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February 05, 2024
Music Publisher Asks Justices To Limit Copyright Damages
Warner Chappell Music Inc. urged the U.S. Supreme Court on Monday to limit the damages a plaintiff can recover in copyright ownership litigation to three years before a complaint is filed, arguing that the only time a party can extend that period is for instances involving fraud.
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February 05, 2024
Walmart Slip Suit Revived After Panel's Video Review
A man who slipped on water at Walmart will get to continue his case after an Eleventh Circuit appellate panel overturned summary judgment in favor of the retail juggernaut, ruling that a jury could reasonably find water on the floor not only caused the slip but was there long enough for Walmart to fix the hazard.
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February 05, 2024
Fla. Bar Probing Scandal-Plagued Miami City Atty
Miami City Attorney Victoria Méndez, who is being sued for allegedly running a scheme with her husband to pressure homeowners into below-market sales, is now also facing a Florida Bar investigation, a bar spokesperson confirmed Monday.
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February 05, 2024
Kirkland Guides Thoma Bravo On $1.5B Everbridge Buy
Kirkland & Ellis LLP-led Thoma Bravo has agreed to purchase Everbridge, represented by Cooley LLP, in a take-private deal that values the critical event management software company at approximately $1.5 billion, the companies said Monday.
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February 05, 2024
Healthcare Group Cano Health Hits Ch. 11 With $1.3B Debt
Primary care group Cano Health Inc. has filed for Chapter 11 protection in Delaware bankruptcy court, saying it will be pursuing a prearranged double-track plan to either restructure its $1.26 billion in debt or seek a buyer.
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February 02, 2024
Real Estate Authority: Fannie, Freddie And Chevron Deference
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments in California, Florida and New York — and on how a U.S. Supreme Court rollback of Chevron deference could affect Fannie Mae and Freddie Mac.
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February 02, 2024
NY Judge Urged To Force FBI's Release Of Epstein Docs
Gossip site Radar Online urged a New York federal judge to "once and for all" reject the FBI's "recycled arguments" to withhold investigative records of the late Jeffrey Epstein, saying that it's not legally sufficient to refuse disclosure just because they could influence witnesses in a possible retrial for co-conspirator Ghislaine Maxwell
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February 02, 2024
Insurance Coverage Excluded In Condo Sale, 11th Circ. Told
An insurance company urged the Eleventh Circuit on Friday to reverse a lower-court decision forcing it to provide coverage in a Florida condominium sale gone wrong, saying it was excluded from defending a claim against a real estate agent accused of converting the transaction's proceeds.
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February 02, 2024
Fla. Prosecutors' Improper Comments Sink Drug Conviction
A Florida state appeals court threw out a man's drug convictions on Friday due to "inflammatory and abusive" statements prosecutors made about him to the jury, finding the comments were improper to the point that he should get a new trial even though his defense attorney didn't object to the state's comments at the time.
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February 02, 2024
Biden Admin Hits Back At Objections To H-2A Wage Increases
The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.
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February 02, 2024
Foreign Liquidators Say SEC Plan Is Counter To Cayman Law
Liquidators appointed by a Cayman Islands court to wind down a Cayman-based feeder fund of a Florida investment firm accused by the U.S. Securities and Exchange Commission of defrauding hundreds of investors urged the Eleventh Circuit on Friday to toss a distribution plan they say contravenes Cayman Islands law.
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February 02, 2024
Fla. Judge Must Face Deposition In Ethics Case Against Rival
A Florida state appellate judge cannot avoid being deposed in the ethics case against his former campaign rival, as a disciplinary panel found Friday that he does not qualify for a policy that allows officials to escape deposition under certain circumstances.
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February 02, 2024
11th Circ. Sides With Chinese Citizens In Fla. Land-Buy Row
A unanimous Eleventh Circuit panel granted two of four Chinese citizens' bids to freeze enforcement of a Florida law barring nationals of certain countries from owning land, saying they showed "a substantial likelihood of success" that the state regulation is preempted by federal law.
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February 01, 2024
3 Firms Net $1.9M Fee In Celsius Investors' Stock Payout Suit
A legal team comprising litigators from Grant & Eisenhofer PA, Klausner Kaufman Jensen & Levinson and The Reeves Law Firm will receive a fee of over $1.9 million for their work on an investor suit, alleging drink company Celsius improperly inflated its revenue.
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February 01, 2024
Nestle Wins Exit Bid In Lime-Flavored Perrier False Ad Suit
A Florida federal judge on Thursday tossed with prejudice a proposed class action alleging the label on Nestle USA Inc.'s Perrier drinks misleads consumers on how much lime it puts in the carbonated water beverage, saying the label does not use language suggesting the drink is made with lime.
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February 01, 2024
Fla. Suits Over College Group's 'Deactivation' Get Tossed
A Florida federal judge on Thursday tossed two lawsuits alleging that university officials violated the free speech rights of a pro-Palestinian student group following an order to disband, saying the group could not plausibly show that "deactivation is imminent."
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February 01, 2024
Stimwave Trustee Seeks Stay Of Perryman Actions In Ch. 11
Stimwave Technologies' liquidating trustee asked a Delaware judge to pause almost all the adversary suits by the company's ex-CEO and her family until the court can mull its objections to the claims.
