Florida

  • March 23, 2017

    Union Stonewalled Disney Workers Over Dues, Judge Says

    A National Labor Relations Board judge on Wednesday ordered a Teamsters union representing Walt Disney Parks and UPS employees to let eight union members stop paying dues, finding that even though some of the workers' requests to leave the union were filed late, the organization made it unfairly difficult for workers to get their resignation requests in on time.

  • March 23, 2017

    Miami Hints At Suing Airbnb To Stop Illegal Renting

    The Miami City Commission voted Thursday to look into the possibility of suing platforms like Airbnb as a means of curbing short-term rentals in residential neighborhoods where they're prohibited by zoning laws.

  • March 23, 2017

    Alice Dooms Vote Verification Patent, Judge Rules

    A Florida federal judge has dismissed a patent suit by Voter Verified Inc. against Elections Systems & Software LLC, holding that a patent on a vote verification system covers nothing more than the abstract idea of collecting and verifying votes.

  • March 23, 2017

    Cozen Continues Miami Growth With 3 Commercial Litigators

    Cozen O'Connor has continued its rapid growth in Miami, announcing the addition of three commercial litigators it says will contribute in a variety of areas, including contracts, antitrust cases, bankruptcy fraud, real estate and construction matters, and litigation involving government entities.

  • March 23, 2017

    Siemens Accuses Power Plant Co. Of Trade Secrets Theft

    Siemens Energy Inc. sued Alin Machining Company in Florida federal court Thursday, alleging the power plant parts and services provider breached a confidentiality agreement and stole its trade secrets in order to make and sell knockoff replacement parts for Siemens’ energy turbines.

  • March 23, 2017

    Real Estate Rumors: Blumberg, Lightstone, Restoration

    Blumberg & Freilich Equities has reportedly bought a Chicago apartment building for $23.5 million, Lightstone is said to have scored $85.3 million for a New York project, and Restoration Hardware is in talks to lease an entire Miami building.

  • March 23, 2017

    Private Equity Co. Wants Quick Win Against $89M IP Suit

    Energy companies locked in a battle over patent licensing for an energy catalyzer filed dueling motions for summary judgment in Florida federal court this week, with the patent owner insisting it has a right to enforce its contract and the licensees saying the device didn’t perform as promised.

  • March 23, 2017

    Text Recipient Has Standing For TCPA Suit, Judge Says

    A Florida federal judge held Wednesday that a man accusing used-car dealer Off Lease Only Inc. of violating the Telephone Consumer Protection Act with unsolicited texts and calls has standing for his proposed class action, saying he alleged a sufficient injury under the U.S. Supreme Court’s landmark Spokeo decision.

  • March 23, 2017

    Judge OKs Subway’s Record $31M FACTA Settlement

    A Florida federal judge has signed off on the largest settlement in the history of the Fair and Accurate Credit Transactions Act, a nearly $31 million deal between Subway and a class of consumers alleging the sandwich chain unlawfully printed full credit card expiration dates on receipts.

  • March 22, 2017

    11th Circ. Affirms $2.1M Verdict In Wright Hip Implants Suit

    The Eleventh Circuit has affirmed a $2.1 million jury verdict in favor of a patient who won the first bellwether trial against Wright Medical Technology over its allegedly defective metal hip implants, supporting the trial judge's decision to order the confused jury to conduct further deliberations.

  • March 22, 2017

    Fla. Bar Prez Decries Planned Legal Aid Budget Cuts

    The Florida Bar president took a stand Tuesday against President Donald Trump's plans to fully eliminate funding for legal aid funding organization Legal Services Corp.

  • March 22, 2017

    Fla. Senators Delve Into Medical Marijuana Rules Proposals

    The Florida Senate took a step Wednesday toward formulating a plan for implementing a constitutional amendment legalizing medical marijuana that passed in November, with treatment center licenses, consumption methods and qualifying conditions coming up as major issues as the Health Policy Committee reviewed multiple proposals.

  • March 22, 2017

    Ford Sued For Alleged Defect In Shelby Racetrack Mustangs

    Car enthusiasts who were expecting to be able to race like the greats in their Shelby GT350 Mustangs from Ford Motor Co. were disappointed because of a pair of defects that cause the cars to lose speed and power mid-drive, according to a proposed class action in Florida on Wednesday.

