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Florida

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    3M Wins In 2nd Bellwether Trial Alleging Faulty Earplugs

    3M was cleared of liability Friday in the second bellwether trial in a 236,000-plaintiff class action over claims its combat earplugs didn't protect service members' hearing the way they were supposed to, according to counsel for both sides.

  • May 28, 2021

    Carnival Dodges Investor Suit Over COVID-19 Response

    A Florida federal judge said Friday that investors hadn't shown any "severe recklessness" on the part of Carnival Corp. in connection with the cruise line's public statements about the risks posed by COVID-19 as the pandemic was breaking out.

  • May 28, 2021

    Miami Group Says Airbnb Ruling May Hurt Arbitration In Fla.

    A Miami-based arbitration group warns that a Florida appeals court's ruling on arbitrability involving a couple who stayed at an Airbnb property runs contrary to almost every federal and state decision on the issue, saying most courts give arbitrators the power to decide whether to arbitrate a case.

  • May 28, 2021

    11th Circ. Frees Apartment Insurers From Claims Over Murder

    Insurance companies notified two years too late of a murder and assault at an Atlanta apartment complex don't have to indemnify the apartments' owner and manager for the $7 million settlement of an underlying suit, the Eleventh Circuit held.

  • May 28, 2021

    Fla. Ride-Hailing Lender Would Refund $1M Under CFPB Deal

    The Consumer Financial Protection Bureau has reached a deal to settle its deceptive practices suit against a Florida fintech lender catering to drivers for ride-hailing companies, asking a Miami federal judge to approve terms that require the company and its CEO to return roughly $1 million to consumers and pay a fine.

  • May 28, 2021

    11th Circ. Upholds Convictions Of Ex-Balch Partner, Coal Exec

    The Eleventh Circuit upheld the bribery convictions of a coal company executive and a former Balch & Bingham environmental partner, saying it found no reason to disturb jury findings that the two paid an Alabama legislator to help dodge Superfund cleanup liability.

  • May 28, 2021

    Fla. Court Affirms Class Cert. In Water Main Break Row

    A Florida state appeals court has upheld class certification for thousands of Fort Lauderdale businesses seeking hundreds of millions of dollars in economic damages after a water main break in 2019 forced them to temporarily close.

  • May 28, 2021

    Ga. City Tells 11th Circ. Trans Bias Suit Correctly Dismissed

    A Georgia city asked the Eleventh Circuit to back a lower court's dismissal of a discrimination suit brought by its former fire chief, who claimed she was fired because of anti-transgender bias, saying she didn't follow proper procedure before filing the case.

  • May 28, 2021

    11th Circ. Rejects Berkshire Bid To Ax $4M Insurance Award

    The Eleventh Circuit has agreed with a Florida federal court that a Sunshine State woman's life insurance policy was illegally procured, though the appellate court otherwise stayed Berkshire Hathaway's appeal of the ruling that it owes $4 million until the Delaware Supreme Court answers several questions.

  • May 28, 2021

    Real Estate Rumors: Ambach, Freeway Logistics, CFH

    Investor Mark Ambach is reportedly hoping to build 200 apartment units in Lake Worth Beach, Florida, Freeway Logistics is said to be leasing 97,440 square feet in Houston, and developer CFH Group has reportedly gotten the green light to build 266 apartments near the Miami International Airport.

  • May 28, 2021

    2 Firms Rep Black Knight's $250M Deal For Marketing Biz

    Black Knight Inc. said Friday it's buying mortgage industry marketing automation company Top of Mind Networks from Primus Capital and other investors in a $250 million deal guided by Florida law firm Smith Hulsey & Busey and Goodwin Procter LLP.

  • May 28, 2021

    Receiver's Rare Step Gives Investors New Hope After FBI Raid

    Facing a situation unlike any he had ever encountered, a Florida attorney appointed to protect the assets of a software developer that had been raided by the FBI turned to an arcane tool to transform its defrauded investors into shareholders of a new $11 million company.

  • May 28, 2021

    Freeman Mathis Adds Labor Litigator In Tampa

    Litigation firm Freeman Mathis & Gary LLP announced Thursday the addition of a new labor and employment partner out of its Tampa office.

  • May 28, 2021

    Staffing Biz Wants Refund For Nixed 'Super-Spreader' Event

    Georgia staffing company Insight Global LLC is asking a court to invalidate the $735,000 cancellation fee a Florida hotel charged it after halting a January conference the company said would have been a "super-spreader" COVID-19 event.

  • May 27, 2021

    Fla. Man's 17-Year Sentence Wraps $80M Medicare Fraud Case

    A Miami man was ordered to serve 17½ years in federal prison Thursday, the eighth and final defendant to be sentenced in a case over an $80 million Medicare fraud conspiracy run through Florida and Michigan.

  • May 27, 2021

    RJR Never Quit Most Dangerous Cigarettes, Expert Testifies

    A tobacco historian testifying as an expert witness in a widow's trial against R.J. Reynolds acknowledged Thursday that the company poured money into developing a safer cigarette in the 1980s — $1 billion, by the company's reckoning, he said — but never pulled its traditional cigarettes from shelves.

