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December 17, 2024
The Biggest Copyright Decisions Of 2024
The U.S. Supreme Court made it possible for copyright plaintiffs to pursue damages for periods longer than three years — while leaving lawyers speculating about how long the ruling will stand — and the Second Circuit put an end to a free digital library. Here are Law360's picks for the top copyright decisions of 2024.
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December 17, 2024
Asset Manager Gets 2½ Years For Role In $1.2B PDVSA Scheme
A Florida federal judge on Tuesday sentenced an asset manager who pled guilty to participating in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company to 2½ years in prison.
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December 17, 2024
Heartland Payment Settles Florida School Lunch Card Suit
Parents from Florida and elsewhere have settled a proposed federal class action with a payment processor over alleged unfair surcharges collected after depositing lunch money onto school-sponsored reloadable cards used by their kids.
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December 17, 2024
Fla. Bar Eyes Rule Change On Limits For Non-Atty Roles
The Florida Bar Board of Governors is considering a rule change to spell out that nonlawyers at a law firm cannot supervise the work of attorneys or perform policymaking duties that affect the practice of law, among other prohibited tasks, a spokeswoman for the bar confirmed to Law360 Pulse on Monday.
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December 17, 2024
11th Circ. Affirms NLRB Bargain Order Against Chemical Co.
A chemical manufacturer must comply with a National Labor Relations Board decision ordering it to negotiate with a United Food and Commercial Workers affiliate, the Eleventh Circuit found, rejecting the company's claim that two ballots that could have swayed the vote outcome should have counted.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
11th Circ. Says Citrus Grower's Coverage Row Was Ripe
A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.
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December 16, 2024
Judge OKs Par Funding Receiver's Plan To Distribute $110M
A Florida federal judge on Monday approved a distribution plan by the receiver for Par Funding and authorized the first distribution of more than $110 million that the receiver has collected for the investors who were defrauded in a Ponzi scheme that raised nearly a half-billion dollars.
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December 16, 2024
Congress Sends Biden Another Bill To Help Federal Courts
The House voted 390-0 Monday evening in favor of a bipartisan bill to make permanent 10 judgeships across the country, including in Texas, Florida and California, and the bill now goes to the president's desk.
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December 16, 2024
Contractor, Insurer Seek Early Win In $2.85M Bridge Dispute
A construction company and an excess insurer each sought a pretrial win in Florida federal court over coverage for a demolition subcontractor's faulty work that the construction company said cost more than $2.85 million, after a primary insurer already paid $1 million toward an underlying settlement.
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December 16, 2024
Tax Court Wrongly Cut Easement Deduction, 11th Circ. Told
The U.S. Tax Court erred in drastically reducing a partnership's claimed $23 million deduction for donating a conservation easement in Georgia, the partnership told the Eleventh Circuit, saying the court improperly relied on a real estate expert's opinion to establish whether the land had mining value.
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December 16, 2024
11th Circ. Appears Wary Of Doc's New Trial Bid In $27.5M Case
The Eleventh Circuit on Monday questioned whether a Georgia doctor and his medical practice should get a new trial in a $27.5 million False Claims Act case on the basis that he and an expert who wasn't allowed to testify at trial believed the thousands of treatments he billed for were medically necessary and could be covered by Medicare, saying that contention seems to contradict the doctor's prior statements.
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December 16, 2024
Ecuador Banana Co. Prez Ordered To Jail Over $6.9M Award
A Miami federal judge issued an arrest order for the president of an Ecuadorian banana company that ignored court orders to turn over financial information at the request of Chiquita Brands International, which is trying to enforce a $6.9 million arbitration award.
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 16, 2024
Honeywell Pollution Suit Belongs In Ga. Court, 11th Circ. Told
A Georgia city suing Honeywell International Inc. over the company's alleged pollution of coastal waterways told the Eleventh Circuit Monday that the Environmental Protection Agency's supervision of remediation efforts can't transform Honeywell into a federal officer, thus denying the company the jurisdiction it needs to move the case into federal court.
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December 16, 2024
Honeywell May Split Aerospace Biz Amid Activist Pressure
Honeywell International Inc. on Monday said it is mulling a separation of its aerospace business, after activist investment firm Elliott Investment Management LP in November pushed for the industrial conglomerate to separate itself into two independent companies.
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December 16, 2024
11th Circ. Won't Kick Starbucks Benefits Case To Arbitration
The Eleventh Circuit affirmed Monday that Starbucks can't force a former employee's husband to arbitrate a proposed class action claiming the coffee giant unlawfully failed to tell him about continuing health benefit options after his wife was fired, saying he wasn't bound by the terms of his spouse's employment agreement.
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December 14, 2024
ABC News Agrees To Pay $16M To End Trump Defamation Suit
ABC News has agreed to pay $16 million to end Donald Trump's defamation suit over George Stephanopoulos' on-air description of rulings in favor of writer E. Jean Carroll in her sexual abuse and defamation suits against Trump, according to a settlement filed Saturday in Florida.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
Cardi B Tries To Sink Ch. 11 Of YouTuber Who Owes Her $3.8M
Cardi B has asked a Florida bankruptcy court to dismiss the Chapter 11 case of YouTuber Tasha K, saying she deliberately hid her assets to frustrate the rapper's efforts at collecting on a $3.8 million defamation verdict.
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December 13, 2024
Publix Dodges Punitive Damages Claim In Store Injury Suit
A Florida appeals court on Friday tossed a punitive damages claim in a suit accusing Publix of causing a vendor worker's injuries when a display full of soda cases fell over, saying such a claim requires sufficient allegations of gross negligence.
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December 13, 2024
Duke Energy Accused Of Negligence Ahead Of Data Breach
Duke Energy Carolinas LLC failed to protect sensitive personal information ahead of a data breach in May, and now its current and former customers are at risk of identity theft and tax fraud, according to a proposed federal class action.
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December 13, 2024
Kluger Kaplan Shifting To Bigger Space In Miami Office Tower
Kluger Kaplan Silverman Katzen Levine PL renewed its lease for the 34-story Citigroup Center in downtown Miami, and also plans to move to a new 17,757-square-foot office space within the Class A office tower in the second quarter of 2025, the Citigroup Center announced Friday.
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December 13, 2024
Bipartisan Bills Target US Dependence On Chinese Minerals
A bipartisan group of lawmakers introduced three new pieces of legislation aimed at helping address what it said was America's "deep reliance" on the Chinese Communist Party for critical minerals, after spending months evaluating the issue.
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December 13, 2024
Holland & Knight Beats Malpractice Suit Over College Buy
A Florida state appeals court has refused to revive a malpractice suit against Holland & Knight LLP over its representation of an education investment company in the acquisition of a now-shuttered college.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.