Holland & Knight LLP

United States

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The Most Important Issue Involving Superfish Isn’t Superfish

Many of the media reports around the recent Superfish debacle completely miss the main issue. First, though, let's recap what's been alleged about Superfish and similar types of pre-installed software. The allegation is…more
| Communications & Media Law, Science, Computers, & Technology

Validez de prueba de alcoholemia a trabajadores

La Corte Suprema de Justicia en Sala de Casación Laboral publicó en febrero de 2015, mediante la sentencia No. 38381 del 18 de junio de 2014, algunos puntos importantes sobre la validez de la prueba de alcoholemia a los…more
| Labor & Employment Law

"Year of Water" Points to Major Changes During 2015 Florida Legislature

2015 is being called the "Year of Water" for the Florida Legislature. Springs have declined in flow and water quality, aquatic habitats have become degraded, and rivers flowing from Lake Okeechobee and the estuaries of these…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Attorney Withdrawal: Protect the Client, Obey the Court or Go to Jail? - California Formal Op. No. 2015-192 Addresses the Ethical Tensions in Mandatory Withdrawal Between Duties to the Court and Duties to Maintain Client Confidences

In Formal Opinion No. 2015-192, the California State Bar Standing Committee on Professional Responsibility and Conduct addressed the difficult choices faced by lawyers who are ethically required to seek leave to withdraw from a…more
| Civil Procedure, Criminal Law

FAA Proposes Commercial Drone Rules As White House Issues Executive Order - Pending Unmanned Aircraft Systems (UAS) Rules Would Ease Some Restrictions; Privacy to Be Addressed with Stakeholder Input

The Federal Aviation Administration (FAA) released its long-awaited Notice of Proposed Rulemaking (NPRM) on Sunday, Feb. 15, 2015 for the commercial use of small unmanned aircraft systems (UAS), commonly referred to as "drones."…more
| Administrative Law, Elections & Politics, Privacy, Transportation

How Recent Data Breaches are Changing the Face of Cybersecurity for the Private Sector

If "The Year of the Breach" and the rapid start to data breaches in 2015 have taught us anything, it is that any company is susceptible to a cyber attack; and, while data breaches are not a new concept, the way the private…more
| Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

White House Summit on Cybersecurity and Consumer Protection

Many of the nation's leading cyber, data and privacy experts convened Friday at a White House Summit at Stanford University to discuss ways to improve our nation's cybersecurity. During the summit, President Obama signed an…more
| Elections & Politics, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Second Circuit Ends "Doing Business" Test in New York for General Jurisdiction - The Court Adopts the "Essentially at Home" Test Limiting New York Courts’ General Jurisdiction Over Foreign Corporations

In September 2014, the Second Circuit abrogated the nearly century-old "doing business" test used by New York courts in deciding whether general jurisdiction exists over foreign corporations. In Gucci America, Inc. v. Weixing…more
| Civil Procedure, Finance & Banking, International Law & Trade

Lab Tuesday - How Not to Use Apple’s Identifier for Advertising (IDFA/IFA)

Recently, the mobile platforms have played an important role in improving end-user privacy. Along these lines, Apple, in or around iOS version 6.0, created a new, unique identifier that could be used in place of the UDID and MAC…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Unlimited Thoughts About the "Limited Dividend" Requirement in Massachusetts - Definitive Interpretive Guidance Is Needed from the State

Ever since the Massachusetts Supreme Judicial Court's 2002 decision in Board of Appeals of Wellesley vs. Ardemore, the "limited dividend" requirement of the Comprehensive Permit Law (also known as Chapter 40B or the Affordable…more
| Finance & Banking, Zoning, Planning & Land Use, Real Estate - Residential

SBA Proposed Rule Outlines New Mentor-Protégé Program for All Small Businesses - Impacts to All SBA Contracting Programs, Including 8(a) Business Development, HUBZone, Women-Owned Small Business (WOSB) and Service-Disabled Veteran Owned (SDVO) Small Business Programs

The Small Business Administration (SBA) issued a long-awaited notice of proposed rule-making (NPRM) providing for a new mentor-protégé program that will be available to all small businesses. The proposed rule was released on…more
| Business Organizations, Commercial Law & Contracts, Indigenous Peoples, Military Law

What Employers Need to Know About the Expanded Massachusetts Parental Leave Act

On Jan. 7, 2015, then-Governor Deval Patrick signed the Parental Leave Act into law, extending parental leave to male employees in connection with the birth or adoption of a child. The amendment – which becomes effective on Apr…more
| Labor & Employment Law

D.C. Circuit Upholds FTC Ruling on Deceptive Advertising; Rejects First Amendment Challenge

In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising by claiming its products…more
| Antitrust & Trade Regulation, Communications & Media Law, Constitutional Law, Consumer Protection

Ethical Obligations for Florida Attorneys: Advising Clients on Social Media - Rule 4-1.1 and Rule 4-3.4 Describe the Competency and Fairness to Opposing Counsel Considerations

What ethical obligations does a Florida attorney have when advising a client to remove material from social media sites before litigation? Until recently, it was an open question; however, on Jan. 23, 2015, The Florida Bar’s…more
| Civil Procedure

Federal Court Strikes Florida Lawyer Advertising Rules

Finding that "naked paternalism" will not justify "protecting the public from truthful information," a Florida federal court held that two Florida Bar rules restricting attorney advertising violate the First Amendment to the…more
| Communications & Media Law, Constitutional Law, Law Practice Products & Services, Law Firm Marketing
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