In this episode of our "Florida Capital Conversations" podcast series, Equine Industry Team Leader Kayla Pragid and Public Affairs Advisor Tori Deal delve into the diverse aspects of Florida's equine industry. Ms. Pragid...more
In May 2023, Florida became among the first states to limit select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring an interest in Florida real...more
8/15/2024
/ Administrative Procedure Act ,
Agricultural Land ,
China ,
Controlling Person ,
Controlling Stockholders ,
Critical Infrastructure Sectors ,
Cuba ,
Foreign Ownership ,
Government Officials ,
Korea ,
Pending Litigation ,
Prohibited Transactions ,
Property Ownership ,
Proposed Rules ,
Registration Requirement ,
Venezuela
Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more
7/12/2024
/ Anti-Discrimination Policies ,
Censorship ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Failure to Accommodate ,
FEHA ,
Free Exercise Clause ,
Groff v DeJoy ,
Hiring & Firing ,
Local Ordinance ,
Minors ,
Native American Issues ,
Public Schools ,
Religious Accommodation ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Title VII ,
Transgender ,
Undue Hardship ,
Vaccinations ,
Zoning Laws
In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits. Consumer Reports discovered something...more
Florida enacted Senate Bill (SB) 264 in May 2023, creating Chapter 692, Florida Statutes (the Act), to limit select persons from "foreign countries of concern" from owning, having a controlling interest in or acquiring an...more
4/1/2024
/ Agricultural Land ,
China ,
Constitutional Challenges ,
Controlling Person ,
Critical Infrastructure Sectors ,
Equal Protection ,
Fair Housing Act (FHA) ,
FIRRMA ,
Foreign Nationals ,
New Legislation ,
Ownership Interest ,
Passive Investments ,
Preemption ,
Proposed Amendments ,
Public Contracts ,
Real Estate Investments ,
Real Estate Transactions ,
Rulemaking Process
Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more
1/10/2024
/ Abortion ,
Anti-Discrimination Policies ,
Breach of Contract ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Due Process ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fraudulent Inducement ,
Free Exercise Clause ,
Human Rights Act ,
Ministerial Exception ,
Prescription Drugs ,
Public Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
State Constitutions ,
State Funding ,
Subject Matter Jurisdiction ,
Transgender ,
Vaccinations
Florida enacted Senate Bill (SB) 264 (Chapter 2023-33, Laws of Florida) in May 2023 to limit select persons from "foreign countries of concern" from owning, having a controlling interest in or acquiring an interest in certain...more
1/2/2024
/ Beneficial Owner ,
China ,
Commercial Leases ,
Commercial Property Owners ,
Controlling Stockholders ,
Critical Infrastructure Sectors ,
Cuba ,
EB-5 ,
Foreign Nationals ,
Health Care Providers ,
Iran ,
New Legislation ,
North Korea ,
Real Estate Investments ,
Registration Requirement ,
Residential Property Owners ,
Rulemaking Process ,
Russia ,
State Contractors ,
Syria ,
Venezuela
Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator's False Claims Act (FCA) case? The appellants in U.S....more
12/6/2023
/ Abuse of Discretion ,
Appeals ,
Defense Strategies ,
False Claims Act (FCA) ,
Government Investigations ,
Medicare ,
Qui Tam ,
Relators ,
Rules of Civil Procedure ,
Statute of Limitations ,
Time Extensions ,
Tolling
In the next episode of the "Legal Bites Podcast" series, Food and Beverage Litigation Team leader Nathan Adams and Practice Development Manager Kristina Merritt speak with Public Policy & Regulation attorney Sara Klock, who...more
Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more
10/17/2023
/ Airports ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Division of Assets ,
Divorce ,
Establishment Clause ,
Executive Orders ,
Fourteenth Amendment ,
Free Exercise Clause ,
Governor Beshear ,
Marital Assets ,
Opt-Outs ,
Private Schools ,
Public Schools ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
RLUIPA ,
Screening Procedures ,
Vaccinations ,
Zoning Laws
Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more
10/11/2023
/ Advertising ,
Article III ,
Defense Strategies ,
Dismissals ,
Failure To State A Claim ,
Federal Rule 12(b)(1) ,
Litigation Strategies ,
Magnuson-Moss Act ,
Product Labels ,
Standing ,
Subject Matter Jurisdiction ,
Unfair or Deceptive Trade Practices
The Florida Department of Commerce (Department) on Sept. 20, 2023, published proposed rules interpreting Florida's law limiting "foreign principals" from "foreign countries of concern" – China, Russia, Iran, North Korea,...more
9/22/2023
/ China ,
Critical Infrastructure Sectors ,
