Florida

  • November 25, 2020

    Fla. Health Clinics Get Atty Fee Award Tossed In Injury Case

    A Florida appeals court on Wednesday reversed a trial court's order allowing a law firm to receive its contingency fee from a personal injury settlement ahead of the health care providers who administered care in exchange for a cut of any deal, saying further proceedings are necessary.

  • November 25, 2020

    Disability Groups Criticize Tweak To Fla. Bar Admission Rules

    Investigations into Florida Bar applicants' mental and substance abuse disorders must focus on whether any condition "may impair the ability to practice law," under rule changes approved Wednesday by the state's Supreme Court, but disability groups say the new language doesn't do enough to erase stigmas.

  • November 25, 2020

    Norwegian Cruise Rips Investors' Virus Sales Fraud Claims

    Norwegian Cruise Line slammed investors' claims that it ran a "top-down" deceptive sales campaign downplaying the COVID-19 pandemic to prospective customers in order to stave off revenue losses, maintaining that it doesn't have to disclose allegedly aggressive sales practices.

  • November 25, 2020

    Real Estate Rumors: LibreMax, Mattos Family, Morgan Stanley

    LibreMax Capital is reportedly hoping to sell a $78.6 million New York loan it made earlier this year, the Mattos family has reportedly paid $20.45 million for a Florida retail property and Morgan Stanley is said to have provided $180 million in CMBS financing for a New York office property.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Judge Axes Fla. Fund Investor Suit Over Failed Service

    A Florida-based investment adviser accused of bilking investors out of almost $2 million escaped an investor suit on Wednesday after a judge ruled that the investor had failed to timely serve the lawsuit on the adviser.

  • November 24, 2020

    Fla. Judge Confirms Cinemex Ch. 11 Plan

    A Florida bankruptcy judge on Tuesday signed off on the Chapter 11 reorganization plan for movie theater operator Cinemex Holdings USA Inc. that its attorneys say will allow it to jettison about $200 million in debt and return as a leaner and more competitive business.

  • November 24, 2020

    Mass. AG Says Gym Chain Ignored Cancellations Amid Virus

    The bankrupt parent company of Boston Sports Clubs has illegally charged fees for unwanted memberships and failed to honor cancellation requests during the coronavirus pandemic, Massachusetts Attorney General Maura Healey alleged in a suit Tuesday.

  • November 24, 2020

    11th Circ. Affirms Doctor's Prescription Kickback Conviction

    A Georgia doctor was not harmed by a trial court's erroneous jury instruction over his involvement in a prescription kickback scheme that defrauded the federal government's Tricare military health insurance program, the Eleventh Circuit said in a published opinion Tuesday, affirming his convictions.

  • November 24, 2020

    Real Estate Rumors: Lennar, Goldman Properties, Greenberg

    Lennar has reportedly paid $29 million for 43.7 acres in Florida, Goldman Properties is said to have dropped $5.2 million on two Miami properties, and investor Scott Greenberg is reportedly hoping to build a Chicago arena where as many as 80 people could gather to play virtual reality games.

  • November 24, 2020

    K&L Gates, Simpson Guide First Reserve's $194M Energy Deal

    Electrical transmission and distribution company The Goldfield Corp. said Tuesday it will be acquired by private equity firm First Reserve at a $194 million enterprise value, in a deal guided by Simpson Thacher & Bartlett LLP and K&L Gates LLP.

  • November 24, 2020

    Fla. Courts Factor Vaccine Use Into New COVID-19 Guidelines

    The broader reopening of Florida state courts during the COVID-19 pandemic will be tied to an effective vaccine being put into use, according to the latest guidelines issued by Supreme Court Chief Justice Charles Canady late Monday.

  • November 24, 2020

    Ex-BofA Worker Sues Bank Over 'Deficient' COBRA Forms

    A former Bank of America employee hit the banking behemoth Tuesday with a proposed class action in Florida federal court, alleging the bank provided him and other employees with noncompliant, "confusing and piecemeal" COBRA notices in an effort to save money, willfully violating the Employee Retirement Income Security Act.

