Author Archives: Jay Butchko
Whistleblower Alert: SEC Orders Payment of $4.4 Million in Civil Penalties Following Firm Client’s Report of Securities Fraud
The U.S. Securities and Exchange Commission recently announced civil charges against ETF Managers Group, LLC (“ETFMG”) and its founder Samuel Masucci. The charges arise from ETFMG and Masucci’s mismanagement of an exchange-traded fund (“ETF”) and misleading the fund’s trustees in order to obtain rescue financing. Rabin Kammerer Johnson represents a whistleblower who reported the… Read More »
Florida Contractors and Owner Agree to Pay $7.7M to Resolve False Claims Act Allegations
On June 29, 2023, the United States Department of Justice (“DOJ”) announced it reached an agreement with “HX5 LLC and its owner and Chief Executive Officer, Margarita Howard, located in Fort Walton Beach, Florida, and an affiliated joint venture HX5 Sierra LLC, located in Cleveland, Ohio” (collectively, “HX5 Parties”) whereby the HX5 Parties would… Read More »
The Privilege Affirmative Defenses Against Tortious Interference Claims
Florida law recognizes claims for both tortious interference with a business relationship and tortious interference with a contractual relationship. These claims commonly arise in the business context when an outside business unjustifiably interferes with another business’ contract or business relationship with a third party. “Essentially, a claim of tortious interference with a contract and… Read More »
Substantial Amendments to Florida Laws Regarding Marketing Calls and Text Messages
As previously discussed here, Florida has specific laws related to how businesses can promote their goods and services through telephone or text-message marketing to Florida consumers. These laws are referred to as the Florida Telephone Solicitation Act (“FTSA”).[1] The Florida Legislature, however, recently amended the FTSA to curb the flood of litigation that resulted… Read More »
GCI Communications Corp. and U.S. Department of Justice Settle False Claims Act Case for $40M
On May 11, 2023, the United States Department of Justice (“DOJ”) announced it reached a settlement with GCI Communications Corp. (“GCI”) whereby GCI agreed to pay $40,242,546 to resolve allegations that it violated the False Claims Act (“Act”).[1] Under the Act, a private individual who has knowledge of past or present fraud on the… Read More »
Partner Lauren Johnson Appointed as Vice Chair of Florida Bar Committee
Rabin Kammerer Johnson congratulates partner Lauren Johnson on her recent appointment as a Vice Chair of the Florida Bar’s Judicial Nominating Procedures Committee (JNPC). Lauren was appointed Vice Chair by the Florida Bar’s incoming President, Scott Westheimer, to serve the JNPC in a leadership role. The JNPC exists to assist the Governor with presenting… Read More »
History of the Public Disclosure Bar in the Eleventh Circuit and Determining a Proper Burden-Shifting Framework
In 1986, Congress amended the False Claims Act (the “Act”) by adding the public disclosure bar.[1] Congress enacted this bar with the goal of balancing the prevention of parasitic actions based on publicly available information and the encouragement of individuals bringing qui tam actions.[2] The original version of the public disclosure stated: (A) No… Read More »
Adobe Inc. and U.S. Department of Justice Settle False Claims Act Case for $3 Million
On April 13, 2023, the United States Department of Justice (the “DOJ”) announced it reached a settlement with Adobe Inc. (“Adobe”) whereby Adobe agreed to pay $3 million to resolve False Claims Act allegations made against it by former Adobe insiders.[1] These allegations centered on Adobe making payments “in violation of the Anti-Kickback Act… Read More »
New Rules for Old Business? How to Determine if Newly Enacted Statutes Will Be Retroactively Applied
Everyday, federal and state legislators consider and enact statutes that change the rules governing business relationships between parties. While many believe these statutes only impact conduct that occurs following the statute’s effective date, sometimes this is not the case. Rather, a statute may operate retroactively, thus impacting conduct and transactions that transpired prior to… Read More »
LAUREN JOHNSON TO RECEIVE PBCFAWL’S JUDGE MEENU SASSER OUTSTANDING YOUNG LAWYER AWARD
Rabin Kammerer Johnson congratulates partner Lauren Johnson on receiving the Judge Meenu Sasser Outstanding Young Lawyer Award from FAWL’s Palm Beach County Chapter. The award is given each year to a young lawyer who has shown exceptional effort and commitment to FAWL’s mission of promoting gender equality and the advancement of women through the… Read More »
