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Florida
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May 16, 2024
'Miami Mentor' Joins Goldberg Segalla As Partner
Goldberg Segalla LLP is expanding its Miami team, bringing in a Clarke Silverglate PA commercial litigation defense attorney known as the "Miami Mentor" as a partner.
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May 16, 2024
Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit
A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.
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May 16, 2024
$5.5M Apotex Generic Drug Price-Fixing Deal Gets Initial OK
A Pennsylvania federal judge gave preliminary approval to yet another settlement in the sweeping generic drug price-fixing multidistrict litigation, this time signing off on pharmaceutical company Apotex's $5.5 million settlement with clinics, hospitals and independent pharmacies.
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May 16, 2024
Fla. Seeks To Halt Biden's ACA Trans Discrimination Rule
Florida urged a federal court to stop recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rules would force the state to abandon its health and safety laws or lose funding from the federal government.
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May 16, 2024
US Must Produce Emails Between IRS Managers, Docs Leaker
The government must produce emails between Internal Revenue Service managers and a former contractor who leaked thousands of wealthy people's tax returns, a Florida federal judge has ordered, saying the materials are relevant to a billionaire's case accusing the agency of responsibility for the leak.
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May 15, 2024
Insurer Says Security Co. Not Covered For Nightclub Injuries
A security services company is not owed coverage for three underlying personal injury lawsuits stemming from multiple shooting and stabbing incidents at a Florida gentlemen's club, an insurer told a New York federal court, stating its policies exclude coverage for injuries sustained at clubs and assault.
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May 15, 2024
Peru Ducks $154M Claim Over Seized Gold Shipments
Peru has fended off a Miami-based gold trader's $154 million claim accusing the country of unlawfully seizing its gold shipments, after an international tribunal ruled Tuesday that it lacked jurisdiction and that the trader should be on the hook for all costs in the proceeding.
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May 15, 2024
Fla. Suit Alleging Race Bias In New Voting Districts Proceeds
A Florida federal court has ruled that a lawsuit by five Tampa-area citizens accusing state officials of using race to redraw two new voting districts in their region can proceed, saying the residents do not claim vote dilution and are not required to allege a discriminatory effect.
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May 15, 2024
Little People Wrestling Co. Starts 'Micro' TM Fight With Rival
Low Budget Rock Star Entertainment LLC, which produces wrestling entertainment featuring little people, has accused two men of infringing its trademark by using the word "micro" in their own wrestling ventures, according to a lawsuit filed in Florida federal court.
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May 15, 2024
Russian Gas Ex-CFO Can't Nix $44M FBAR Suit, Judge Rules
The former chief financial officer of a Russian gas company who was sentenced to seven years in prison for hiding money in Swiss banks can't escape the government's civil suit seeking nearly $44 million in reporting penalties, a Florida federal judge ruled Wednesday.
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May 15, 2024
Law Firm Urges Reversal Of Malpractice Arbitration Award
The Ferraro Law Firm urged a Florida appeals court Wednesday to reverse a trial court order upholding a $1.5 million arbitration award against it over alleged malpractice, arguing that its opponent and former client improperly got a successor trial judge to reverse course after the first one vacated the arbitration ruling.
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May 15, 2024
EEOC Suit Over Vax Refuser's Firing Survives Dismissal Bid
Arkansas-based Hank's Furniture Inc. must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a Christian manager who refused the COVID-19 vaccine, with a Florida federal judge ruling the agency plausibly alleged her beliefs conflicted with the company's inoculation policy.
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May 15, 2024
Fla. Sheriff Caved To ICE Detainer On American, Atty Says
Attorneys for a Tampa-area U.S. citizen mistaken for a Jamaican national and nearly deported told a Florida federal judge Wednesday that the Monroe County sheriff lacked probable cause to arrest the man, arguing that the police agency blindly followed a federal immigration detainer without checking its accuracy.
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May 15, 2024
Hemp Co. Settles Sales Dispute With Fla. Regulators
The Florida Department of Agriculture and Consumer Services has inked a deal with a hemp-product maker that accused the agency of overstepping its bounds and using stop-sale orders to block it from selling its hemp products outside the state.
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May 15, 2024
Masters Employee Cops To Selling $5.3M In Golf Memorabilia
A former employee of Augusta National Golf Club pled guilty Wednesday to stealing $5.3 million worth of memorabilia from the Masters golf tournament and selling it online, including a green jacket belonging to Arnold Palmer.
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May 15, 2024
Insurer Wants Payback For Covering Theater Group Theft
An insurance company has asked a Connecticut federal court to force a married couple to pay for coverage it granted a theater education group that it says was bilked out of nearly $588,000 by the pair via personal use of the nonprofit's funds.
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May 15, 2024
Fees Sought For Missed Depo During Atty's Solar Eclipse Trip
In following up on a Florida federal judge's sanctioning of a lawyer whose client missed a deposition while the attorney was solar eclipse viewing, AAA is asking the court to award it more than $7,800 in fees and costs as it fights a gender discrimination lawsuit.
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May 15, 2024
Florida Judicial Ethics Panel Split Over Personal Fundraising
A judicial candidate may distribute business cards and other campaign materials with a web address for his campaign site that includes an option to donate but cannot post a cover photo with that same URL on the candidate's personal Facebook page, the majority of Florida's Judicial Ethics Advisory Committee has found.
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May 14, 2024
Gunster Data Breach Affected 9K Clients' Data, Suit Says
A former client of Gunster Yoakley & Stewart PA has filed a proposed class action in Florida federal court, alleging the law firm's weak cybersecurity systems allowed outsiders to access clients' personal and sensitive health information and that the firm waited over a year to inform those affected.
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May 14, 2024
Asset Manager Cops To $1.2B Venezuelan Oil Co. Fraud
An asset manager pled guilty Tuesday to one count of conspiracy to commit money laundering for his role in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company and launder it through false investment schemes in the U.S. and abroad.
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May 14, 2024
DOI Urges High Court To Uphold Seminole Gambling Compact
Secretary of the Interior Deb Haaland is urging the U.S. Supreme Court to deny a petition by two casino operators seeking to undo a sports gambling compact between the state of Florida and the Seminole Tribe, arguing that such agreements may include provisions that address matters off tribal lands.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
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May 14, 2024
Cannabis Co., Wrigley Heir Settle $7M Investor Suit
An investor that sank $7.4 million into cannabis operator Parallel has settled its suit with the company and its former CEO and heir to the Wrigley chewing gum fortune, according to a mediation report filed in Florida federal court.
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May 14, 2024
Insurer Says Miami Retaliation Scheme Not Covered
An insurer for the City of Miami is seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, telling a Florida federal court that the allegations fall outside the scope of its policies.
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May 14, 2024
Law Firm Must Face Ex-HR Manager's Pregnancy Bias Suit
A Florida federal judge refused Tuesday to allow a law firm to escape a former human resources manager's pregnancy discrimination suit, saying a jury should decide the dispute given the "peculiar" timing of her firing.
Expert Analysis
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How Fla. Bankruptcy Ruling May Affect Equity Owners
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.
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Cos.' Trade Secret Measures Must Adjust To Remote-Work Era
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.
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Safe-Harbor Period Change Could Hinder TCPA Compliance
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.
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How Justices Could Rule On A Key Copyright Statute
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.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
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.
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Insurers Should Prepare For 'Black Swan' Climate Disasters
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.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
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.
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Compliance Primer: Foreign Investment In US Real Property
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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Opinion
Justices Should Nix Section 230 Immunity For Tech
The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.