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September 11, 2024
Fla. Panel Told ACC's Suit Against FSU Must Play Out First
The Atlantic Coast Conference told a Florida appellate panel Wednesday that a lower court should have paused Florida State University's complaint over sports media rights while a similar lawsuit the ACC brought first in North Carolina proceeds, saying it'll suffer irreparable harm if both actions proceed at the same time.
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September 11, 2024
BCLP Seeks Nearly $1M Unpaid Fees From Miss America Org
Bryan Cave Leighton Paisner LLP launched a suit in Florida state court last week seeking to recoup nearly $1 million in unpaid legal fees plus interest from Miss America Organization Inc. entities, marking the latest legal volley in years-long litigation over the fees.
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September 11, 2024
Invitation Homes' $200M Summer Spend Added 580 SFRs
Single-family rental operator Invitation Homes acquired 580 homes in three key markets over July and August, for a total investment of roughly $216 million, the Dallas-based company said Tuesday.
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September 11, 2024
Shumaker Advisors Adds Ex-Fla. Senate Aide
The lobbying arm of Shumaker Loop & Kendrick LLP, Shumaker Advisors, has added a former staffer in the Florida state senate to run the government affairs operations of its state team.
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September 11, 2024
BurgerFi Flips Into Ch. 11, Burned By Rising Costs
BurgerFi International Inc., the fast casual chain that also has Anthony's Coal Fired Pizza & Wings restaurants under its umbrella, filed for Chapter 11 protection in Delaware on Wednesday, listing up to $500 million in debt and being deluged by increasing operational costs.
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September 10, 2024
Miami-Dade Lied To Get Out Of Deal, Water Park Co. Says
A Florida company claimed a state court lawsuit brought by Miami-Dade County falsely alleges it caused the U.S. National Park Service to skip a required assessment of land owned by the local zoo, saying officials used that as an excuse to rescind a lease for a water park project.
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September 10, 2024
Truth Social Founder Ordered To Disclose Investor Details
A Florida state court judge on Tuesday ordered the founder of former President Donald Trump's Truth Social to turn over investor material in a suit accusing the founder of interfering with the process of taking the company public, holding it's "likely to lead to discovery of relevant and discoverable information."
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September 10, 2024
42 AGs Back Call For Social Media Warning Label Law
A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.
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September 10, 2024
2024's Top Rulings In Native American Law
The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.
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September 10, 2024
DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights
Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.
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September 10, 2024
Spencer Fane Keeps Growing, This Time With Tampa Litigator
Spencer Fane LLP has reinforced its Tampa, Florida office with a litigator whom law firm brass touted for her range in representing clients across several industries.
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September 10, 2024
Southwest Plans Board Shakeup Amid Activist Pressure
Southwest Airlines detailed plans Tuesday to overhaul its board of directors but stood by its chief executive, as the company faces pressure from Elliott Investment Management LP to make leadership changes.
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September 10, 2024
FAMU Must Face Law Professor's Race Bias Claims
A Florida federal judge won't toss a Florida A&M University College of Law professor's suit claiming that she was subjected to race-based discrimination, ruling that although her latest complaint could benefit from "significant refinement," it properly alleges her claims.
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September 09, 2024
Klayman's PGA Tour Antitrust Case Tossed By Fla. Court
Conservative legal firebrand Larry Klayman said Friday he will appeal a Florida court's decision to dismiss his lawsuit accusing the PGA Tour of colluding with the Official World Golf Ranking and others to kill the LIV Golf tour and overcharging spectators.
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September 09, 2024
EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told
The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.
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September 09, 2024
Disability Rights Group Wants In On Ga. Election Law Fight
A Georgia-based disability rights organization asked the Eleventh Circuit on Friday to be let into a legal challenge that successfully blocked two Peach State election law provisions that put additional rules on voting by mail and handing out food and water to voters.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Red States, Industry Look To Sink EPA Vehicle Emissions Rule
The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.
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September 09, 2024
Orrick Trial Pro Jumps To King & Spalding In Miami
A former Orrick Herrington & Sutcliffe LLP partner and trial attorney has made his new home in King & Spalding LLP's product liability and mass torts practice group in Miami, the firm announced Monday.
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September 09, 2024
Judge Settles Suit Over Atty Blackmailing Her With Nude Pics
A Florida state court judge on Monday settled her lawsuit alleging an attorney blackmailed her with nude photos of herself, just weeks before a trial in the case was supposed to begin.
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September 09, 2024
Judge Rejects Ex-Law Prof's Recusal Bid In Retaliation Suit
A Florida federal judge has declined to step away from a retaliation and breach of contract suit brought by a former law professor at Florida A&M University, noting "even if" the professor were correct in asserting the judge had been critical of her, such critiques do not necessitate recusal.
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September 06, 2024
11th Circ. Judge Continues Drum Beat For Bench Use Of AI
An Eleventh Circuit judge who has explored how courts might use artificial intelligence to interpret terms in legal disputes revisited this idea in a recent concurring opinion in a criminal appeal, though he acknowledged the notion is "fairly provocative."
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September 06, 2024
Real Estate Recap: Pol Funding, Investor Angst, Climate Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including which presidential candidates BigLaw real estate pros have backed, where one attorney sees investor confidence despite tough conditions, and how extreme weather events are reshaping the property insurance market.
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September 06, 2024
Ft. Lauderdale Must Face 2020 Protest Suit, But Cops Get Win
A Florida federal judge has ruled that several Fort Lauderdale police officers can't be sued by a protester who alleged that her civil rights were violated in a violent response to 2020 demonstrations over the death of George Floyd but said the city itself must still face various claims in her lawsuit.
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September 06, 2024
Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm
The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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The Uncertain Scope Of The First Financial Fair Access Laws
With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.