Author Archives: Jay Butchko
Tear Up All Non-Compete Agreements? Not so Fast
On April 23, 2024, the Federal Trade Commission (“FTC”) announced its Non-Compete Clause Rule (“Non-Compete Rule”)[1] which prohibits parties from both entering new non-competition agreements and enforcing existing non-competition agreements with limited exception.[2] As the rule was published in the Federal Register on May 7, 2024, the Non-Compete Rule has an effective date of… Read More »
Waiver of Arbitration Rights Under Florida Law
Arbitration is a form of alternative dispute resolution used to handle disputes between parties outside the court system. In this process, the parties have the chance to present evidence to an arbitrator or sometimes a panel of arbitrators if more than one arbitrator is used; an arbitrator is a neutral third-party who serves a… Read More »
New Federal Rule Prohibits Enforcement of Non-Compete Agreements
Since January 2023, the Federal Trade Commission (“FTC”) has considered adopting a new nationwide rule that would prohibit employers from not only entering but also enforcing non-compete agreements with employees (subject to certain exceptions, of course). According to the FTC, non-compete agreements negatively affect competition by hindering the ability of workers t change jobs… Read More »
What to Do When a Shareholder of A Florida Corporation Files for Dissolution
While there can be an unlimited number of shareholders of any given corporation, all shareholders are not going to have the same opinions, thoughts, or feelings on how the corporation should be run. Inevitably, this may lead to shareholder disputes. If a shareholder so strongly disagrees with how the corporation is being run, there… Read More »
Firm Wins Trial to Enforce Client’s Loan, Defeating Borrower’s Defense of Commercial Frustration
Adam Rabin and Havan Clark represented firm client, Steve Earsley (“Plaintiff”), who recently prevailed at trial in a case styled Steve Earsley v. Joseph A. Petri, Case No. 20-6949, in the Fifteenth Judicial Circuit in Palm Beach County, Florida. Plaintiff was an investor in a privately owned substance abuse treatment center in Palm Beach… Read More »
RKJ is Featured in Law360 After Client Defeats Defendants’ Motions to Dismiss Client’s Retaliation Claim Under the False Claims Act’s Retaliation Provision
RKJ attorneys Adam Rabin and Havan Clark, together with co-counsel Cathleen Scott, recently prevailed in defeating defendants’ motions to dismiss on behalf of their client in a False Claims Act retaliation case filed pursuant to 31 U.S.C.§ 3730(h). After the oral argument, the court wrote a 19-page order denying defendants’ motions, which was featured… Read More »
Adoption and Implementation of Civil Differentiated Case Management Administrative Order 3.110 (“AO 3.110”) – Effective September 1, 2023
AO 3.110 replaces AO 3.107 – Adoption and Implementation of Civil Differentiated Case Management Plan for Cases Filed on or After April 30, 2021; and AO 3.108 – Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or Before April 29, 2021. Cases filed after September 1, 2023 will… Read More »
Firm Prevails on Summary Judgment for Client on Competitor’s Claim for Tortious Interference
The firm recently prevailed on summary judgment for the firm’s client on a competitor’s sole remaining claim for tortious interference with advantageous business relationships. The firm previously succeeded in securing the dismissal of the competitor’s three other claims, leaving only its tortious interference claim pending. The firm’s client (“Client”) is an ERISA plan fiduciary… Read More »
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 »