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February 01, 2024
Fla. Justices Affirm Appraisal Ruling In $8M Irma Damage Row
The Florida Supreme Court affirmed a decision to send an insurer's $8 million Hurricane Irma damage dispute with a condominium association to appraisal, holding Thursday that trial courts do have discretion in determining the order in which coverage and amount-of-loss issues are resolved.
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February 01, 2024
Models Say Atlanta Clubs Stole Glamor Shots For Promo
A group of models filed a pair of lawsuits in Georgia federal court Thursday accusing two Atlanta-area clubs of illegally lifting photos from their social media accounts and using them to promote their respective venues online.
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February 01, 2024
Hertz Controllers Saw $126M In Short-Swing Profits, Suit Says
The controlling shareholders of car rental company Hertz Global Holdings Inc. were hit with an investor suit in New York federal court alleging they realized at least $126 million in short-swing profits by selling their shares shortly before the company's directors greenlit a $2 billion stock repurchase program.
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February 01, 2024
Ex-Trump Org. CFO Faces Possible Perjury Charge, Mulls Plea
Donald Trump's longtime top financial officer Allen Weisselberg is in plea negotiations related to potential perjury charges stemming from his testimony in the New York attorney general's civil fraud trial, according to a source familiar with the matter.
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February 01, 2024
Publicis Reaches $350M Opioid Settlement With All 50 States
Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.
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February 01, 2024
Meme Stock Investors Want To Revive Suit Against Apex
Meme stock investors asked the Eleventh Circuit on Thursday to revive their suit looking to hold broker-dealer Apex Clearing Corp. liable for trading losses, arguing that the lower court erred in determining that Apex did not owe any duty to the investors.
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February 01, 2024
Dentons Adds Venture Tech Pro From Nelson Mullins In Miami
Dentons announced Thursday it is continuing recent growth in its venture capital and emerging companies practice with a new partner in Miami who comes from Nelson Mullins Riley & Scarborough LLP and specializes in matters involving Latin America and Brazil.
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February 01, 2024
Greenberg Traurig Hires Ballard Spahr's Ex-Fintech Leader
Greenberg Traurig LLP announced the addition of the former co-leader of Ballard Spahr LLP's financial technology and payment solutions team on Wednesday, touting its new shareholder's experience helping consumer finance industry clients get approval to put new fintech products on the market.
Expert Analysis
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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And Now A Word From The Panel: Baseball And MDLs
With the Judicial Panel on Multidistrict Litigation meeting on MLB opening day, Alan Rothman at Sidley explores connections between the national pastime and MDL, including sports-related proceedings in the areas of antitrust, personal injury, and marketing and sales.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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What Esports Ruling Means For College Title IX Compliance
A Florida federal court's recent ruling in Navarro v. Florida Institute of Technology, that esports are not subject to Title IX scrutiny, could guide internal audits but might also permit unchecked loopholes — so colleges should watch for case law that may alter or qualify the determination, say Christina Stylianou and Gregg Clifton at Lewis Brisbois.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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4 Ways State Oversight May Change Nationwide Health Deals
With California soon to become the most recent state to increase its oversight of health care mergers, acquisitions and investments, attorneys should consider how these updated state regulations may increase the costs, timelines and disclosure requirements for national deals, say John Saran and Jaclyn Freshman at Ropes & Gray.
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Opinion
Evaluating The Legal Standing Of Natural Elements
Wednesday's observance of World Water Day invites questions about anthropocentric or ecocentric approaches to the rights of natural elements as thinking shifts about the legal standing of such resources, say Susan Lutzker at Lutzker & Lutzker and Thomas Wallentin at Kunz Wallentin.
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Do Choice-Of-Law Provisions Curb Fla. Telemarketing Claims?
The rise of Florida Telephonic Solicitation Act class actions begs the question of whether claims can survive when another state's law applies under the parties' contract — but there is ample precedent with respect to other Florida consumer statutes, say Aaron Weiss and Charles Throckmorton at Carlton Fields.
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A Bankruptcy Doctrine May Soon Be Before The High Court
The Fifth Circuit's recent use of the Barton doctrine, where the court recommitted to dismissing claims against court-appointed fiduciaries when plaintiffs fail to obtain permission before bringing suit, stands in contrast to Eleventh Circuit limitations, meaning the issue may be ripe for U.S. Supreme Court review, say Maxwell Weiss and Daniel Lowenthal at Patterson Belknap.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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Ill. BIPA Rulings Highlight Safety Valve For Defendants
Two recent Illinois Supreme Court Biometric Information Privacy Act rulings, along with federal court decisions on analogous statutory damages claims, provide a host of potential defense tools to undermine possibly inequitable and unreasonable outcomes, say Jason Stiehl and Erika Dirk at Crowell & Moring.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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States Shouldn't Fear HIPAA When Improving Gov't Services
As the looming end of the COVID-19 public health emergency motivates states to streamline their processes for individuals seeking public benefits, they should generally not have to worry about violating the Health Insurance Portability and Accountability Act when sharing data across government services, says Jodi Daniel at Crowell & Moring.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.