Recent Blog Posts
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 »
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 »
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 »
Nearly Two Years Under Florida’s New Summary Judgment Standard: Appellate Courts Regularly Affirming Summary Judgment
May 1, 2021, the effective date of Florida’s amended summary judgment standard under Rule 1.510 (“New Rule”), turned the tide in terms of how Florida courts must adjudicate motions for summary judgment. Notably, whereas under the prior standard, “the existence of any competent evidence creating an issue of fact, however credible or incredible, substantial… Read More »
If I Blow the Whistle on My Employer, Can My Employer Sue Me For Breach of My Nondisclosure Agreement?
When weighing whether to blow the whistle on an employer engaging in fraud upon the Government, an employee or former employee (“Employee”) must consider if doing so would violate the Employee’s nondisclosure agreement. In particular, the Employee must weigh whether providing company documents to the Government will expose the Employee to liability. The short… Read More »
