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D. Matthew Allen	Supreme Court Holds Named Plaintiff Cannot Bind Class To Amount In Controversy Below CAFA Threshold To Avoid Federal Court Jurisdiction The Supreme Court issued the second decision this term that will impact class action law. The issue in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (March 19, 2013) concerned the common practice of a plaintiff who files a…more Amount in Controversy, CAFA, Class Action, Class Certification, Damages	See All Updates »
Cristina Alonso	Tips For Trial Counsel On Planning, Preparation And Preservation: Creating Defensible Jury Instructions And Planning For A Charge Conference Jury instructions are the mechanism that provides the jury with the proper legal structure to analyze the evidence that has been presented at trial. Without proper guidance through good instructions on the law, the jury is not…more Charge Conferences, Jury Instructions, Standing Objections, Trial Strategies	See All Updates »
E. Kelly Bittick Jr.	The Use And Misuse Of Expert Testimony In Bad Faith Actions Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or…more Admissibility, Bad Faith, Daubert Standards, Evidence, Expert Testimony	See All Updates »
Steven Brodie	Q&A With Carlton Fields' Steven Brodie Steven Brodie, a shareholder with Carlton Fields, is a commercial litigator in state and federal courts. Q: What is the most challenging case you have worked on and what made it challenging? Originally Published…more Bad Faith, Career Development, Interviews	See All Updates »
Daniel Brown	First DCA Opinion On Sinkhole Loss Coverage May Impact Property Insurers In Florida This opinion was issued today by the First District Court of Appeal (1st DCA). This opinion potentially impacts insurers authorized to transact property insurance in Florida in connection with existing and future sinkhole loss…more Insurers, Loss Coverage	See All Updates »
Patricia Calhoun	Business Associates And HIPAA Compliance Pursuant to HIPAA, business associates of health care organizations have until September 23, 2013 to become HIPAA-compliant. This alert sets forth the factors often used to determine whether a company will be considered a…more Business Associates, Compliance, HIPAA	See All Updates »
Gregory Cesarano	Q&A With Carlton Fields' Gregory Cesarano At Carlton Fields, Greg Cesarano focuses his practice on defense of corporations and manufacturers in products liability and commercial claims. He also leads Carlton Fields’ products and toxic tort liability practice group,…more Class Action, Consumer Product Safety Commission, DUI, FDCA, Food Labeling	See All Updates »
Nancy Ciampa	Amendments To Florida Rule Of Judicial Administration On Public Access To Judicial Branch Records On March 28, the Florida Supreme Court issued a decision adopting several proposed amendments to Florida Rule of Judicial Administration 2.420, Public Access to Judicial Branch Records. The amendments, which become effective May…more Confidential Information, Judicial Records	See All Updates »
Robert Ciotti	BP Settlement Claim After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast Region,…more BP, Class Action, Eligibility, Gulf Oil Spill, Settlement	See All Updates »
Jeffrey Cohen	Motions In Limine: Uses, Abuses, And Pitfalls Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the…more Evidence, Motions in Limine, Trial Strategies	See All Updates »
Jeffrey Michael Cohen	The Use And Misuse Of Expert Testimony In Bad Faith Actions Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or…more Admissibility, Bad Faith, Daubert Standards, Evidence, Expert Testimony	See All Updates »
Chris Coutroulis	Best Practices In Reducing Cost And Managing Risk In Class Action Litigation Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012,…more Class Action, Legal Costs, Risk Mitigation	See All Updates »
Kelly Cruz-Brown	Capitol Report: Bill Revising Florida’s 2012 Captive Insurance Law Passed By 2013 Florida Legislature Committee Substitute for House Bill 1191 (CS/HB 1191) makes several changes to Florida’s captive insurance law to remedy unintended consequences that may have resulted from the 2012 enactment of Committee Substitute for…more Captive Insurance Company, Proposed Legislation	See All Updates »
Philip Diamond	IRS Temporarily Liberalizes Requirements For Employment Tax Partial Amnesty Program But June 30th Deadline Looms Many companies struggle with how to classify their workers for tax purposes. Are they employees? Or, are they independent contractors?…more Deadlines, Independent Contractors, IRS, Misclassification, VCSP	See All Updates »
Thomas Dye	Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference with…more Competition, Hiring & Firing, Non-Compete Agreements, Non-Disclosure Agreement, Trade Secrets	See All Updates »
Julie Ferguson	Corporate Compliance After Immigration Reform The so-called Gang of Eight – a bipartisan group of Senators – unveiled its proposed immigration legislation yesterday. The landmark legislation would make the biggest changes to U.S. immigration law in more than 25 years. A…more Compliance, DHS, DOL, E-Verify, H-1B	See All Updates »
Thomas Ferrante Jr.	What To Expect From The Affordable Care Act In 2013 On March 23, 2010, President Obama signed into law the health care reform bill, the Patient Protection and Affordable Care Act. This legislation, along with the Health Care and Education Reconciliation Act of 2010, makes…more 3.8% Medicare Tax, Affordable Care Act, Deductions, Flexible Spending Accounts, Health Insurance Exchanges	See All Updates »
