Florida

  • June 27, 2017

    Father Fights Disney's Quick Win Bid In Accommodation Row

    The father of an autistic child urged a California federal judge to deny Walt Disney Parks and Resorts Inc.'s move for a quick win on his claims that the company’s treatment of autistic guests is discriminatory, arguing they have raised valid questions about the sufficiency of Disney’s disability program.

  • June 27, 2017

    Defense Pushes For Prosecutor Testimony In $1B Fraud Case

    Federal prosecutors pursuing a $1 billion Medicaid fraud case against a Florida businessman failed Tuesday to secure a quick escape from having to provide live testimony in connection with his bid to disqualify them after he raised concerns about sworn statements they offered as a potential substitute.

  • June 27, 2017

    Chilean Co. Receiver Fights Bankruptcy In $7.4M Fraud

    A court-appointed receiver for companies linked to a Chilean fugitive that U.S. securities regulators say bilked investors out of $7.4 million continued a fight against creditors trying to push the case into bankruptcy, arguing that the request is a veiled attempt to undermine the receivership and acquire the companies' assets for foreign constituents at the expense of investors.

  • June 27, 2017

    Darden Wants FACTA Suit Stayed Pending Spokeo Ruling

    Darden Restaurants Inc. urged a Florida federal judge Tuesday to wait to decide a case claiming it violated the Fair and Accurate Credit Transactions Act, saying the judge is set to rule on a strikingly similar suit that also addresses the U.S. Supreme Court’s Spokeo v. Robins ruling.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    Colombian Anti-Corruption Official Accused Of Taking Bribes

    Colombia's top anti-corruption official and an attorney were arrested Tuesday on charges filed in Florida that they laundered money and solicited bribes to obstruct an investigation into a former Colombian governor who is now cooperating with U.S. authorities.

  • June 27, 2017

    Real Estate Rumors: Robert Buford, East End, Berkshire

    A venture that includes Planned Property Management's Robert Buford is said to have dropped $100 million on a Chicago apartment tower, an East End Capital venture has reportedly scored a $57.9 million loan for a Florida residential and retail project and Berkshire Group is said to have bought a Florida apartment complex for $100 million.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    State Law Prevails In Fla. Eminent Domain Case, Judge Says

    Property owners whose land will be taken in order to build the Sabal Trail Transmission LLC’s natural gas pipeline should be compensated under Florida’s more generous law instead of under federal rules, a Florida federal judge decided on Tuesday, declining the pipeline company’s bid for a quick win on the issue.

  • June 27, 2017

    Fla. Judge Denies Uber Driver's FLSA Certification Bid

    An Uber driver lost his bid to certify a Fair Labor Standards Act collective action Tuesday, when a Florida federal judge said he’d failed to show there are other similarly situated Uber employees who want to opt in to his wage-and-hour suit.

  • June 27, 2017

    Supreme Court Declines To Hear Class Action Tolling Case

    The U.S. Supreme Court on Tuesday declined to hear a case that centered on how strict the Securities Act's three-year statute of repose is, after a Monday ruling by the high court helped to clarify the same issue.

  • June 27, 2017

    11th Circ. Affirms Win For Fla. Developer In $12M Hotel Fight

    The Eleventh Circuit has affirmed a defense win for a Florida developer who defeated $12 million in fraud claims brought by two Middle Eastern companies over a hotel project investment, ruling there was nothing wrong with the trial court's instructions to the jury.

  • June 27, 2017

    Judge Won’t Approve Fla. Chicken Chain’s TCPA Deal

    A Florida federal judge refused to approve a $975,000 settlement between a fast-casual chicken restaurant operator and a proposed class of consumers who sued over alleged federal Telephone Consumer Protection Act violations, saying there was not enough information on how the class was compiled.

  • June 26, 2017

    U.S. Mayors Make Clean Energy Reliance A National Priority

    The U.S. Conference of Mayors concluded its annual meeting Monday in Miami Beach, Florida, by announcing its members voted unanimously to make a commitment to moving their cities toward 100 percent use of clean and renewable energy by 2035.

  • June 26, 2017

    Ga. Wants In On Suit Over Water Plan For River Basin

    Georgia asked Monday for permission to intervene in a suit challenging the environmental impact statements used to update the U.S. Army Corps of Engineers' plan to manage the Apalachicola-Chattahoochee-Flint River basin, arguing that the state should be involved in a case involving its water usage.

  • June 26, 2017

    Fla. Gov. Picks Close Ally In Choice Of Ex-Rep. As State CFO

    Florida Gov. Rick Scott on Monday announced former state Rep. Jimmy Patronis as his choice to be the state's next chief financial officer, calling the Panama City restaurant owner “my good friend” and touting his experience running a small business.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

Expert Analysis

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • 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.