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Florida
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May 30, 2024
SEC Cites High Court CFPB Ruling In Market Surveillance Suit
The U.S. Securities and Exchange Commission has told the Eleventh Circuit that a recent U.S. Supreme Court decision finding the Consumer Financial Protection Bureau's funding structure is constitutional should sink a challenge from broker-dealer firms seeking to escape paying for a market surveillance tool.
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May 30, 2024
Court Urged To Bring Fla. College Retirement Fee Suit To Trial
Workers for Embry-Riddle Aeronautical University have urged a Florida federal court to reject the college's bid for an early win in the proposed class action lawsuit over retirement account investments, saying key factual disputes that still remain over whether recordkeeping fees should be hashed out at trial.
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May 30, 2024
Donald Trump Convicted Of All 34 Counts In NY Trial
Former President Donald Trump was convicted by a Manhattan jury Thursday of 34 felonies over a plot to illegally sway the 2016 presidential election in his favor by concealing hush money payments to porn actress Stormy Daniels.
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May 30, 2024
Atty Who Missed Depo Amid Eclipse Trip Slams AAA's Fee Bid
A lawyer sanctioned for missing a client's deposition in Florida when the attorney was viewing the solar eclipse in Arkansas has slammed the AAA organization's related fees request as "hyperinflated" and cited a popular job-hunting website to back up his argument.
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May 30, 2024
Mukasey Frenchman Co-Founder, Ex-DOJ Atty Join Dynamis
A longtime white collar defense lawyer and a former federal prosecutor have joined new white collar defense firm Dynamis LLP as partners, adding to its lineup of attorneys with expertise in cryptocurrency and other complex financial matters.
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May 30, 2024
Morgan & Morgan Settles Ex-Paralegal's FMLA Suit
Morgan & Morgan PA reached a deal with a former paralegal ending her suit accusing the firm of interference and retaliation when she was unlawfully fired, she said, after requesting time off afforded by the Family and Medical Leave Act, the firm told a Florida federal judge Thursday.
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May 30, 2024
Polsinelli Keeps Up Miami Growth With Boutique Litigator
A commercial and real estate litigator from boutique law firm Mark Migdal & Hayden has jumped to Polsinelli PC to become Polsinelli's fourth shareholder addition in its Miami office this year alone.
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May 30, 2024
Gunster Bolsters Employment And Immigration Teams In Florida
Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.
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May 30, 2024
11th Circ. Backs Navy Win In National Origin Harassment Case
An Eleventh Circuit panel refused to revive a former Naval employee's lawsuit alleging he faced harassment as a result of his Nigerian descent, holding a Florida federal judge did not err in finding he failed to establish harassment that was sufficiently severe or pervasive.
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May 30, 2024
What The Trump Verdict Was Like From Inside The Courtroom
Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
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May 29, 2024
11th Circ. Backs SEC Win In Trader's Challenge To 'Dealer' Tag
An Eleventh Circuit panel on Wednesday affirmed the U.S. Securities and Exchange Commission's win in a suit accusing a microcap stock trader of earning $21.5 million while operating as an unregistered dealer, further solidifying the regulator's argument that so-called toxic lenders are considered unregistered dealers.
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May 29, 2024
Fla. Medicare Companies Get Class Cert. In Suit Against USAA
A Florida state court judge granted certification to a class of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer withheld policy information and intentionally passed its obligation to pay automobile injury claims downstream to other companies, according to attorneys representing the group of businesses.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
Judge Says Texas Can't Relitigate DHS Parole Program
A Texas federal judge won't reconsider a March decision dismissing the Lone Star State's challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying Texas is trying to relitigate the court's conclusion that it lacks standing.
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May 29, 2024
Robinhood Reaches Deal To End 'Meme Stock' Investor Suit
Robinhood Markets Inc. told a Florida federal judge Tuesday that it has reached a settlement with investors to resolve a suit over the trading platform's suspension of so-called meme stock purchases, saying it anticipates finalizing the deal within the next two weeks.
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May 29, 2024
Mercedes-Benz Fights Class Cert In Takata Airbag MDL
Attorneys for Mercedes-Benz on Wednesday urged the judge overseeing the multidistrict litigation over allegedly defective Takata airbags to deny consumers' bid for class certification, arguing that the evidence is clear the company didn't know of any defects in the airbags before a recall was issued.
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May 29, 2024
Atty Says SEC Waited Too Long To Secure Civil Penalties
An attorney and her husband have told a Florida federal judge that it's too late for the U.S. Securities and Exchange Commission to reopen its case against them and seek civil penalties over a microcap scheme after almost four years of doing nothing to prosecute the case.
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May 29, 2024
AP Urges Toss Of Suit Alleging It Helped Hamas Attack Israel
The Associated Press has urged a Florida federal court to toss a lawsuit alleging that it aided the attack on Israel last year by publishing pictures taken by freelancers affiliated with Hamas, saying there is no legal basis to hold the news organization liable for aiding terrorism.
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May 29, 2024
CNN Tells 11th Circ. Trump Defamation Claims Fall Flat
CNN called on the Eleventh Circuit to reject former President Donald Trump's attempt to revive his $475 million defamation suit against the network, arguing that its use of the phrase "big lie" to describe his claim that the 2020 presidential election was stolen "does not convey Trump is Hitler."
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May 29, 2024
BakerHostetler, Crowell On Verge Of Settling Client Scam Suit
BakerHostetler and Crowell & Moring LLP appear close to settling a malpractice suit claiming the firms aided and abetted a network of predatory websites, just days after a Florida federal judge authorized discovery into the former client's Slack messages.
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May 29, 2024
Greenberg Traurig Adds Jackson Lewis Litigator In Orlando
Jackson Lewis PC's former Orlando litigation manager has joined Greenberg Traurig LLP as a labor and employment shareholder.
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May 29, 2024
11th Circ. Backs Insurer's Win In Trampoline Injury Suit
United Specialty Insurance had no duty to defend or indemnify a landscaper accused of negligently installing a trampoline that led to a child's injuries, the Eleventh Circuit affirmed, finding that the landscaper's insurance application expressly disclaimed the installation of recreational or playground equipment.
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May 29, 2024
Coverage Recap: Day 1 Of Deliberations In Trump's NY Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from the first day of deliberations Wednesday.
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May 28, 2024
Dominican Air Co. Says CEO Deposition Not Needed In Suits
Dominican air charter company Helidosa Aviation Group SA is urging a Florida federal court not to allow jurisdictional discovery in two suits over the deaths of music producer Flow la Movie, his partner and their 4-year-old son in a 2021 plane crash, saying the court already has all the facts it needs to decide on Helidosa's motion to dismiss.
Expert Analysis
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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.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Opinion
Conflicts Abound When Activist Short-Sellers Publish Reports
The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.