Florida

  • June 23, 2017

    Fla. Gov. OKs Bill To Implement Med. Marijuana Expansion

    Florida Gov. Rick Scott signed legislation Friday to implement a recently passed state constitutional amendment broadening legalization of medical marijuana, a bill that establishes a framework for the state Department of Health to follow in forming rules and regulations for patients, healthcare providers and the supporting industry.

  • June 23, 2017

    Garcetti Urges Mayors To Ramp Up Infrastructure Funding

    Los Angeles Mayor Eric Garcetti told a crowd of mayors gathered at an annual conference in Miami Beach Friday to cut through the partisanship and take chances on infrastructure investment, telling them that the answers to crumbling infrastructure lie in both private investment and tax revenue.

  • June 23, 2017

    Mayors Say Cities Must Take Lead On Fighting Climate Change

    The spotlight shined hot on climate change Friday as the U.S. Conference of Mayors convened in Miami Beach, with leaders of the nation's cities saying they must take the lead on environmental efforts in the face of federal retreat.

  • June 23, 2017

    Caribbean Bottler Gets $1M Award OK'd In Florida Court

    A Florida federal judge Friday signed off on an agreement awarding a Trinidad and Tobago bottling company $1.08 million, after an international arbitrator found that its Panama business partner and bulk perfume purchaser failed to repay its $2 million investment.

  • June 23, 2017

    RJR Tobacco Says ITG Had Duty To Join In Fla. Settlement

    R.J. Reynolds Tobacco Co. told a Delaware chancellor on Friday that ITG Brands LLC relied on tortured contract readings to support claims that time ran out on ITG’s duty to pursue and assume a $30 million yearly payment obligation to Florida to offset harms from tobacco sales.

  • June 23, 2017

    Feds Seek $180M Restitution From Cay Clubs Ponzi Execs

    Prosecutors asked a Florida federal judge on Thursday to order four people convicted of lying to banks and investors in the Cay Clubs Resorts and Marinas to pay the victims $180 million, setting the stage for those who have filed claims to get some of their money back.

  • June 23, 2017

    Dialysis Co. Says United Is Dragging Its Feet On Discovery

    American Renal Associates LLC asked a Florida federal court Thursday to order UnitedHealthcare Inc. to immediately produce documents requested months ago in a suit accusing ARA of improperly profiting by pushing Medicare- and Medicaid-eligible patients to commercial health plans.

  • June 23, 2017

    Chipotle Urges 11th Circ. To Toss Customer’s GMO Suit

    Chipotle Mexican Grill Inc. on Thursday told the Eleventh Circuit that a Florida woman wrongly claimed it had lied about using genetically modified ingredients in its food, saying that it has been transparent about its sourcing of ingredients and was the first national restaurant company to voluntarily disclose its GMO ingredients.

  • June 22, 2017

    Challenge To Fla. Island Development Rights Ruled Too Late

    As construction on the luxurious Prive Island Estates condominiums nears completion just north of Miami, its developer has won a key ruling in Florida state court that neighboring homeowners acted too late to challenge his building rights, but the homeowners say the fight is far from over.

  • June 22, 2017

    Investors Call Coworking Startup Bar Works A Ponzi Scheme

    Bar Works, a startup that purports to be in the shared-workspace business, is now the subject of at least two lawsuits from investors who call it a multimillion-dollar Ponzi scheme.

  • June 22, 2017

    Tobacco Cos. Ask Fla. Justices To Weigh In On Atty Fee Row

    Philip Morris USA Inc. and Liggett Group LLC asked the Florida Supreme Court on Wednesday to reverse the award of attorneys' fees and costs for a smoker who won a $35 million jury award, arguing that the lower courts of appeal are divided on whether or not email service is required to comply with the offer of judgment statute.

  • June 22, 2017

    Honda Asks To Use Takata Guilty Plea In Its Air Bag Defense

    American Honda Motor Co. on Wednesday asked the Florida federal court overseeing the multidistrict litigation over Takata’s potentially deadly air bags to let it use Takata’s criminal guilty plea as part of its defense, saying that the facts therein are crucial to its arguments.

