for services provided to a group of funds the firm manages.
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September 04, 2024
DHS Seeks To Lift Block On Spousal Parole Program
The Biden administration urged a Texas federal court to restore its policy letting certain foreign relatives of American citizens such as spouses apply for green cards from within the U.S., saying that states opposing the policy haven't shown it caused financial harm.
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September 04, 2024
Fox Rothschild Boosts Trust & Estate Team In W. Palm Beach
Fox Rothschild LLP has picked up a new counsel for its taxation and wealth planning department in West Palm Beach, Florida, who previously was at Wiggin and Dana LLP and Ellis Law Group PL.
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September 04, 2024
2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.
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September 04, 2024
Fla. Builder Can't Escape Former In-House Atty's Suit
A Florida federal magistrate judge has rejected a development company's bid to escape a wrongful termination lawsuit brought by its onetime in-house counsel, saying that enough has been pled to overcome the dismissal request.
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September 04, 2024
Fla. Judge Won't Delay Trial In Judge's Blackmail Suit
A Florida judge refused Wednesday to hear a summary judgment motion from an attorney accused by a Palm Beach County judge of trying to blackmail her with nude photographs, calling it untimely because it would need to be heard on the first day of trial set for later this month.
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September 04, 2024
Atty Disbarred In Fla. Over Sexual Messages To Client
The Florida Supreme Court has disbarred an Ohio attorney for sending inappropriate sexual text messages to a client, more than a year after the Buckeye State high court handed the lawyer a two-year suspension for the same misconduct.
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September 03, 2024
11th Circ. Won't Revive Fla. School's Loudspeaker Prayer Suit
The Eleventh Circuit on Tuesday affirmed a decision in favor of the Florida High School Athletic Association and its decision denying the use of a loudspeaker for prayer before sporting events, ruling that it could be regulated because it was government speech.
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September 03, 2024
Tribe Of Two Loses Fed. Circ. Appeal Over Rival's 'TT' Mark
The Federal Circuit on Tuesday rejected an appeal from a small handbag designer that claimed a potential rival wanted to register a trademark that used the letters "TT" in a similar way.
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September 03, 2024
Maduro's Private Jet Seized In Fla. Over Sanctions Violation
Federal officials have seized a private jet used by Venezuelan President Nicolás Maduro and his affiliates, alleging that it was purchased illegally using a shell company and smuggled out of Florida in violation of sanctions and export control laws, according to the U.S. Department of Justice.
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September 03, 2024
SEC Fines Adviser That Lost Clients' Crypto In FTX Collapse
An investment adviser that lost client funds in the collapse of FTX found itself on the receiving end of a U.S. Securities and Exchange Commission enforcement action on Tuesday, with Galois Capital Management LLC settling allegations that it failed to find a proper custodian for those crypto assets.
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September 03, 2024
NAACP, Others Fight Ga.'s Bid To Undo Election Law Block
The Georgia branch of the NAACP and a host of other groups are asking the Eleventh Circuit to affirm and expand a preliminary injunction blocking parts of a controversial Peach State election law as state officials are pushing to have the injunction overturned.
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September 03, 2024
Ex-Miami Atty's Countersuit Tossed Due To Litigation Privilege
A Florida state judge has tossed an ex-Miami city attorney's countersuit against a constituent, saying her suit fighting real estate fraud allegations that she says led to her termination is barred by the state's litigation privilege doctrine in which absolute immunity protects certain statements made in court proceedings.
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September 03, 2024
Fla. Judge Faces DQ Bid Over 'Hostility' In Ex-Law Prof's Case
A former law professor at Florida A&M University wants the federal judge assigned to her retaliation lawsuit against the university to recuse himself, saying he has shown a "pattern of hostility" toward her in multiple court orders, according to a motion filed Tuesday.
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September 03, 2024
Fla. AG Sues Feds Over Immigration Policy FOIA Requests
Florida's Attorney General Ashley Moody filed a lawsuit Tuesday accusing the federal government of failing to respond to a public records request for information about what she says is a Biden administration policy of not automatically deporting "criminal aliens" after they have served their sentences.
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September 03, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.
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August 30, 2024
Miami Gallery Sold Family $6M In Fake Warhols, Lawsuit Says
A new lawsuit accuses a Miami gallery of selling over $6 million in fake Andy Warhol paintings and stringing a family of amateur art collectors along with an elaborate ruse involving the lure of "below-market prices" and "fictitious" employees from the Warhol Foundation and a New York auction house.
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August 30, 2024
$100M Deal Finally Ends MoneyGram Unclaimed Property Fight
Delaware will be giving back more than $100 million from uncashed MoneyGram checks to the states where they were bought after finally reaching a settlement with 29 other states that took the matter all the way to the U.S. Supreme Court.
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August 30, 2024
Partnership Can't Save Premature Tax Court Appeal, Feds Say
The IRS is urging the Eleventh Circuit to throw out a Tax Court appeal that a partnership formed by two former Atlanta Braves players filed over a slashed $47.6 million conservation easement deduction, since the appeal was improperly filed before a final decision was entered.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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August 30, 2024
Flight Training Co. Can't Ditch Crash Liability Suit, Judge Says
An Illinois federal judge said Friday that a Florida flight training provider must face claims that it negligently trained the crew members who were aboard a Global Air-operated Cubana de Aviación flight that crashed in Cuba in May 2018, killing 113 people.
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August 30, 2024
Real Estate Recap: RealPage, Vacancies, New Construction
Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.
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August 30, 2024
Hotel Chains, Software Co. Fight Algorithmic Pricing Suit
Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.
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August 30, 2024
UPS Gets NLRB Info Request Redo From 11th Circ.
The Eleventh Circuit reversed on Friday part of a National Labor Relations Board ruling that UPS illegally refused to provide information to the Teamsters, directing the board to analyze the company's argument that the parties' contract precluded the union's request for workers' phone numbers.
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August 30, 2024
AGs Ask 11th Circ. To Back Fla. Under-21 Gun Sale Law
A group of 21 attorneys general Friday filed an amicus brief with the Eleventh Circuit urging the appeals court to reaffirm a panel decision upholding a Florida law that banned the sale of firearms by people under 21.
Expert Analysis
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What Fla. Ruling Means For Insurer Managed Repair Programs
A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.