Holland & Knight LLP

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel Not Covered by Attorney-Client Privilege

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees said…more
| Art, Entertainment, & Sports Law, Civil Procedure, Education, Labor & Employment Law

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Construction Law, Government Contracting

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and…more
| Administrative Law, Health, Labor & Employment Law, Taxation

DoD Finalizes Cybersecurity and Cloud Computing Rule

On October 21, 2016, the Department of Defense (DoD) issued a final rule following-up on the interim rules it had issued on August 26 and December 30, 2015, regarding safeguarding contractor networks and purchasing cloud…more
| Communications & Media Law, Government Contracting, Military Law, Privacy, Science, Computers, & Technology

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take…more
| Labor & Employment Law, Government Contracting

CMS Finalizes Sweeping Changes to Medicare Physician Payments

The Centers for Medicare & Medicaid Services (CMS) on Oct. 14, 2016, released the highly anticipated Final Rule implementing the Medicare physician payment reforms enacted as part of the Medicare Access and CHIP Reauthorization…more
| Health

What's Old, What's New And What Works: Infrastructure And Affordable Housing Financing In The Post-Redevelopment Era - Corner Briefing: October 2016

This is the fourth edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban…more
| Finance & Banking, Real Estate - Residential

Ten Things to Know About the CMS Long-Term Care Requirements Final Rule

Deadlines are looming to come into compliance with sweeping changes to the Centers for Medicare & Medicaid Services (CMS) requirements for long-term care facilities (LTC) participating in Medicare and Medicaid. The CMS final…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Communications & Media Law, Health, Privacy

DOE to Deploy Funds for Clean Energy and Energy Efficiency Projects in Indian Country

The U.S. Department of Energy's (DOE) Office of Indian Energy has announced its Notice of Intent for funding opportunities ranging from $50,000 to $1 million to maximize the development and deployment of clean energy and energy…more
| Energy & Utilities, Indigenous Peoples

West Coast Real Estate Update: October 2016 #2

California Legislature Revises De Minimis Exemption of Finance Lenders Law - Real estate projects that utilize federal New Markets Tax Credit (NMTC) financing recently received a reprieve from a state licensing requirement…more
| Finance & Banking, Immigration Law, International Law & Trade, Real Estate - Commercial, Real Estate - Residential

Federal Contractors Be Aware: Rule on Tax Delinquencies and Felony Convictions Finalized

The U.S. government finalized on Sept. 30, 2016, regulations amending the Federal Acquisition Regulation (FAR) that will affect an estimated 350,000 federal contractors. These new regulations were promulgated as a result of 2014…more
| Business Organizations, Military Law, Taxation, Government Contracting

Florida Court Deals Big Blow to Plaintiffs Challenging Rural Electric Cooperatives - Ruling Involved Patronage Capital Case Filed Against Gulf Coast Electric Cooperative

Since April 2014, seven cases have been filed in Florida against rural electric cooperatives regarding the distribution of patronage capital. In each of these putative class action cases, the plaintiff – a customer and member of…more
| Civil Procedure, Civil Remedies, Energy & Utilities

CFPB Structure Ruled Unconstitutional and Enforcement Reach Under RESPA Curtailed

The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11, 2016, held unconstitutional the current structure of the Consumer Financial Protection Bureau (CFPB), broadly condemning the agency's unparalleled…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Real Estate - Residential

West Coast Real Estate Update: October 2016

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition…more
| Civil Procedure, Construction Law, Elections & Politics, Finance & Banking, Real Estate - Residential

Supreme Court Punts Again on FCA Claims Specificity

The U.S. Supreme Court recently denied certiorari in United States ex rel. Walterspiel v. Bayer AG. This case, arising out of the Fourth Circuit, raised yet again the question of how much detail a False Claims Act (FCA)…more
| Civil Procedure, Government Contracting, Health, Science, Computers, & Technology
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United States

  • 813-227-8500

Areas of Practice
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