Akerman LLP

Department of Labor Issues New Proposed FLSA White Collar Regulations

On June 30, 2015, the Department of Labor issued its long-awaited Notice of Proposed Rulemaking, which updates the Fair Labor Standards Act (FLSA) regulations relating to white collar employees. The proposed regulation would…more
| Labor & Employment Law

King v. Burwell: An Answer Arrives

Thursday’s Supreme Court decision in the King v. Burwell case can be seen as a major victory for the Obama Administration, resolving, at least for the time being, the continued implementation of the Affordable Care Act by…more
| Labor & Employment Law, Health, Insurance, Taxation

NY State Estate Tax of Nonresident's LLC Determined by Entity Classification

The New York State Department of Taxation and Finance (the department) recently opined that a membership interest in a single-member LLC (SMLLC) owning a New York condominium is real property subject to New York State "estate…more
| Business Organizations, Real Estate - Residential, Taxation, Wills, Trusts, & Estate Planning

Even Planned Surgery May Be “Unforeseeable” Under the FMLA

Employees seeking leave under the Family and Medical Leave Act are supposed to give 30 days’ notice if the need for leave is “foreseeable,” but what does “foreseeable” mean? Based on a recent 11th Circuit Court of Appeals…more
| Civil Procedure, Labor & Employment Law

SEC Announces Broker-Dealer Enforcement Action - Believed to be First in EB-5 Program

On Tuesday, June 23, 2015, the Securities and Exchange Commission (the "SEC") charged two affiliated U.S.-based firms with failing to register as a broker-dealer with the SEC in connection with the firms' solicitation of $79…more
| Finance & Banking, Immigration Law, International Law & Trade, Securities Law

Sirius Wins One in Florida, Florida, Florida!

On June 22, 2015, the Southern District of Florida held that artists have no public performance rights in their pre-1972 sound recordings under Florida law, in contrast to decisions from California and New York in related…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Intellectual Property, Personal Injury

EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation

At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the agency revise its…more
| Civil Rights, Communications & Media Law, Labor & Employment Law

Protection of Identities Not Identical Under Lanham Act §§ 43(a) and 2(a)

In Tartell v. South Florida Sinus and Allergy Center, Inc., the Eleventh Circuit reversed the district court’s finding that the plaintiff’s personal name had acquired distinctiveness as a trademark and that the defendant…more
| Communications & Media Law, Health, Intellectual Property

IRS Expands Identity Protection Program to Cover Additional Taxpayers

The Internal Revenue Service (IRS) recently announced that starting in 2015, taxpayers who filed their 2014 federal tax return with an address in Florida, Georgia, or Washington, D.C. are eligible to obtain an "identity…more
| Privacy, Taxation

State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan Musical

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Conflict of Laws, Business Torts, Intellectual Property

Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more
| Commercial Law & Contracts, Real Estate - Residential

Pregnancy Discrimination Prohibition To Be Included in Florida Civil Rights Act

In April 2014, the Florida Supreme Court held in Delva v. The Continental Group, Inc. that pregnancy discrimination was encompassed within “sex” discrimination as protected in the then-enacted version of the Florida Civil Rights…more
| Civil Procedure, Civil Rights, Labor & Employment Law

OIG Now Targeting Physician Compensation Arrangements

In a Fraud Alert issued on June 9, 2015, the U.S. Department of Health and Human Services Office of Inspector General (OIG) notified the healthcare community that physician compensation arrangements are on the OIG’s radar…more
| Health

Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign…more
| Agriculture, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

WD-40 Squeaks By On Appeal Of Its Summary Judgment Win On “Long-Term Corrosion Inhibitor”

In Sorensen v. WD-40 Company, the Seventh Circuit affirmed the district court’s finding that the use of the term “inhibitor” for a rust-inhibitor product was not trademark infringement and constituted a descriptive fair use. In…more
| Civil Procedure, Intellectual Property
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