  • March 22, 2017

    Lien Spat Certified As Question Of Import To Fla. High Court

    The town of Lauderdale-by-the-Sea, Florida, will get one more shot in its dispute with a landowner over liens on a property bought at a foreclosure sale after an appeals court Wednesday certified the issue as a question of great importance to the Florida Supreme Court.

  • March 22, 2017

    Del Monte Seeks To Halt Pineapple Sales In Contract Dispute

    Food giant Del Monte asked a Florida federal court Tuesday to block a juice company buying pineapples from a former grower, one from which it won a $32 million arbitration award and injunction for breach of a contract prohibiting it from selling the particular strain.

  • March 22, 2017

    DOJ Settles Immigrant Discrimination Case With Pizza Chain

    The U.S. Department of Justice said Wednesday that it has reached a settlement with a Miami-based pizza restaurant franchisee to resolve claims the company violated federal immigration laws by unlawfully requiring immigrants authorized to work in the U.S. to present certain documents.

  • March 22, 2017

    Sysco Seeks Dismissal Of Hidden Fuel Surcharge Class Suit

    Food distributor Sysco Corp. urged a Florida federal judge Tuesday to dismiss a putative class action alleging it “double-dipped” when billing businesses by tacking a new fuel surcharge on top of per-item prices it charged customers that already include the cost of fuel, telling the judge that the proposed class has failed to state a claim.

  • March 21, 2017

    Subway Strikes Record $30M Deal In FACTA Receipt Suit

    Subway has struck a nearly $31 million settlement with a putative class of customers who allege the sandwich chain unlawfully printed full credit card expiration dates on receipts, marking the largest-ever settlement under the Fair and Accurate Credit Transactions Act, according to a Florida federal court filing Tuesday.

  • March 21, 2017

    Fla. Senate Eyes Tax Credit Repeal Over Insurers' Warnings

    Despite warnings of lost jobs and increased premiums for Florida policyholders, a state Senate panel on Tuesday voted to repeal insurers' long-standing tax credit on in-state employee salaries, and to shift the tax relief to a broader base of businesses by reducing a tax on commercial leases.

  • March 21, 2017

    Ex-Telemundo Worker Says He's Owed Unpaid Wages

    A former Telemundo employee slapped the media company with a Fair Labor Standards Act collective action Tuesday, alleging he is owed unpaid wages and was fired for complaining when he wasn't paid for overtime work.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Employer Hope Amid Pending Wage And Hour Law Changes

    Daniel A. Krawiec

    While there is presently a sea of confusion and uncertainty swirling around U.S. Department of Labor overtime exemptions, employers can take solace in the fact that a recent decision from a Florida federal court demonstrates potential jurors are able to understand the proper use of exemptions and apply them fairly and to the benefit of employers accused of violating the Fair Labor Standards Act, says Daniel Krawiec of Hinshaw & Culbertson LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • The 'Marriage Before Injury' Rule And Wrongful Death

    Rebecca Kibbe

    In a 2-1 ruling, Florida's Fourth District Court of Appeal recently found that the common law "marriage before injury" rule means a widow may not collect loss of consortium damages after her husband's death, allegedly due to to premarital asbestos exposure. But the strong dissent and notable public policy concerns suggest the Florida Supreme Court will take up the issue, says Rebecca Kibbe of Manion Gaynor & Manning LLP.

  • Florida Condo Fraud Laws Should Protect Directors

    Rosa M. de la Camara

    The Miami-Dade County grand jury's final report has confirmed the existence of financial and election fraud in many Miami-Dade condominiums. The report recommends that directors be held personally liable for certain acts or omissions even when "willful conduct" has not been established, but such a blanket approach would ultimately be adverse to the interests of most condominium owners, say Rosa de la Camara and Marlyn Perez-Martine... (continued)

  • Facing Judgment For The Securities Law Violation Of Another

    Shmuel Vasser

    The Eleventh Circuit's decision in Lunsford v. Process Technologies has potentially significant implications for directors, officers and other responsible persons who may find themselves on the hook vicariously for securities violations of the company, perhaps in turn due to the acts or omissions of a subordinate employee, say Shmuel Vasser and Andrew Harmeyer of Dechert LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.