Linda Fleming	What To Expect From The Affordable Care Act In 2013 On March 23, 2010, President Obama signed into law the health care reform bill, the Patient Protection and Affordable Care Act. This legislation, along with the Health Care and Education Reconciliation Act of 2010, makes…more 3.8% Medicare Tax, Affordable Care Act, Deductions, Flexible Spending Accounts, Health Insurance Exchanges	See All Updates »
Christopher B. Freeman	Financial Coverage Issues: Obtaining D&O Proceeds Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type…more D&O Insurance, Duty to Defend, Final Adjudication Clause, Legal Costs, Punitive Damages	See All Updates »
Adriana Gardella	Rating the Performance of Diverse Juries: A Scientific Perspective The subject of diversity often elicits strong, entrenched ideological opinions. But Sam Sommers, an associate professor of psychology at Tufts University, is more intrigued by the facts—what can be noted, objectively, about…more Diversity, Jury Duty	See All Updates »
Rheb Harbison	Florida Legislature Passes Manufacturing Competitiveness Act Today, the Florida Legislature passed the Manufacturing Competitiveness Act (HB 357). The bill, which now heads to Governor Rick Scott for signature, significantly streamlines local and state regulation and approvals, giving…more Competition, Economic Development, Manufacturers	See All Updates »
Nicole C. Kibert	Greening Your Law Firm Going green is critical to address climate change, improve efficiency, cut expenses, and be positioned for the changes and stresses sure to come. Given our state’s precarious position with regard to sea level rise and risk of…more Green Procurement Policy, Greenwashing	See All Updates »
Allison Kirkwood	Florida Supreme Court Makes Clear That Concepcion Is Valid And Binding In Florida In light of the Florida Supreme Court’s recent ruling in McKenzie Check Advance of Florida, LLC v. Betts, 38 Fla. L. Weekly S223, 2013 WL 1457843 (Fla. April 11, 2013), it is now clear that Concepcion applies to class action…more	See All Updates »
Adam Koppel	Class Certification Affirmed In Homeowners’ Action Against Law Firm Alleging Violations Of FCCPA And FDUTPA In Law Offices of David J. Stern, P.A. v. Hewitt, 106 So. 3d 489 (Fla. 4th DCA 2013), the District Court of Appeal of the Fourth District of Florida reviewed a trial court order certifying a class of homeowners in an action…more Class Action, Class Certification, Debt Collection, FCCPA, Foreclosure	See All Updates »
Joseph Lang Jr.	Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a directors…more Damages, Directors, Exclusions, Liability, Officers	See All Updates »
David M. Leonard	Financial Coverage Issues: Obtaining D&O Proceeds Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type…more D&O Insurance, Duty to Defend, Final Adjudication Clause, Legal Costs, Punitive Damages	See All Updates »
Wendy Lumish	Q&A With Carlton Fields' Wendy Lumish Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured…more Business Development, Interviews, Jury Instructions, Oral Argument, Punitive Damages	See All Updates »
Ellen Koehler Lyons	Florida Supreme Court Issues New Offer Of Judgment Decision Today the Florida Supreme Court issued an extremely important decision regarding proposals for settlement/offers of judgment (“OJs”), made pursuant to section 768.79, Florida Statutes…more Appropriate Equitable Relief, Declaratory Judgments, Offer of Judgment, Settlement	See All Updates »
Christy L. MacPherson	Financial Coverage Issues: Obtaining D&O Proceeds Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type…more D&O Insurance, Duty to Defend, Final Adjudication Clause, Legal Costs, Punitive Damages	See All Updates »
Jennifer M. McPheeters	First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial of…more Class Certification, Fraud, Marketing, Off-Label Promotion, Pfizer	See All Updates »
Joshua Moore	Motions In Limine: Uses, Abuses, And Pitfalls Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the…more Evidence, Motions in Limine, Trial Strategies	See All Updates »
Kevin Napper	Q&A With Carlton Fields' Kevin Napper Kevin J. Napper is a shareholder in Carlton Fields' Tampa, Fla., office. He has practiced in the areas of white collar criminal defense, governmental investigations, internal investigations, and complex civil trial law for more…more Compliance, DOJ, FCPA, SEC, White Collar Crimes	See All Updates »
Dennis Olle	Cyber Intelligence Sharing And Protection Act Set For Markup Session The U.S. House of Representatives Intelligence panel will mark up the Cyber Intelligence Sharing and Protection Act (CISPA) this week. Last year, CISPA met strong opposition from privacy advocates and the public due to privacy…more CISPA, Cybersecurity, Electronic Communications, Markups, Pending Legislation	See All Updates »
Gary M. Pappas	Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers - OJ…more Apportionment, Class Action, Evidence, Fee-Shifting Statutes, Offer of Judgment	See All Updates »
Pedro Pavon	Cyber Intelligence Sharing And Protection Act Set For Markup Session The U.S. House of Representatives Intelligence panel will mark up the Cyber Intelligence Sharing and Protection Act (CISPA) this week. Last year, CISPA met strong opposition from privacy advocates and the public due to privacy…more CISPA, Cybersecurity, Electronic Communications, Markups, Pending Legislation	See All Updates »
