Akerman LLP

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Miami, FL 33131-1714, United States

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Justice Department Continues to Target Health Care Providers with "Barrier-Free" Initiative

The Department of Justice's recent settlement with a Chicago-based hospital system is the latest reflecting the agency's continuing pursuit of claims against health care providers – small and large -- who fail to provide…more
| Civil Rights, Health

New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

USPTO: Over Half of Applications/Declarations Studied Over-Claim Covered Goods/Services

It has been the practice of some brand owners to include more goods in a use-based trademark application or declaration than were actually being used. Under TTAB precedent such as Medinol v. Neuro Vasx, Inc., 67 USPQ2d 1205,…more
| Civil Procedure, Communications & Media Law, Intellectual Property

NLRB Rules That Employers Must Permit Non-Business Use of Email

The National Labor Relations Board, in a 3-2 decision, has held that employee use of email for activities directed to terms and conditions of employment must presumptively be permitted by employers who have given employees…more
| Labor & Employment Law

Update: Time Spent Going Through Security Is Not Indispensable and, Therefore, Is Not Compensable

In an important decision under the Fair Labor Standards Act, the Supreme Court has issued a ruling in Busk v. Integrity Staffing Solutions, Inc. in favor of employers. As previously discussed in October, the Court had to…more
| Civil Procedure, Labor & Employment Law

Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Fourth District Court of Appeal Holds Sales Tax Against Florida Corporation on Out-of-State Sales is Unconstitutional

In American Business USA Corp. v. Department of Revenue, Case No. 4D13-1472 (4th DCA November 12, 2014), the Fourth District Court of Appeal held that an assessment of sales tax pursuant to a provision in Florida's sales tax…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Taxation

Florida's Minimum Wage Increases to $8.05 in 2015

As 2014 comes to a close, employers must be aware of the pending increase in wages for their nonexempt employees. Florida's minimum wage will increase to $8.05 on January 1, 2015. With the increase, Florida's required minimum…more
| Labor & Employment Law

Reimbursement Changes, Shift to Consumerism Discussed at Akerman Healthcare Briefing

Changing reimbursement models and a shift to consumerism were two of the hot topics discussed at Akerman LLP's recent Healthcare Briefing event titled "Financial and Corporate Implications of the Affordable Care Act: A Look at…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Health

President Obama Outlines Executive Action on Immigration

President Obama has ambitiously announced several executive actions that have the potential to impact undocumented immigrants, as well as employers, foreign national workers, and their spouses. While these efforts are focused on…more
| Elections & Politics, Labor & Employment Law, Immigration Law

Court Slaps Down EEOC Subpoena, Refusing to Allow Agency to Expand its Investigation

The Equal Employment Opportunity Commission has broad authority to investigate allegations of employment discrimination. But there are limits to that authority, as illustrated by a recent Eleventh Circuit Court of Appeals…more
| Civil Rights, Labor & Employment Law

Deadline Extension to Elect Portability of Unused Estate Tax Exemption

Those who have been involved with an estate of a decedent who died in 2010, 2011, or 2012, should be aware of an important upcoming deadline. The IRS has granted an extension of time (only until December 31, 2014), to elect…more
| Taxation, Wills, Trusts, & Estate Planning

ACO Participation By Tax-Exempt Healthcare Organizations – Is Tax-Exempt Financing at Stake?

Does A Tax-Exempt Healthcare Organization’s Participation in an Accountable Care Organization (ACO) Adversely Affect Its Tax-Exempt Financing? IRS Notice 2014-67 Provides Guidance…more
| Commercial Law & Contracts, Health, Taxation

New York Court of Appeals Reaffirms the Separate Entity Rule

On October 23, 2014, the New York Court of Appeals issued an opinion in Motorola Credit Corp. v. Standard Chartered Bank, --- N.E.3d ----, 2014 WL 5368774, 2014 N.Y. Slip Op. 07199 (N.Y. Oct. 23, 2014), reaffirming New York's…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Self-Insured Group Health Plans: Two Deadlines to Note

As 2014 winds down, plan sponsors are likely thinking ahead to some of the significant changes that will take effect in 2015, most notably, the employer "pay or play" mandate under the ACA. However, there are two deadlines that…more
| Labor & Employment Law, Health
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Practice Groups
Areas of Practice
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400+ Attorneys

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