  • May 27, 2021

    Fla. High Court Upholds State's Medical Marijuana Framework

    The Florida Supreme Court on Thursday backed key elements of the state's medical marijuana regulatory framework and said it disagreed with lower courts' findings that a license applicant had shown it was likely to succeed with several constitutional challenges to licensing rules.

  • May 27, 2021

    Tech Orgs Say New Fla. Social Media Law Limits Free Speech

    Two technology industry groups on Thursday filed the first suit challenging Florida's new law prohibiting social media companies from blocking political candidates, claiming the law unconstitutionally restricts those businesses' speech rights.

  • May 27, 2021

    Coronavirus Litigation: The Week In Review

    Two New Jersey universities have escaped claims that they owe students tuition and refunds for switching to virtual instruction during the pandemic, a top New York judge is among those opposing landlords trying to overturn statewide eviction protections, and a Southwest Airlines flight attendant seeks to preserve her suit alleging the airline's failure to adhere to coronavirus safety protocols caused her to contract the virus and infect her late husband.

  • May 27, 2021

    Real Estate Rumors: LeFrak, Cayuga, KeyBank

    A LeFrak Organization affiliate has reportedly paid $24.5 million for a Miami Beach apartment complex, Cayuga Capital is reportedly hoping to sell a Brooklyn property for $65 million and KeyBank is said to have loaned $58.9 million for a Florida assisted living and memory care project.

  • May 27, 2021

    Feds Fight Parnas' Bid For Disclosure Of Giuliani Docs

    The federal government has pushed back against a bid from Lev Parnas, the Florida associate of former President Donald Trump's lawyer Rudy Giuliani, to compel the disclosure of certain search warrant materials seized from Giuliani, arguing the materials aren't relevant to the indictments at hand.

  • May 27, 2021

    ICE Detention Co. Can't Limit Claims In $1 Daily Wages Trial

    Private prison giant GEO Group Inc. can't invoke a Washington wage law's three-year statute of limitations to limit the state's case in a jury trial on allegations that it paid $1-a-day wages to immigrant detainees, a federal judge held Wednesday.

  • May 27, 2021

    Fla. High Court Tells Judicial Candidates To Cool Down Tactics

    The Florida Supreme Court approved a reprimand Thursday for an attorney who impugned a sitting judge's integrity during a failed campaign for a county court judicial seat, and added a warning to future judicial candidates that this kind of behavior will not be tolerated by the court.

  • May 27, 2021

    Lender Seeks Nix Of Law Firm's Interference Claim

    A litigation loan provider has urged a Florida federal court to drop a law firm's claim that the financier unlawfully sought to interfere with a business deal between the attorneys and their clients in a long-standing qui tam suit against MetLife Inc. as the related loan went into default.

Expert Analysis

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • And Now A Word From The Panel: Location Is Central

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    The Judicial Panel on Multidistrict Litigation's recent decision to centralize lawsuits over coffee labeling in Missouri, rather than in the locations suggested by either the plaintiffs or the defendants, highlights how venue selection can be one of the most unpredictable aspects of MDL practice, says Alan Rothman at Sidley.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • FDCPA Rulings Show Spokeo's Influence, 5 Years Later

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    After the U.S. Supreme Court's 2016 Spokeo v. Robins decision made it harder for plaintiffs to establish violations of consumer protection statutes such as the Fair Debt Collection Practices Act, federal appeals courts didn't immediately fall in line — but recent decisions suggest that the tide may be turning, say Brett Watson and Karl Riley at Cozen O'Connor.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Illinois Ruling Clarifies Ch. 7 Substantial Contribution Claims

    Excerpt from Practical Guidance
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    In its recent Concepts America decision, the Illinois bankruptcy court didn't settle the debate over Chapter 7 substantial contribution claims, but provided useful guidance regarding a conflict that is likely to continue absent appellate precedent or legislative action, say Daniel Merrett and Mark Douglas at Jones Day.

  • Lessons From COVID Securities Rulings On Dismissal Bids

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    Motions to dismiss the first pandemic-related securities class actions were met with varying degrees of success, but show that plaintiffs still face hurdles bringing claims related to COVID-19's impact on a company's operations, and highlight ongoing litigation and enforcement risks issuers should consider, say Robert Long and Elizabeth Clark at Alston & Bird.

  • Counties' Suit Against VW Could Complicate Emissions Regs

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    If the U.S. Supreme Court declines to overturn the Ninth Circuit's decision permitting counties to sue Volkswagen over tampering with automobile emissions control devices, the result could create significant uncertainty around federal administration of vehicle emissions regulations, says John Mizerak at Covington.

  • Incentivizing Customers In States Banning Vaccine Passports

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    As several states make vaccine passports illegal, businesses that want their customers vaccinated should try incentives rather than making services conditional, which could run afoul of anti-discrimination laws, say Chase Hattaway and Michael Tessitore at Rumberger Kirk.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

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