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June 27, 2024
Live Nation Tries To Push DOJ's Antitrust Suit Out Of NY
Counsel for Live Nation Entertainment and subsidiary Ticketmaster on Thursday told a skeptical Manhattan federal judge that the U.S. Department of Justice's antitrust case belongs in D.C. federal court, where the green light was given for the companies' 2010 merger.
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June 27, 2024
Ala. Must Hand Over Felon Voting Records, 11th Circ. Says
In a split decision, an Eleventh Circuit panel ruled that Alabama can't block a Birmingham ministry from accessing lists of convicted felons barred from voting, finding that the public disclosure provision of the National Voter Registration Act "squarely covers" the records the group sued over.
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June 27, 2024
Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11
The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
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June 27, 2024
11th Circ. Won't Revive Robinhood Investors' Meme Stock Suit
The Eleventh Circuit has affirmed a lower court's dismissal of an investor antitrust suit against Robinhood Markets and Citadel Securities, holding that the investors failed to allege any plausible anti-competitive effects that occurred as a result of the platforms allegedly conspiring to restrict trades of "meme" stocks like GameStop in 2021.
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June 27, 2024
US Service Members Want Timeshare Class Action Certified
A putative class of U.S. service members who borrowed timeshare loans pushed for class certification for their suit in Florida federal court against two timeshare companies, which were accused of violating the Military Lending Act by not making legally required disclosures about the loans and arbitration requirements.
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June 27, 2024
Fla. County Owes Tax To Other County, Fla. Justices Rule
The Florida Supreme Court ruled Thursday that counties are not immune from being taxed on properties they own in other counties, affirming a decision that said Pinellas County cannot claim sovereign immunity to duck taxes on property it owns in neighboring Pasco County.
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June 27, 2024
Ex-Mayoral Candidate Loses Law License For 1 Year In Fla.
The Florida Supreme Court on Thursday suspended former Miami Beach mayoral candidate Michael Grieco's law license for one year after determining he had accepted an illegal campaign contribution and made misleading public statements about his involvement in a political committee.
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June 27, 2024
Fla. Judge Denies Trump's Bid To Toss Mar-A-Lago Warrant
The Florida judge overseeing Donald Trump's federal criminal case involving allegations of illegally keeping classified documents after leaving the White House denied the former president's bid Thursday for a hearing on the validity of the Mar-a-Lago search, but said she'd consider an evidence suppression hearing.
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June 27, 2024
Fla. Gov. Vetoes Bill Giving Immunity On Data Breach Claims
Florida Gov. Ron DeSantis on Wednesday vetoed a bill that would have provided immunity from data breach lawsuits for businesses that complied with certain cybersecurity standards, citing concerns that the legislation could result in Floridians' data being less secure.
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June 27, 2024
SEC Sues Fla. Loan Website, CEO Over 'Fictitious' Revenue
A purported online lender and its CEO face U.S. Securities and Exchange Commission allegations that the company's reported revenue for certain periods was "a figment" of the CEO's imagination.
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June 27, 2024
MoFo Moving To 'Flexible' Miami Office Space Model In 2025
Morrison Foerster LLP will "transition to a flexible office space model" at the end of the year in Miami after its current lease expires, a firm spokesperson told Law360 Pulse on Thursday.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Moms For America Sues Biden Admin Over Vax Liability Law
Conservative nonprofit Moms for America has sued the Biden administration over a law that shields companies from COVID-19 vaccine injury lawsuits, saying the law is unconstitutional because it circumvents judicial review and violates fundamental rights, including due process and trial by jury.
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June 26, 2024
Fla. Court Paves Way For $1B Miami Highway Expansion
A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.
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June 26, 2024
11th Circ. Urged To Toss $62M Order Against Forex Co. CEO
An imprisoned former CEO of an investment company urged the Eleventh Circuit on Tuesday to toss a multimillion-dollar penalty against him obtained by the federal government, saying he never operated foreign exchange commodity pools and didn't invest borrowed funds on behalf of lenders.
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June 26, 2024
Tennis Player Looks To Preserve $9M Verdict Against USTA
Tennis pro Kylie McKenzie has urged a Florida federal court to keep intact a $9 million judgment and deny the U.S. Tennis Association's bid for a new trial, arguing the organization is liable for the sexual assault she suffered at the hands of her coach.
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June 26, 2024
Kennedys Adds Partner, 2 Other Attys Amid Fla. Growth
Months after global law firm Kennedys announced its expansion into Florida with the opening of a Fort Lauderdale office, the insurance law giant is continuing to grow its Sunshine State offerings with the addition of a new partner, special counsel and associate, the firm announced Wednesday.
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June 26, 2024
Candidate's Nickname 'Fighter' Won't Be On Fla. Ballot
The Florida Department of State has denied a request by an Orlando law firm owner running for state attorney to include his nickname "Fighter" on the Aug. 20 primary ballot.
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June 26, 2024
Miami-Dade Cites Animal Harm In Aquarium Eviction Action
Miami-Dade County has sued to evict an aquarium from a government-owned waterfront site following reports that the operator didn't clean and maintain the 70-year-old facility well enough and repeatedly failed to care for dolphins, manatees and other animals held at the theme park.
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June 26, 2024
A Picture Of Office Sector Distress
This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
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June 25, 2024
2 Federal Judges Stall Biden's Student Loan Debt Relief
Federal judges in Kansas and Missouri on Monday partially blocked the Biden administration from implementing its latest student debt relief program, with both finding that Congress did not give clear authorization through the Higher Education Act for the loan forgiveness plan, as argued by the federal government.
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June 25, 2024
Adviser, Firm Owe SEC $425K For Mishandling Crypto Assets
A Florida federal judge on Tuesday approved approximately $425,000 in settlements in a suit by the U.S. Securities and Exchange Commission against an investment adviser and its owner, alleging they hid investment strategies and lost control of the firm's recordkeeping, preventing them from accessing crypto assets possibly worth $10 million.
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June 25, 2024
Verizon To Pay $1M For Southeast 911 Outage, FCC Says
Verizon has agreed to pay just more than $1 million and follow a compliance plan after a December 2022 breakdown of 911 connectivity throughout the Southeast, the Federal Communications Commission said Tuesday.
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June 25, 2024
Firm Fights NC High Court Review Of Fight With Fla. Clients
Wilson Ratledge PLLC urged the North Carolina Supreme Court to reject a petition by two Florida-based companies to duck a breach of contract suit by the Raleigh-based law firm, arguing that the trial court correctly found there are enough significant contacts with the state to haul the two companies into North Carolina court.
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June 25, 2024
Man Convicted Of Crypto-Motivated Break-Ins, Kidnappings
A Florida man was convicted Tuesday in North Carolina federal court of leading a robbery crew that broke into people's homes, kidnapped them and stole Bitcoin and other cryptocurrency.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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ESG Investing Caught In Culture War Crosshairs In 2023
As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Property Owner Considerations Around Electric Vehicle Bans
In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.