Cuba ,
Departments of Commerce ,
Foreign Entities ,
Foreign Nationals ,
Iran ,
North Korea ,
Property Owners ,
Real Estate Investments ,
Russia ,
Syria ,
Venezuela
A federal district court on Aug. 17, 2023, declined to enjoin Florida's law limiting select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring by...more
8/22/2023
/ CFIUS ,
China ,
Equal Protection ,
Fair Housing Act (FHA) ,
Foreign Nationals ,
Fourteenth Amendment ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Real Estate Investments ,
Residence Status ,
Rulemaking Process ,
Standing ,
Supremacy Clause ,
Visas
In the inaugural episode of the "Legal Bites Podcast" series, Food and Beverage Litigation Group Leader Nathan Adams and Practice Development Manager Kristina Merritt speak with Ashley Petefish, Sr. Litigation Counsel and...more
In the inaugural episode of the "Legal Bites Podcast" series, Food and Beverage Litigation Group Leader Nathan Adams and Practice Development Manager Kristina Merritt speak with Ashley Petefish, Sr. Litigation Counsel and...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
7/27/2023
/ 303 Creative LLC v Elenis ,
ADEA ,
Age Discrimination ,
Bylaws ,
Churches ,
Class Action ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
EB-4 ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Gender Identity ,
Ministerial Exception ,
Public Accommodation ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
Second Amendment ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Subject Matter Jurisdiction ,
Title VII ,
Vaccinations
Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits select persons from "foreign countries of...more
7/13/2023
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Enforcement Priorities ,
Espionage ,
Foreign Ownership ,
Foreign Persons ,
H-1B ,
National Security ,
Preliminary Injunctions ,
Property Ownership ,
Real Estate Sales Contracts ,
Registration Requirement
In Sheba Ethiopian Rest., Inc. v. DeKalb Cnty., Ga., No. 21-13077, 2023 WL 3750710 (11th Cir. June 1, 2023), the plaintiff alleged that the county selectively enforced its fire and zoning codes against it and other Ethiopian...more
In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more
6/22/2023
/ Abortion ,
Administrative Procedure Act ,
Breach of Contract ,
Constitutional Challenges ,
Department of Defense (DOD) ,
Due Process ,
Equal Protection ,
First Amendment ,
Fraudulent Inducement ,
Free Exercise Clause ,
Free Speech ,
Health Insurance ,
Ministerial Exception ,
Ministerial Function ,
Professional Disciplinary Actions ,
Putative Class Actions ,
Religious Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RICO ,
Sex Discrimination ,
Trademarks
A jury found Vital Pharmaceuticals Inc., maker of Bang energy drink, and its CEO (together, Vital) liable for false advertising under the Lanham Act and awarded Monster Energy Co. (Monster) more than $271 million for damages...more
Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more
5/24/2023
/ Beneficial Owner ,
China ,
Comment Period ,
Commercial Property Owners ,
Constitutional Challenges ,
Controlling Person ,
Critical Infrastructure Sectors ,
Cuba ,
Foreign Investment ,
Foreign Nationals ,
Injunctive Relief ,
New Legislation ,
Property Owners ,
Public Property ,
Real Estate Investments ,
Rulemaking Process ,
Russia ,
Venezuela
This legislative session, Florida has joined Arkansas and Oklahoma among the most regulatory-minded states with respect to pharmacy benefit plans and programs as well as pharmacy benefit managers (PBMs). Florida's...more
5/19/2023
/ Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Governor DeSantis ,
Health Insurance ,
Medicare ,
Medicare Part D ,
New Legislation ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Regulatory Reform ,
State Health Plans
In the 15th episode of our "Florida Capital Conversations" podcast series William Large, President of the Florida Justice Reform Institute (FJRI), and Tiffany Roddenberry, Holland & Knight attorney, discuss Florida tort...more
Donors State Claims for Misuse of Their Funds, But Not as a Class Action -
In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more
3/31/2023
/ Abortion ,
Administrative Procedure Act ,
Affordable Care Act ,
Charitable Donations ,
Charitable Organizations ,
Churches ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disparate Treatment ,
EB-4 ,
Establishment Clause ,
Firearms ,
First Amendment ,
Gay Conversion Therapy ,
Gender Identity ,
Healthcare Facilities ,
Ministerial Exception ,
Misuse or Misdirection of Funds ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Second Amendment ,
Sex Discrimination ,
Title IX ,
Title VII ,
USCIS ,
Visas