Akerman LLP

FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in Florida

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for public…more
| Elections & Politics, Environmental Law

Recent CyberSecurity Incidents Emphasize Importance of Cyberinsurance

As the threat of cyberattacks continues to pose daily threats to businesses large and small, more companies have turned to cyber insurance products to shore up protection against these disruptive threats. A spate of recent…more
| Commercial Law & Contracts, Health, Insurance, Privacy, Science, Computers, & Technology

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many of…more
| Labor & Employment Law

Requiring A Flu Shot Over Religious Objections: Risky Business

It’s flu season and many employers, particularly those in healthcare, want to require employees to be vaccinated to minimize the spread of illness. But what happens when an employee refuses on religious grounds?…more
| Civil Rights, Constitutional Law, Health, Labor & Employment Law

Governor Scott Extends State of Emergency For Zika Virus, Providing Additional Extension Opportunity for Certain Development Approvals

This summer Governor Scott issued an emergency declaration applicable to 24 Florida Counties, due to an outbreak of the Zika virus. Florida Statute 252.363 provides an extension for permits and authorizations when the Governor…more
| Elections & Politics

New Tools Help Providers Become Smarter Users of Electronic Health Records Systems

Healthcare providers excel at providing care to their patients, not designing IT strategies. Even so, with the trend toward value-based payments increasing, more healthcare providers have turned to electronic health records…more
| Health, Privacy, Science, Computers, & Technology

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Executive Order for Hurricane Matthew Provides New Development Approval Extensions

On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. This is one of several emergency declarations…more
| Elections & Politics, Zoning, Planning & Land Use

Refereeing FMLA Leave: When Making The Call To An Employee On FMLA Leave Is Out Of Bounds

Can I call an employee to answer a work-related question while he is out on FMLA leave recovering from surgery? If he wants to join a conference call, can I let him, or am I exposing the company to a claim that we “interfered”…more
| Labor & Employment Law

Supreme Court Denies Cert To Review 2d Cir. Stoli Decision

The Supreme Court denied review of the 2d Circuit decision on the Stolichnaya trademark…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Toxic Substances Control Act: Landmark Federal Environmental Statute Reformed

In June 2016, President Barack Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bill reforming the Toxic Substances Control Act (TSCA) of 1976. After forty years the landmark…more
| Environmental Law

Best Practices for Safeguarding Protected Health Information in Inclement Weather

As the East Coast prepares for the arrival of Hurricane Matthew, covered entities and business associates should take the opportunity to remind their workforce members to safeguard protected health information (PHI) that is in…more
| Health, Privacy, Science, Computers, & Technology

Supreme Court Rejects Effort By Redskins to Join Slants

The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property

The Florida Agency for Health Care Administration Releases an Invitation to Negotiate for a Vendor to Provide an All Payor Claims Database to Florida Consumers

The Florida Agency for Health Care Administration (AHCA) released ITN 003-16/17 (the “ITN”) to select a vendor to provide All Payer Claims Database (APCD) services pursuant to section 408.05(3)(c), Florida Statutes. The ITN,…more
| Health

Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First Amendment

The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the…more
| Administrative Law, Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property
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Contact: Marlisa B. Serrano, Senior Media Relations Manager

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