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Florida
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April 23, 2024
Fla. Atty Subpoenas Google To ID User Posting Fake Reviews
A Florida state court judge granted a motion Tuesday to subpoena Google to unmask what's alleged to be a single anonymous user posting defamatory reviews about a Miami-based attorney and her law firm, arguing that the First Amendment doesn't protect false statements meant to deceive consumers.
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April 23, 2024
Approach The Bench: Judge Rosenberg Fosters Young Talent
Soon after U.S. District Judge Robin Rosenberg of the Southern District of Florida began presiding over her first multidistrict litigation — a case alleging the heartburn medication Zantac caused cancer — she took a novel approach to selecting leadership on the plaintiffs' side.
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April 23, 2024
ABI Names Christopher Ward President, Elects New Directors
Christopher A. Ward of Polsinelli LLP will lead the American Bankruptcy Institute as president for a one-year term, the organization said Tuesday, and U.S. Bankruptcy Judge Bruce Harwood will succeed him next April.
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April 23, 2024
Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering
A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.
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April 23, 2024
Del. Chancery To Rethink Fast-Track Of Truth Social Suit
The judge taking over a Delaware Chancery Court lawsuit that two former "Apprentice" contestants brought against former President Donald Trump's social media company before the Truth Social platform went public will decide at the end of the month whether the suit still needs to be fast-tracked.
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April 23, 2024
Trump 'Detached From Facts' In Fla. Docs Case, Feds Say
Prosecutors in Donald Trump's classified documents case have told a Florida federal judge that the former president's legal team was trying to paint a false narrative of political bias in its motion to obtain more discovery.
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April 22, 2024
Feds Accuse 10 Of Evading Sanctions On PDVSA
Florida prosecutors have charged 10 people over allegations they attempted to evade sanctions on Venezuela by obtaining aircraft parts destined for a state-owned oil company while concealing the scheme from the U.S. government, according to an indictment unsealed Monday.
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April 22, 2024
Miami Seaquarium Operator Fights Eviction Bid In $35M Suit
The operator of the Miami Seaquarium is fighting an alleged attempt by Miami-Dade County to unlawfully terminate its lease, saying in a federal lawsuit it will lose $35 million from a possible eviction that occurred after the company's CEO criticized county officials in an email over the facility's condition.
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April 22, 2024
Jury Begins Deliberating In Ex-Ecuador Official's Bribery Trial
Jurors began deliberating Monday afternoon in Florida federal court on the fate of the former comptroller of Ecuador, who prosecutors say took millions of dollars in bribes and directed his son, a banker in Miami, to launder the money.
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April 22, 2024
Robinhood 'Meme Stock' Investors Lose New Class Cert. Bid
A Florida federal judge has denied a bid from Robinhood investors to file a new motion for class certification in a suit over the trading platform's suspension of so-called meme stock purchases, saying the deadline for class certification has passed and the investors have not shown a good reason to extend it.
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April 22, 2024
Feds Botched Building Contract Prices, Watchdog Reports
Federal building overseers in the Southeast U.S. used distorted pricing for medium-term construction contracts that produced significantly inflated and unreasonably low-cost estimates, according to a government watchdog.
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April 22, 2024
Hedge Funder's IRS Suit Over Leaked Tax Info Gets Trimmed
A Florida federal judge on Monday dismissed part of a hedge fund executive's case seeking to hold the Internal Revenue Service accountable for a leak of his private tax data to the media, saying he failed to show he suffered any damages.
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April 22, 2024
Congress Can Enact Corp. Transparency, Orgs Tell 11th Circ.
Congress is empowered to require American companies to report their beneficial owners to the federal government because there is ample evidence they've previously been used to fund hostile foreign actors, evade sanctions and traffic drugs, two think tanks told the Eleventh Circuit in an amici brief.
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
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April 22, 2024
As DA Aims High, Trump Defense Gets 'Down And Dirty'
Donald Trump lifted the curtain Monday on his strategy to win over jurors in his New York criminal hush-money trial, as a lawyer for the former president hammered the state's "liar" star witness and rejected the prosecution's quixotic framing of the case, experts observed.
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April 22, 2024
High Court Probes Homeless 'Status' In Camping Ban Suit
U.S. Supreme Court justices probed the limits of what might be considered criminalizing status amid oral arguments Monday over whether an Oregon city's law banning camping on public property violates the Eighth Amendment's bar on cruel and unusual punishment.
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April 22, 2024
Senate OKs Permanent Status For 10 Fed. District Judgeships
The U.S. Senate has unanimously passed a bill put forth by a bipartisan group of lawmakers that would transition 10 previously temporary district court judgeships in 10 states to permanent posts, including in Texas, California and Florida.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Foley & Lardner Gains Two Perkins Coie IP Partners
Foley & Lardner LLP has landed two attorneys from Perkins Coie LLP who focus on a range of intellectual property and patent matters and work with clients in the financial technology and software industries, the firm announced Monday.
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April 22, 2024
Trump Led Plot To Undermine 2016 Election, NY Jury Told
A prosecutor told a Manhattan jury on Monday that Donald Trump was the head of a conspiracy to undermine the integrity of the 2016 election through hush-money payments, kicking off the first criminal trial of a former president.
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April 22, 2024
Trulieve Strikes Deal To End Ex-Worker's Whistleblower Suit
Cannabis company Trulieve has reached a deal with a Black former manager to end his suit alleging he was fired after reporting a supervisor's sexual misconduct and several safety violations, according to a filing in Florida federal court.
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April 22, 2024
Coverage Recap: Day 1 Of Trump's NY Hush Money 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 to adult film actress Stormy Daniels ahead of the 2016 election. Here's a full recap from day one.
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April 19, 2024
SBF Inks Deal To Help FTX Investors Go After Promoters
Investors who launched multidistrict litigation over cryptocurrency exchange FTX's collapse asked a Florida federal judge Friday to bless their settlement with founder Sam Bankman-Fried, who has agreed to assist in their case against celebrities who promoted the platform and other defendants alleged to be part of the fraud scheme.
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April 19, 2024
Real Estate Authority: Small Bank Loans, ULI, Lunar Housing
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the rising regulatory focus on small-bank commercial real estate loans, takeaways from the Urban Land Institute's Resilience Summit, and an architect's guide to lunar housing.
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April 19, 2024
TCPA Only Protects Consumers, Fax Co. Worker Says
One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.
Expert Analysis
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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.
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Lessons From DOJ's Handling Of Rare Medicare Fraud Case
The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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How New Fla. Condo Law Will Affect Owners' Finances
As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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5 Privacy And Cybersecurity Resolutions For 2024
In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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The Year Ahead In Foreign Investment And National Security
In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.