Akerman LLP

FCC Settles Data Breach Investigation with Cox Communications

Recently, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a settlement with Cox Communications (Cox) resolving an investigation into whether the cable operator failed to properly protect its…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Deadlines Approach to File 2015 Development Approval Extensions

In August, Governor Scott issued a statewide emergency declaration as well as a more localized emergency declaration, providing opportunities for extending certain development approvals within the state of Florida…more
| Construction Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Santa Claus Will Leave The Building In 2016 — Author’s Heirs Prevail Over EMI

In Baldwin, et al. v. EMI Feist Catalog, Inc., the Second Circuit Court of Appeals was tasked with determining when and how the rights to the song “Santa Claus is Comin’ to Town” (the “Song”) would properly terminate. The heirs…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which…more
| Civil Procedure, Products Liability

Identifying Overpayments Under the ACA’s 60-Day Rule Creates Additional Uncertainty in Determining False Claims Act Liability

Under the Affordable Care Act (ACA), healthcare providers that receive an overpayment from Medicare or Medicaid are required to report and return the overpayment to the government within 60 days after the date on which the…more
| Government Contracting, Health

TTAB Makes Double Brown Ale Open to Nut Sack Mark

In a ruling bound to please 15 year-old boys everywhere, the USPTO Trademark Trial and Appeal Board (“TTAB”) reversed the Examining Attorney’s refusal to register the trademark NUT SACK DOUBLE BROWN ALE (in standard character…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Parody Writers Take Note: Fair Use Parody + New Elements = Copyright Protection

On October 30, 2015 the Second Circuit held that an unauthorized parody that makes “fair use” of its source material is eligible for copyright protection and that copyright protection may extend to a work that exhibits the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

OIG Issues Favorable Opinion Giving Green Light To Health System’s Shuttle Service

The Office of Inspector General (OIG) recently issued another advisory opinion on free patient transportation (OIG Adv. Op. No. 15-13, dated October 21, 2015). In the opinion, the OIG addresses whether providing patients a free…more
| Health, Transportation

Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks. Educational…more
| Construction Law, Education, Real Estate - Residential, Zoning, Planning & Land Use

Culture of Safety Wins: Federal Patient Safety Law Preempts Amendment 7

Florida’s First District Court of Appeal issued its opinion in the highly watched case of Southern Baptist Hospital of Florida, Inc. v. Charles et al. The First District Court ruled that the federal Patient Safety and Quality…more
| Civil Procedure, Conflict of Laws, Health

Preparing for the Approaching ACA Reporting Deadlines

With ACA reporting deadlines quickly approaching, many employers should be preparing to address the various reporting requirements in order to avoid the significant fines and penalties associated with non-compliance. As of…more
| Labor & Employment Law, Health

$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more
| Elections & Politics, Finance & Banking, Real Estate - Residential

“My, what beautiful eyes you have . . .” – Biometric Data and Privacy

Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for…more
| Commercial Law & Contracts, Immigration Law, Labor & Employment Law

SEC Settles Charges Against Investment Firm that Failed to Adopt Cybersecurity Policies Before Data Breach

Recently, the SEC announced that R.T. Jones Capital Equities Management, a St. Louis-based investment adviser, agreed to settle charges that it failed to establish the required cybersecurity policies and procedures before a data…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law
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