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Florida

  • August 28, 2018

    Senate Confirms US Attys For Fla.'s Southern, Middle Districts

    The U.S. Senate confirmed two women, Ariana Fajardo Orshan and Maria Chapa Lopez, as the top prosecutors in the Southern and Middle Districts of Florida in a voice vote Tuesday evening.

  • August 28, 2018

    Universal Hits Back At Cert. Bid In 'Warcraft' Text Row

    The companies behind the promotional campaign for the Universal Pictures movie "Warcraft" on Tuesday shot back at a bid to certify a putative class action over an allegedly unlawful text message blast, telling a Florida federal judge that the plaintiffs' "overheated rhetoric" wasn't enough to overcome difficulties with identifying class members or proving they had actually been harmed.

  • August 28, 2018

    Fla. Powerhouses Help State Excel On The Global Stage

    The firms selected as Law360's 2018 Florida Powerhouses reflect the diverse character of the state in their varied histories, sizes and strategies while capitalizing on its rapidly growing industries and status as a crossroads of global business.

  • August 28, 2018

    Atty's Restitution Reduced By $12.2M In Stock Scheme

    A Florida federal judge on Tuesday reduced by $12.2 million the restitution owed by an attorney for allegedly conspiring with former NFL player Willie Gault to inflate a heart-monitor company's stock, finding the attorney was responsible for only $1 million in losses.

  • August 28, 2018

    Aetna Ducks Pediatrix Suit Over Claims Payments, For Now

    A Florida federal judge on Monday trimmed a suit brought by national pediatric services provider Pediatrix Medical Services Inc. alleging Aetna Inc. has engaged in a systematic scheme to pressure and manipulate medical providers to reduce claims payments.

  • August 28, 2018

    Shook Hardy Picks Up International Arbitration Atty In Miami

    Shook Hardy & Bacon LLP announced Tuesday that it has added a multilingual international arbitration expert to its Miami office, where he will bring his expertise in resolving disputes in the construction, energy, infrastructure and hospitality industries.

  • August 28, 2018

    Real Estate Rumors: Pan Am Equities, Sterling Bay, KKR

    Pan Am Equities has reportedly landed $60.6 million in financing for four New York projects, Sterling Bay is said to have picked up a Chicago warehouse for $2.7 million, and a KKR venture has reportedly received $141.5 million in financing for an office tower in Oakland, California.

  • August 28, 2018

    Ambulance Cos. And Clients Ink $21M Deal In Kickbacks Suit

    Several companies in the ambulance industry will together pay more than $21 million to settle allegations that they knowingly submitted claims to Medicare and Medicaid programs that ran afoul of federal bribery laws, in violation of the False Claims Act, according to the U.S. Department of Justice.

  • August 28, 2018

    Estefan Eatery Takes $2.4M Coverage Bid To 11th Circ.

    Famed musicians Gloria and Emilio Estefan's Miami restaurant, Larios on the Beach, asked the Eleventh Circuit to revive its bid for $2.4 million in property damage coverage, asserting that the lower court erred by favoring the insurer based on an argument that wasn't raised by the parties.

  • August 28, 2018

    CVS Ducks Sentry Data's Antitrust Claim, For Now

    A Florida federal judge on Tuesday dismissed an antitrust claim from Sentry Data Systems Inc. alleging CVS is unlawfully forcing health care providers to use its 340B Drug Pricing Program administrator Wellpartner LLC, but left intact allegations the pharmacy giant misappropriated trade secrets to steal customers.

  • August 27, 2018

    Title VII Gay Bias Split Needs To Be Settled, Justices Told

    A former Georgia county worker petitioning the U.S. Supreme Court to find that Title VII of the Civil Rights Act bars discrimination against gay employees on Friday characterized the county's opposition that a circuit split is too “recent” as meritless and its lack of other arguments “deafening.”

  • August 27, 2018

    11th Circ. Denies Geico's Bid To Nix Cert. In Tax, Fee Dispute

    The Eleventh Circuit won’t let Geico challenge the certification of a class of Florida customers who alleged the insurance company flouted its own contract by failing to pay sales tax and transfer fees on leased vehicles after they were totaled, saying Monday the appeal was unnecessary.

  • August 27, 2018

    TTAB Says 'Keto' TMs Are Merely Descriptive Of Diet Products

    The Trademark Trial and Appeal Board has refused to register "Keto Whey" and other similar “keto” names as trademarks, finding they were merely descriptive for a line of ketogenic dietary supplements.

  • August 27, 2018

    Chancery Trims $161M Spanish Broadcaster Investor Suit

    The Delaware Chancery Court on Monday trimmed claims brought against Spanish Broadcasting System Inc. by 11 funds that had invested in the company and are seeking redemption of $161 million in preferred stock and a bar on company debt additions, finding that the investors wanted relief already sought under breach of contract claims.

  • August 27, 2018

    Colo., Fla. Drivers Get Class Cert. In Tire Defect Case

    A California federal judge has granted state class certification for drivers in Colorado and Florida suing the importer and marketer of allegedly hazardous tires whose defects caused their treads to separate from their casings, but has denied certification of a nationwide class of drivers, citing material differences among the consumer protection laws in various states.

  • August 27, 2018

    Real Estate Rumors: Fortis, WeWork, BofA

    Fortis Property Group is reportedly listing a Long Island condo tower for $113 million, WeWork is said to be leasing nearly 7,000 square feet in New York, and Bank of America has reportedly loaned $20 million for refinance and renovations at a Florida hotel.

  • August 27, 2018

    Carnival Got Kickbacks For Selling Travel Policies, Suit Says

    A group of Carnival Corp. passengers launched a proposed class action in Florida federal court alleging the cruise operator aggressively marketed travel insurance policies in exchange for kickbacks from insurers, resulting in higher policy premiums for customers.

  • August 27, 2018

    Massage Envy Hid Sexual Assault Problems, Fla. Suit Claims

    Massage Envy was sued in Florida state court Monday by 11 women alleging the national massage services company "concealed the rampant problem" of customers being sexually assaulted by employees at its franchise locations by not reporting such incidents to law enforcement.

  • August 27, 2018

    Colombian Reporter Says Netflix's 'Narcos' Infringed Memoir

    A former Colombian journalist living in asylum in the United States claimed in a lawsuit filed on Friday that Netflix and the producers of the popular series "Narcos" infringed copyrights covering her best-selling memoir, which detailed her romantic relationship with drug kingpin Pablo Escobar.

  • August 27, 2018

    Aetna Dodges ERISA Suit Over Plan Disclosures At 11th Circ.

    The Eleventh Circuit has affirmed a lower court's decision to toss a dermatologist’s $1.7 million lawsuit accusing Aetna Health Inc. and a subsidiary of violating the Employee Retirement Income Security Act by failing to provide her with copies of her patients' benefits plans.

Expert Analysis

  • What NFL Should Do About Cheerleader Discrimination Claims

    Kerry Garvis Wright

    The National Football League has been implicated in the #MeToo movement as it faces a series of sexual harassment and gender discrimination allegations against individual teams. There are several steps the NFL and its teams can take to remedy these issues, say Kerry Garvis Wright and Aaron Swerdlow of Glaser Weil LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.