  • November 24, 2020

    Home Depot To Pay $17.5M To States Over 2014 Data Breach

    Home Depot Inc. has agreed to pay $17.5 million and improve its data security to resolve a multistate investigation into a 2014 breach that exposed the credit card information of 40 million of its customers nationwide.

  • November 23, 2020

    NBA Star Seeks Docs To See If Judge's Son Presents Conflict

    New Orleans Pelicans star Zion Williamson said attorneys for his former agent suing him for $100 million over their breakup are refusing to produce information needed to assess whether a related matter involving Morgan & Morgan might present a conflict for the Florida state court judge overseeing his case, since the judge's son is a partner with that firm.

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Investor Sues Fla. Fund That SEC Says Stole $2M

    A Florida-based investment adviser that is the target of a U.S. Securities and Exchange Commission enforcement action claiming he bilked investors out of almost $2 million was hit Friday with a second suit from an investor trying to get his money back.

  • November 23, 2020

    11th Circ. Says Georgia-Pacific Drug Policy Open To Question

    An arbitrator could interpret Georgia-Pacific's zero-tolerance drug policy as lacking just cause to fire a union worker who tested positive for opiates, the Eleventh Circuit said, reversing an Alabama federal court's decision that the arbitrator overstepped his bounds with that decision.

  • November 23, 2020

    SEC Fights To Call Spartan 'Shell Factory' At Trial

    The U.S. Securities and Exchange Commission urged a Florida federal court on Friday to reject Spartan Securities' bid to block the use of the term "shell factory" in an upcoming trial over allegations that the broker-dealer was complicit in the creation of sham companies that allegedly fraudulently sold stock.

  • November 23, 2020

    Real Estate Rumors: O'Reilly Auto, GlenLine, GME Alliance

    O'Reilly Auto Parts has reportedly sold a Florida warehouse for $11.65 million, GlenLine Investments is said to have paid $8.4 million for a Maryland industrial property, and GME Alliance is reportedly hoping to build 475 apartment units in Fort Lauderdale, Florida.

  • November 23, 2020

    Judge Backs Sanctions For AWOL EB-5 Fraud Suit Defendant

    A Florida federal judge recommended Monday that a son should follow in his father's footsteps by being sanctioned with the striking of his pleadings and a default judgment for violating court orders and abandoning his defense in a suit accusing him of aiding a $50 million EB-5 investment fraud.

  • November 23, 2020

    Blackbaud Faces Class Suit Over Ransomware Attack

    Blackbaud Inc. has been hit with a proposed class suit claiming the cloud-based software and service provider failed to safeguard users' personal information and did not notify them until months after a ransomware attack compromised their information.

  • November 23, 2020

    Landlord On Hook For NY Sports Club Tanning Center Lease

    A Manhattan landlord lost a bankruptcy court fight in Delaware Monday over claims that it got burned when a tanning salon licensed to use space in a Town Sports International site in Manhattan was left behind in a Chapter 11 lease rejection move by the gym chain.

  • November 22, 2020

    State Court Budget Forecast: Stormy, With Rising Backlogs

    As state lawmakers begin preparing for upcoming legislative sessions amid a resurgent pandemic, a scattered but largely grim outlook for state court funding is beginning to take shape.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • Even In Tropical Florida, Courts Can Still Freeze Debtor Assets

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    As Florida continues to draw new residents, those attracted by the assumption that it is a debtor-friendly locale are in for a surprise as the state's courts can, and do, recognize and enforce foreign judgments, asset freezes and injunctions, say John Chapman and Benjamin Taormina at Holland & Knight.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • How Joe Biden Will Change The FDA: Part 2

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    When the Biden administration takes control of the U.S. Food and Drug Administration, companies can expect to see increased attention to the safety of medical devices, the rigor of audits and inspections, and the concerns of consumer advocacy groups, say attorneys at Covington.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • How Joe Biden Will Change The FDA: Part 1

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    During the Trump administration, the U.S. Food and Drug Administration has tended to issue warning letters and other regulatory tools to secure voluntary corrective actions, but the Biden administration is likely to pursue more vigorous judicial enforcement, including through consent decrees and criminal referrals, say attorneys at Covington.

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

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