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 »
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 »
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 »
Firm Partner Adam Rabin is Inducted into the 2023 Legal Elite “Hall of Fame”
For 20 years, Florida Trend magazine has rated Florida’s best lawyers statewide in its annual ranking of Florida’s “Legal Elite.” Several years ago, Florida Trend created a new category, the Legal Elite “Hall of Fame” for lawyers whose peers consistently ranked them over the years as a top lawyer in Florida. In 2023, Rabin… Read More »