Arianne Plasencia	Planning For The Affordable Care Act's Net Investment Income Tax The new Internal Revenue Code ("IRC") Section 1411, which imposes a 3.8 percent tax on net investment income ("NII") was passed as part of the Affordable Care Act of 2010 ("ACA") and is effective for tax years beginning on or…more Affordable Care Act, Healthcare, Net Investment Income, U.S. Treasury	See All Updates »
Luis Prats	In Construction Disputes, Tell the Story Construction disputes are inherently complex. They involve numerous facts that are usually highly technical and beyond the understanding of lay persons. These cases typically draw in multiple parties and require extensive expert…more Construction Disputes, Litigation Strategies	See All Updates »
Audrey Rierson	Electronic Prescribing And Electronic Health Records Exceptions To The Stark Law The electronic prescribing and electronic health records (“EHR”) exceptions to the federal physician self-referral law known as the Stark Law (42 U.S.C. § 1395nn) were first published in the Federal Register in 2006, yet they…more Compensation Agreements, Electronic Medical Records, Electronic Prescribing, Health Information Technologies, Physicians	See All Updates »
Jill Sarnoff Riola	U.S. Supreme Court Applies "First Sale" Copyright Doctrine To Allow Import And Sale Of Gray Goods On March 19, the United States Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736, held that the "first sale" doctrine, as codified in the Copyright Act, applies to copyrighted works lawfully manufactured…more Copyright, Exports, First Sale Doctrine, Grey Market, Imports	See All Updates »
Joshua E. Roberts	Genesis Healthcare Corp. v. Symczyk - Class Actions Are Fundamentally Different From Collective Actions The FLSA establishes federal minimum-wage, maximum hour, and overtime guarantees that cannot be modified by contract. Section 16(b) of the FLSA gives employees the right to bring a private cause of action on their own behalf…more Class Action, Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk	See All Updates »
William Rohrer	Married Same-Sex Couples Should File Protective Claims For Tax Refunds Now When the Supreme Court ultimately decides United States v. Windsor, it could strike down the portion of the Defense of Marriage Act (DOMA) that prohibits married same-sex couples from receiving the federal benefits provided to…more DOMA, Estate Tax, FICA Taxes, Gift Tax, Income Taxes	See All Updates »
Brian Rosner	Q&A With Carlton Fields' Brian Rosner Brian Rosner is a shareholder in Carlton Fields' New York office. Q: What is the most challenging case you have worked on and what made it challenging? Originally Published in Law360, New York - April 29, 2013…more Billing, Litigation Strategies, Securities Fraud	See All Updates »
Gary Sasso	Attributes Of Success Many of us take our personality traits for granted. Those blessed with the right nature or nurture do just fine, often without reflecting on the reasons for their success. Others continually get in their own way. Most of us…more	See All Updates »
Emmet J. Schwartzman	Personal Injury—Defendant Entitled To Discovery Regarding Extent Of Relationship Between Plaintiff’s Lawyer And Plaintiff’s Doctor In a personal injury case “where there is a preliminary showing that the plaintiff was referred to a doctor by [his or her lawyer] (whether directly or through a third party) or vice versa,” Florida’s Fourth District Court of…more Bias, Credibility, Discovery, Impeachment, Preliminary Showing	See All Updates »
Leah A. Sevi	To Renew Or Not To Renew: Preserving Objections To Evidentiary Rulings Under Florida’s Evidence Code, “[i]f a court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or make an offer of proof to preserve a…more Evidence, Evidentiary Rulings, Motions in Limine, Offer of Proof, Standing Objections	See All Updates »
Walter Tache	Qui Tam Case Study: Dismissal Based On Whistleblower’s Lack Of Standing Qui tam lawsuits — cases brought by private whistleblowers on behalf of the government — represent a growing risk for businesses that contract with the government or make claims as part of a government program, such as Medicare…more False Claims Act, Medicaid, Medicare, Physicians, Qui Tam	See All Updates »
Patricia Thompson	Drafting A Takeover Agreement This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project…more Construction Contracts, Contract Disputes, Contractors, Lenders, Liquidated Damages	See All Updates »
Kenneth Tinkler	Governor Signs Priority Legislation Amending Florida's Ethics Regulation & Campaign Finance Laws Without waiting for the last days of the 2013 Legislative Session, the Florida House and Senate sent two bills to Governor Rick Scott concerning changes to Florida’s Campaign Finance laws and its Code of Ethics for Public…more Campaign Finance Reform, Ethics, New Legislation	See All Updates »
Sylvia H. Walbolt	Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a directors…more Damages, Directors, Exclusions, Liability, Officers	See All Updates »
James Walker IV	Case Studies: The Real World Impact of Class Actions for Technical Violations of Consumer Protection Statutes Mama Mia, a Florida restaurant, accepts credit cards as payment for meals. A customer provides his credit card to pay for his meal and receives a receipt from the restaurant. The receipt displays the customer’s credit card…more	See All Updates »
Wm. Cary Wright	BP Settlement Claim After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast Region,…more BP, Class Action, Eligibility, Gulf Oil Spill, Settlement	See All Updates »

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