Akerman LLP

Development Approval Extensions Available

Governor Scott has recently issued two emergency declarations applicable to specific Florida Counties, providing opportunities for extending certain development approvals and permits within those areas. Section 252.363,…more
| Elections & Politics, Real Estate - Commercial, Real Estate - Residential

What does the Escobar Decision Mean for Healthcare Providers?

On June 16, 2016, the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel Escobar, No. 13-317, — S. Ct. — (June 16, 2016), confirmed that the implied certification theory may serve as a basis for…more
| Civil Procedure, Government Contracting, Health

The Importance of Being Earnest and Objectively Reasonable

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Medical Marijuana’s Florida Debut: A Process Fraught with Constraints

Florida’s limited medical marijuana program is finally almost ready to go live. For those who have been sitting on the sidelines waiting for the right moment to learn about the program, now is that moment. Recently, the Florida…more
| Elections & Politics, Health

New EEOC Guidance on Leave Imposes Greater Obligations on Employers

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave…more
| Civil Rights, Labor & Employment Law

SEC Updates Guidance on Non-GAAP Financial Reporting

On May 17, 2016, the Securities and Exchange Commission (SEC) released updated Compliance and Disclosure Interpretations (C&DIs) related to the use of non-GAAP (Generally Accepted Accounting Principles) financial measures in…more
| Business Organizations, Finance & Banking, Securities Law

Paid Sick Leave Trend May Require Reconsidering Bundled PTO

An expanding patchwork of paid sick leave laws may represent the next challenge for employers trying to keep pace with changing workplace laws. While Congress has failed to pass federal legislation guaranteeing paid leave…more
| Elections & Politics, Labor & Employment Law

Ninth Circuit “Strikes A Pose” For Madonna And Music Sampling In “Vogue” Copyright Dispute

In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a 0.23-second horns segment of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

The FTC’s Analysis of Lord & Taylor’s Social Media Marketing Campaign

New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite the…more
| Antitrust & Trade Regulation, Communications & Media Law, Science, Computers, & Technology

Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more
| Business Organizations, Taxation

Attention Employers: Action Required Before Having Employees or Contractors Sign Non-Disclosure Agreements

In May, President Obama signed the federal Defend Trade Secrets Act of 2016 into law, the details of which we reported in a recent Akerman Practice Update. The Act allows companies for the first time to bring trade secret theft…more
| Commercial Law & Contracts, Elections & Politics, Health, Intellectual Property, Labor & Employment Law

The FTC’s Analysis of Lord & Taylor’s Social Media Marketing Campaign

New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Intellectual Property

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Its Formatting

Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Formatting

Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Intellectual Property

Overtime Beware! The U.S. Department of Labor Releases Its Long-Awaited New Overtime Rule

On May 18, 2016, the U.S. Department of Labor (DOL) announced its long-awaited regulatory change to the salary threshold in the Fair Labor Standards Act (FLSA). The final rule will have a sweeping effect on employers across the…more
| Labor & Employment Law
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