Recent Blog Posts
DOJ Reports Another Year of Big Recoveries in Whistleblower Qui Tam Lawsuits Filed Under the False Claims Act
Per a recent announcement from the U.S. Department of Justice (“DOJ”), settlements and judgments under the False Claims Act (“FCA”) resulted in more than $6.8 billion recovered during DOJ’s fiscal year that ended on September 30, 2025. The dollar amount recovered set a record for the largest amount recovered in a single year in… Read More »
How Do You Rescind, Cancel, or Reform a Contract or other Legal Instrument?
Rescission, cancellation, and reformation are separate and distinct actions to undo or correct contracts and other legal instruments and have different legal consequences. Rescission Rescission avoids a contract or other legal instrument ab initio; it is the retroactive annulment, abrogation, or unmaking of an agreement or instrument and places the parties in the position… Read More »
How Corporations Can Prevent Spoliation of Electronic Evidence With A Proper Legal Hold Notice
Our previous blog on electronic discovery provided 10 tips for creating an electronic discovery plan to help potential litigants understand the process of electronic discovery and how to work with their lawyers to reduce the associated time and costs. This blog will focus on creating a proper legal hold notice to prevent spoliation of… Read More »
What is Required for Asserting an Objection to a Request for Documents under the Amended Florida Rules of Civil Procedure?
Effective January 1, 2025, the Florida Supreme Court adopted significant amendments to various rules in the Florida Rules of Civil Procedure, including Rule 1.350, which governs requests for documents from a party. The key changes to Rule 1.350 include: The grounds for an objection to a document request must state “with specificity” and “include… Read More »
Firm Obtains $1.54 Million Settlement on Unjust Enrichment Claim Over Finder’s Fee
Rabin Kammerer Johnson (RKJ), Rafferty Domnick Cunningham & Yaffa (RDCY), and Harris Appeals recently settled a case in the U.S. District Court for the Southern District of Florida (Matthew Hayden v. Steven F. Urvan v. Brew First, Inc., Case No. 9:21-CV-82051-MATTHEWMAN) for $1.54 million. The parties vigorously litigated the case for nearly 4 years,… Read More »
Understanding the False Claims Act Public Disclosure Bar: What “Substantially the Same” Means for Whistleblower Cases
The False Claims Act (“FCA”) empowers whistleblowers—known as relators—to bring lawsuits on behalf of the Government when they discover fraud involving federal funds. But not every whistleblower case can move forward. One of the most litigated obstacles is the FCA’s public disclosure bar, which requires dismissal if the allegations in a qui tam complaint… Read More »
Appellate Court Reinstates Whistleblower’s Claims Where the District Court Dismissed an Amended Complaint Because the Allegations Were Based on Information Learned in Discovery
On July 25, 2025, in United States ex rel. Sedona Partners LLC v. Able Moving & Storage, Inc., — F.4th —, 2025 WL 2087871 (11th Cir. 2025), the Eleventh Circuit Court of Appeals issued an opinion in a False Claims Act case reversing the dismissal of a whistleblower’s second amended complaint on the basis… Read More »
Florida Law Levels the Playing Field on One-Sided Attorney’s Fee Clauses
Section 57.105(7), Florida Statutes, makes reciprocal all contracts with unilateral attorney’s fee provisions that benefit one party over the other.1 Under the statute, where a contract contains an attorney’s fee provision that benefits only one party to the contract, a court may award attorney’s fees to the other party when that party prevails “in… Read More »
10 Tips for Creating a Good Electronic Discovery Plan
The ever-changing technology landscape has increased the volume, complexity, and costs of discovery in litigation. Many clients who find themselves in litigation, however, are not as familiar with the rules, practices, and protocols related to electronic discovery. The purpose of this blog is to help potential litigants understand the process of electronic discovery and… Read More »
Can We Talk? –Florida’s New Conferral Rule for Non-Dispositive Motions in State Court
Under new Florida Rule of Civil Procedure 1.202, the moving party must 1) confer in good faith with the opposing party prior to filing a non-dispositive motion; and 2) file a statement certifying that the movant has conferred with the opposing party and state whether the opposing party agrees on the resolution of the… Read More »