Florida

  • June 12, 2024

    DeSantis Doesn't Have To Turn Over Judicial Advisers' Info

    A Florida appeals court on Wednesday affirmed the dismissal of a petition to force Gov. Ron DeSantis to turn over information about the conservative advisers he consults to vet judicial nominees, but refused to affirm the lower court's conclusion that executive privilege shielded the governor from producing the documents.

  • June 12, 2024

    Prosecutor Drops Extortion Case Against Fla. Securities Atty

    A Florida state prosecutor on Wednesday dropped a felony extortion charge against a securities litigation attorney who was accused of threatening to expose an accuser's criminal past if she didn't resign from their condominium board, saying an investigation revealed that there wouldn't be a reasonable likelihood of conviction.

  • June 12, 2024

    Microsoft, OpenAI Call Papers' Suit A 'Copycat' Of NYT's Case

    OpenAI and Microsoft Corp. have asked a New York federal court to toss the bulk of a copyright complaint from eight newspapers that accuses the companies of stealing their content to develop versions of ChatGPT, contending the lawsuit is modeled after one from The New York Times and saying the allegations mischaracterize the technology.

  • June 12, 2024

    11th Circ. Could Revive Venezuela Chemical Co. Seizure Suit

    An Eleventh Circuit panel appeared open to reviving a lawsuit accusing Venezuela of unlawfully seizing a chemical company amid allegedly trumped-up criminal drug charges, as the judges spent much of a hearing on Wednesday questioning why a critical witness was barred from testifying.

  • June 12, 2024

    League's Antitrust Case Against US Soccer, MLS Survives

    Major League Soccer and the sport's U.S. governing body must face allegations that they colluded to impose standards in a lopsided manner in order to hamper the North American Soccer League, after a New York federal judge refused to toss the claim.

  • June 12, 2024

    11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case

    The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.

  • June 12, 2024

    32 AGs Urge Justices Take Up Okla. PBM Law Fight

    Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.

  • June 12, 2024

    Loan Co. Owners Say SEC Improperly Expanded Receivership

    A couple accused of scamming 1,200 investors out of nearly half a billion dollars asked the Eleventh Circuit on Wednesday to reverse an order expanding a receivership of their merchant loan business, arguing their due process rights were violated when their personal assets were added to the receivership.

  • June 12, 2024

    Dershowitz Wants Jury To Decide Defamation Suit Against CNN

    An attorney for law scholar Alan Dershowitz told an Eleventh Circuit panel Wednesday the court should revive a $300 million defamation lawsuit against CNN, arguing that a jury should decide whether the news network is liable for intentionally omitting Dershowitz's statements in broadcasts over former President Donald Trump's 2020 impeachment trial.

  • June 12, 2024

    Pleading Flaw Sinks $1.5M Malpractice Award In Miami

    A Miami appeals court on Wednesday vacated a $1.5 million legal malpractice arbitration award against The Ferraro Law Firm, finding the arbitrator had not followed pleading guidelines fairly in awarding the seven-figure award to the firm's ex-client, Royal Merchant Holdings LLC.

  • June 12, 2024

    Saul Ewing, Atty Allowed 'Unconscionable' Lease, Suit Says

    A former Saul Ewing LLP client who is considered a vulnerable adult is suing the firm and one of its partners, claiming the lawyer failed to negotiate the "unconscionable terms" of a lease that required the client to take out a $400,000 loan and allowed his stepbrother tenant to pay rent one-seventieth the property's market value.

  • June 11, 2024

    Fed's New Internal Trading Policy Full Of Loopholes, Sens. Say

    Sens. Elizabeth Warren, D-Mass., and Rick Scott, R-Fla., have called on Federal Reserve Board Chair Jerome Powell to repeal what they say is a "failed approach" to addressing allegedly illicit trading by Fed officials, saying the long-awaited policy is riddled with loopholes, contains weak penalties and requires no transparency for officials who violate the trading rules.

  • June 11, 2024

    Judge Won't Certify Class In Trafficked Cuban Property Suit

    A Florida federal judge said Tuesday he would not certify a class of U.S. nationals with claims to hotel properties seized by the communist Cuban government in their suit against Expedia Group Inc., saying there were too many individual issues in the suit that predominate over the common issues.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    Judge Says Fla. Trans Medical Care Ban Is Unconstitutional

    A Florida federal judge on Tuesday declared that a state law banning gender-affirming care for transgender minors and restricting it for adults is unconstitutional because it was motivated by animus for a specific group of people and serves no legitimate state interest.

  • June 11, 2024

    DOE Urges DC Circ. To Extinguish Furnace Rule Fight

    The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.

  • June 11, 2024

    Restaurant Owner Seeks $414K For Deductible Overpayment

    The owner of two Florida restaurants is seeking reimbursement of over $400,000, telling a federal district court Tuesday that it overpaid a claim deductible for damage stemming from Hurricane Ian after its insurer misapplied the appropriate endorsement.

  • June 11, 2024

    Trump Claims Feds Staged Doc Discoveries At Mar-A-Lago

    Agents searching Donald Trump's Mar-a-Lago estate during a 2022 raid ignored instructions to document classified documents as they were found but instead separated them from personal items and took pictures to show that's how they were initially discovered, according to a motion filed in Florida federal court.

  • June 11, 2024

    Ga. Justices Accept Fla. Atty's Voluntary Suspension

    An attorney suspended by the Florida Bar for myriad failures — including a lack of communication with clients and the submission of illegible court filings — while practicing with Your Jacksonville Lawyer PA was reciprocally suspended Tuesday in Georgia and is currently ineligible to practice in either state.

  • June 11, 2024

    Cigar Co. Can Keep Using Contested 'Dragon' Name For Now

    A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.

  • June 11, 2024

    JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.

    Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.

  • June 11, 2024

    Fla. Judge OKs Strip Club And Dancers' $165K Wage Deal

    A South Florida strip club operator will pay $165,000 to dancers who claimed they were misclassified as independent contractors and denied minimum wages, under a settlement agreement approved by a federal judge.

  • June 11, 2024

    Singleton Schreiber Adds Tribal And Environmental Law Pro

    Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.

  • June 11, 2024

    J&J Inks $700M Deal To End AGs' Talc Marketing Suits

    Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.

  • June 11, 2024

    FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine

    The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.

Expert Analysis

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Young Thug Case Spotlights Debate Over Lyric Admissibility

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    A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

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    A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.

  • Cos.' Trade Secret Measures Must Adjust To Remote-Work Era

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    Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.

  • Safe-Harbor Period Change Could Hinder TCPA Compliance

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    A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.

  • How Justices Could Rule On A Key Copyright Statute

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    Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

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