Trenam Kemker

Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential. Four days after the parties signed the settlement…more

| Civil Procedure, Civil Remedies, Labor & Employment Law

Employers Must Decide Whether to Pay or Play By 2015 (or is it 2016?)

The employer “shared responsibility” provision of the Affordable Care Act, is commonly referred to as an “employer mandate.” But it is more aptly called the “pay or play” rule, because employers will still not technically be…more

| Labor & Employment Law, Health, Taxation

Serving Privilege Log After Denial of Protective Order

In this insurance case, the trial court denied State Farm’s motion for protective order. On Appeal, State Farm argued that the trial court should have conducted an in-camera review or addressed the objections to the discovery. …more

| Civil Procedure, Civil Remedies

Protesting Classified Acquisitions

Even if an acquisition limits competition under one of the exceptions in Federal Acquisition Regulation 6.302, interested parties can still protest. One example of this is when interested parties protest classified acquisitions…more

| Civil Procedure, Government Contracting

No Discovery After Settlement

In this foreclosure case, certain borrower-defendants stipulated to a deficiency judgment, while one defendant did not. The non-settling defendant prevailed at trial on the basis that the lender lacked standing to pursue the…more

| Civil Procedure, Finance & Banking, Real Estate - Residential

Postage-Meter Mark May Rebut Date Listed in Certificate of Service

In this foreclosure case, the bank moved for reconsideration after trial. The certificate of service in the motion listed the last day (day 10) to serve the motion. The postage-meter, however, listed the following day (day…more

| Civil Procedure, Real Estate - Residential

Loan Servicer May Verify Foreclosure Complaint

In this residential foreclosure case, the trial court dismissed an amended complaint whose verification was signed by a person on behalf of “Wells Fargo Bank, N.A. as contractual servicer for US Bank National Association.” …more

| Civil Procedure, Finance & Banking, Real Estate - Residential

This Land is Your Land...Or Is It?

As the economy has improved in recent years, the state road department, municipalities and public utilities have all been gearing up to construct needed projects. To do this, the government typically requires lands in private…more

| Constitutional Law, Energy & Utilities, Zoning, Planning & Land Use,...

Vexatious Litigant – Case Dismissed with Prejudice

In this tort case, the appellate court affirmed a dismissal order finding a pro se plaintiff to be a “vexatious litigant,” which according to Florida Statute § 68.093, includes a pro se litigant “who, in the immediately…more

| Civil Procedure, Constitutional Law

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.