  • June 22, 2017

    11th Circ. Keeps Health Workers’ Convictions In $63M Fraud

    Two Florida mental health counselors convicted of conspiracy for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme will not get a new trial, an Eleventh Circuit panel ruled Wednesday, saying that the jury had enough evidence to reach its verdict.

  • June 22, 2017

    New Prez Will Helm Fla. Bar Through Constitution Revision

    The Florida Bar on Friday will welcome a new president, Berger Singerman LLP partner Michael J. Higer, who will shepherd the organization as it collaborates with the state's Constitution Revision Commission — empaneled only once every 20 years — as it works on potential amendments to the Florida constitution.

  • June 22, 2017

    Ex-Fugitive In Haiti Teleco FCPA Case To Plead Guilty

    A former director at Miami-based Cinergy Telecommunications Inc. accused of bribing Haitian telecom officials in violation of the Foreign Corrupt Practices Act over 10 years ago will plead guilty next month, according to a Wednesday court filing.

  • June 22, 2017

    'Similar Specialty' Expert Can't Save Fla. Foot Surgery Suit

    A Florida woman can’t file a suit alleging an orthopedic surgeon had performed an unnecessary surgery after she injured her foot, a state appeals court ruled Wednesday, as her expert affidavits did not come from a similarly specialized medical professional.

  • June 22, 2017

    Xenia Sells 5 Hotels To Summit Unit In $163M Deal

    Real Estate Investment Trust Xenia Hotels & Resorts Inc. said Thursday it has finalized a $163 million deal to sell a portfolio of five Marriott and Hilton hotels to an affiliate of Summit Hotel Properties Inc.

  • June 21, 2017

    Judge OKs Ponzi Scheme Receiver's $4M Deal With Bank

    A Florida federal judge signed off Wednesday on a settlement of more than $4.2 million between the receiver in hedge fund manager Arthur Nadel's $168 million Ponzi scheme and Wells Fargo Bank NA to resolve the bank's claims on three properties in the Sunshine State and North Carolina.

  • June 21, 2017

    Fla. Gov. Given 5 Days To Answer Petition Over Tree Cuts

    The Florida Supreme Court on Wednesday gave Gov. Rick Scott until Monday to respond to a challenge to his line-item vetoes of $37.4 million that lawmakers budgeted to pay out judgments to more than 70,000 households whose healthy residential trees were cut down by the state in an effort to eradicate the plant disease citrus canker.

  • June 21, 2017

    Provision Limiting Attys Fees In Med Mal Suit Struck Down

    A Florida appeals court ruled that a trial court erred in upholding a provision of a claims bill limiting a law firm's contingency fee in a medical malpractice suit, ruling that the claims bill provision was an unconstitutional impairment of the fee agreement between the parties.

Expert Analysis

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Primary Effects Of Rolling Back Cuba Sanctions Relief

    Paul Marquardt

    A recent presidential directive lays out the framework for rolling back certain Obama-era regulations that eased travel and trade restrictions between the United States and Cuba. Although the action has received extensive coverage, its impact is fairly limited, says Paul Marquardt of Cleary Gottlieb Steen & Hamilton LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Self-Critical Analysis Privilege: Not A Sure Thing

    Jane Warring

    When a company learns of a problem with one of its products, it may conduct tests and evaluate procedures to assess the issue. The self-critical analysis privilege covers companies seeking to protect records of internal investigations and self-evaluative analyses. But jurisdictions are split regarding whether the privilege exists, and if so, in what contexts, says Jane Warring of Clyde & Co. LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Extent Of Pro Athletes' Right To Privacy

    Ronika Carter

    The most important lesson from New York Giants defensive end Jason Pierre-Paul's suit against ESPN is that even matters of genuine public interest in a public figure’s life can be deemed off-limits for publication, says Ronika Carter of Watson LLP.