Florida

  • August 23, 2024

    Real Estate Recap: Key Cases, Proptech Pain, RealPage Suit

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the residential real estate cases to watch in 2024's second half, proptech's recent funding lapse and long-term potential, and a new lawsuit from the U.S. Department of Justice against property management software company RealPage.

  • August 23, 2024

    Fla. IT Worker Pleads Guilty To Working As Chinese Agent

    An information technology worker pled guilty to working as an agent for the Chinese government in Florida federal court Friday, telling prosecutors that he'd worked as a "cooperative contact" for the Chinese since 2012, even tracking Chinese dissidents within the U.S.

  • August 23, 2024

    FTC Regroups After Noncompete Setbacks In Florida, Texas

    A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.

  • August 23, 2024

    Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech

    Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.

  • August 23, 2024

    Wire Verification Not Vital In Fla. Fraud Suit, Wells Fargo Says

    Wells Fargo urged a Florida federal court Friday to toss a lawsuit alleging the bank allowed a hacker to steal a real estate transaction's proceeds, saying there's no obligation to match a wire beneficiary to their account, and it didn't know the transfer was fraudulent because the process is automated.

  • August 23, 2024

    DHS Urges Justices To Bar Review Of Revoked Visa Petitions

    The U.S. Department of Homeland Security has urged the U.S. Supreme Court to find that an immigration law bars federal courts from reviewing revoked visa petitions, saying lawmakers had reduced the possibility of duplicative legal proceedings by preventing judicial review.

  • August 23, 2024

    Court Urged To Reject Stay In $4.8M Panama Arbitration Row

    A Miami businessman and his construction company fired back Thursday against a request from the Republic of Panama seeking to pause discovery in their ongoing battle over a $4.8 million arbitral award against him, arguing that Panama failed to follow court rules before filing the motion and that the delay isn't warranted.

  • August 23, 2024

    Former NY Atty Gets Prison For Theft Of $800K From Clients

    A disbarred New York real estate attorney has been sentenced to prison and ordered to pay restitution for stealing over $800,000 from three former clients by taking their money from his escrow account.

  • August 23, 2024

    Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash

    The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 23, 2024

    Business Or Home? The $1M Question, Judge Says

    A family-run company that spent $7.3 million on a house overlooking San Francisco Bay may have used it for business and so the family's trust could be entitled to a $1 million tax refund for related operating losses, a Florida federal judge said.

  • August 23, 2024

    Taxation With Representation: Latham, Wachtell, Paul Weiss

    In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.

  • August 22, 2024

    10th Circ. Pauses Debt Relief Appeal After 8th Circ. Ruling

    The Tenth Circuit on Thursday paused several states' appeal challenging a Kansas federal judge's injunction that partially barred the Biden administration's latest student debt relief plan, citing a broader injunction the Eighth Circuit issued earlier this month.

  • August 22, 2024

    11th Circ. Nixes Hyundai's Appeal Of $16M Dealership Verdict

    The Eleventh Circuit on Wednesday rejected Hyundai Motor America's attempt to void a $16 million verdict awarded to a Florida dealership in a contract dispute over Hyundai's efforts to launch a separate dealer network for its luxury Genesis line of vehicles.

  • August 22, 2024

    Pennsylvania Hospital Gets 1 Week Reprieve In Steward Ch. 11

    A Texas bankruptcy judge on Thursday approved an order setting general closing procedures for bankrupt hospital operator Steward Health Care, but gave Pennsylvania authorities a week's reprieve as they try to arrange a hospital sale.

  • August 22, 2024

    Takata Airbag Victim's Family Sues Dealer, Victims' Trust Fund

    The family of a woman killed by an exploding airbag made by the now-defunct Takata Corp. is suing the Honda dealership that sold the car and a trust fund formed to compensate people injured or killed by the defective airbags.

  • August 22, 2024

    Fla. Court Urged To Penalize Furniture Chain In Docs Dispute

    The Equal Employment Opportunity Commission has urged a Florida federal court to levy an attorney fees penalty against a furniture chain over its failure to produce documents in an employment discrimination lawsuit, saying the company continues to skirt its obligation to produce information such as emails and financial records.

  • August 22, 2024

    Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground

    Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.

  • August 22, 2024

    Fla. Immigration Attorney Also Disbarred In NY

    A Miami immigration attorney who was disbarred in Florida earlier this year received another blow Thursday when the New York Supreme Court decided that he could no longer practice in its state either.

  • August 22, 2024

    Morgan & Morgan Wants Malpractice Claims In Arbitration

    Morgan & Morgan PA's Jacksonville, Florida, office is pushing back against a former client's claim that the arbitration agreement between them was "unconscionable," saying he failed to produce any evidence proving as much.

  • August 21, 2024

    Fla. Co. To Pay $5M To End CFPB's Illegal Foreclosure Claims

    Florida-based mortgage servicer Fay Servicing agreed Wednesday to pay a total of $5 million and its founder and CEO Edward Fay faces potential pay restrictions to resolve the Consumer Financial Protection Bureau's claims the company violated a prior 2017 agreement and multiple federal laws that protect borrowers against illegal foreclosure practices.

  • August 21, 2024

    FTC Fails 1st Test Of Rulemaking Push In Noncompetes Loss

    The Federal Trade Commission suffered its first definitive loss Tuesday in the push to ban employment noncompete agreements, although the decision probably isn't the final word given a likely appeal and two other pending challenges also viewed as a test of the agency's efforts to expand its rulemaking footprint.

  • August 21, 2024

    Fla. Adviser Settles SEC Dispute Over Alleged Audit Lies

    A Florida-based investment adviser has settled a dispute with the U.S. Securities and Exchange Commission over allegations he breached his fiduciary duties when he lied to investors about completing required audits on their investment funds, according to documents filed Wednesday in Boston federal court.

  • August 21, 2024

    11th Circ. Affirms Toss Of Banana Wall Art Copyright Suit

    The Eleventh Circuit affirmed an Italian artist's win over a pro-se copyright lawsuit from California-based artist Joe Morford concerning art pieces the two made that both incorporate duct-taped fruits, holding they were not "strikingly similar."

  • August 21, 2024

    Fla. Real Estate Co.'s Assets Frozen After $56M Ponzi Claims

    The U.S. Securities and Exchange Commission has secured an asset freeze in its suit against a Florida-based real estate investment company whose managers misused tens of millions of investor proceeds, including by paying investors "in a Ponzi-like fashion."

  • August 21, 2024

    Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival

    A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q2

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    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.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    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.

  • Opinion

    A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue

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    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.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    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.

  • Series

    Boxing Makes Me A Better Lawyer

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    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.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    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.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    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.

  • Roundup

    After Chevron

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    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.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    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.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    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.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    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.

  • Zoning Reform May Alleviate The Affordable Housing Crisis

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    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.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • Fair Use Doctrine Faces Challenges In The Generative AI Era

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    As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.

  • Fla. HOA Reforms Bring Major Wins For Homeowners

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    A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.

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