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Category Archives: Business Litigation

Legal19

Adobe Inc. and U.S. Department of Justice Settle False Claims Act Case for $3 Million

By Rabin Kammerer Johnson |

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 »

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Legal15

Nearly Two Years Under Florida’s New Summary Judgment Standard: Appellate Courts Regularly Affirming Summary Judgment

By Rabin Kammerer Johnson |

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 »

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Are Your Company’s Marketing Calls and Text Messages Compliant with Florida Law? Are You Sure?

By Rabin Kammerer Johnson |

Any business that promotes its services through telephone or text-message marketing to Florida consumers must now be wary of the Florida Telephone Solicitation Act (“FTSA”).1 In July 2021, the Florida Legislature enacted a newly expanded version of the FTSA, and as a result, hundreds of lawsuits alleging violations of the statute have flooded the… Read More »

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Legal30

Tips for an LLC to Protect Against a Former Manager’s Claim for “Advancement” of Attorney’s Fees and Costs When the Former Manager Acted in Bad Faith

By Rabin Kammerer Johnson |

Under Florida law, a former manager of an LLC may have the right to require the LLC to indemnify his or her attorney’s fees and costs in a lawsuit in which the former manager has been sued as a defendant. In addition, depending on the language of the LLC’s operating agreement, the former manager… Read More »

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Confidential

What are the Rules for Filing “Confidential Information” in the Court File in Florida?

By Rabin Kammerer Johnson |

As of July 1, 2021, all filers of documents in a case are responsible for redacting or identifying for redaction all court documents filed in circuit civil, county civil and small claims in the Fifteenth Judicial Circuit pursuant to amended Rule of Judicial Administration 2.420. In this regard, if any document filed with the… Read More »

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Legal24

Firm Prevails In Trade Secret Action on Behalf of Second Largest CBD Retailer in the United States

By Rabin Kammerer Johnson |

The firm recently prevailed in the defense of its client in a multiparty federal court action in which the Plaintiff sued the second largest CBD retailer in the U.S., for misappropriation of trade secrets and deceptive and unfair trade practices. The case, Healthcare Resources Management Group, LLC v. Medterra CBD, LLC et al. (Case… Read More »

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Legal29

Noncompete Agreements In A Virtual World – Firm Prevails For Client After 5-Day Temporary Injunction Hearing

By Rabin Kammerer Johnson |

The firm announces that it recently prevailed on behalf of a client, after a 5-day evidentiary hearing, in securing an order denying a former employer’s motion for temporary injunction relating to the enforcement of various restrictive covenants. The matter is Insight Global, LLC v. The Intersect Group, LLC et al., Case No. 50-2021-CA006834-XXXXMB, filed… Read More »

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Legal18

What Are The Consequences And Standard For Spoliation Of Evidence?

By Rabin Kammerer Johnson |

If you are anticipating litigation, or are already involved in pending litigation, you should strongly consider changing the settings of your electronic devices to avoid accusations of spoliation later on in the litigation. The term “spoliation” refers to the destruction or significant alteration of evidence, including the failure to preserve evidence.  To ensure that… Read More »

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Lit2

The Supreme Court Overhauls Florida’s Summary Judgment Rule: What Are the Top Ten Most Significant Changes in the New Rule?

By Rabin Kammerer Johnson |

Effective May 1, 2021, the Florida Supreme Court adopted substantial revisions to the rule governing motions for summary judgment.[1] While the rule number (i.e., 1.510) remains the same, Florida’s high court otherwise overhauled the rule in its entirety, including adopting the federal standard for summary judgment that has applied in federal court for 35… Read More »

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Florida Employer Non-Solicitation & Non-Disclosure Agreements

By Rabin Kammerer Johnson |

During the COVID-19 pandemic, many people found themselves in a situation where they either were let go from their job or they decided to leave their job. As a result, some of these people faced a predicament where they were subject to a non-compete, non-solicitation, or non-disclosure agreement that they signed while still employed…. Read More »

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