South Florida law, real estate and finance news. DBR is an ALM publication (ALM.com).
Need a job? Broward Circuit Court has an opening on the bench. Reporter Lisa Willis has the details on who's leaving and what's next.
https://www.law.com/dailybusinessreview/2024/07/19/florida-judge-wanted-nominating-commission-seeks-broward-judicial-replacement/
Another departure for Cooley in London:
https://www.law.com/americanlawyer/2024/07/19/cooley-london-head-leads-team-exit-to-akin-405-145449/
New Proposed Guidance From the IRS on Foreign Trust Transactions and Large Gifts From Non-US Persons
This article summarizes the treatment of ownership of foreign trust assets; discusses the guidance for reporting a transfer and a donee’s receipt of a distribution from a foreign trust, as well as the receipt of a large gift from an NRA; and addresses the treatment of certain loans with a foreign ...
Live Nation's CEO Avoids Deposition in Multidistrict Litigation
Michael Rapino isn't being deposed just because he's CEO of Live Nation; (Defendants) don't want to bother with the inconvenience of giving a deposition and Rapino wants to be free to travel, Astroworld Festival plaintiffs allege.
Kirkland Client Dodges $60 Million Fraud Claim With Summary Judgment
Plaintiff's fraudulent inducement and breach of contract claims ignored the defendant's contract right to walk away from the deal by forfeiting its $3 million deposit, Kirkland & Ellis attorneys told the court.
ICYMI. Sam Stark, Woody Clermont and Alejandro “Alex” Arreaza square off Aug. 20 in the race for the Broward County Court Group 10 judicial seat. Here’s what the three candidates said qualified them for the position.
Here's why Samuel Ford Stark, Woody Clermont and Alejandro Alex Arreaza said they deserve a seat on the Broward County Court bench.
ICYMI. Three major firms have grown briskly in Miami, outpacing other recent arrivals from Big Law. Despite past waves of law firms falling short in the Miami market, this wave seems to be here to stay.
https://www.law.com/dailybusinessreview/2024/07/18/kirkland-winston-and-sidley-have-grown-briskly-in-miami-outpacing-other-big-law-recent-arrivals/
Florida Judge Wanted: Nominating Commission Seeks Broward Judicial Replacement
The Seventeenth Circuit Judicial Nominating Commission has been asked to provide Gov. Ron DeSantis with nominees to fill a vacancy in Broward Circuit Court following Judge John J. Murphy III's resignation announcement.
ICYMI. Are Law Schools Now Teaching Students How to Practice Law?
Much like traditional civil procedure classes leave off e-discovery and traditional contracts classes are not touching on blockchain, law schools have sometimes overlooked what really forms students into practicing lawyers.
On Legal Speak, John Morgan, founder of Morgan & Morgan, explains how his visionary approach continues to shape the firm and how it’s time to step aside and pass the legal baton onto someone else. Will his sons take over the firm?
Catch the full interview here: https://www.law.com/dailybusinessreview/2024/07/19/john-morgan-on-morgan-morgan-legal-marketing-and-what-comes-next/
Florida is signing on for the National Conference of Bar Examiners' NextGen Bar Exam, with a target date of July 2028.
“The NCBE placed Florida in a difficult position,” said Steven Maxwell, lecturer in law and director of academic achievement at the University of Miami School of Law.
The DBR's Lisa Willis has more: https://www.law.com/dailybusinessreview/2024/07/18/a-change-is-coming-to-the-bar-exam-and-some-lawyers-are-skeptical/
Why Morrison & Foerster Is Transitioning Into a Hybrid Office Model in Miami
The office serves as the firm's springboard to Latin America, and consequently, its attorneys are already working across geographies. One benefit is likely cost savings in the pricey South Florida market.
Kirkland recently adopted a policy of withholding departing equity partners’ accrued compensation upon their departure from the firm.
Such policies, which Big Law partner recruiters said are common in Big Law, makes an impact on lateral moves.
Withholding equity partner compensation comes with risks to a firm’s culture, although the practice isn't new in Big Law, recruiters say.
From Aaron Cohn, a partner with Weinberg Wheeler Hudgins Gunn & Dial: "Overwhelmed CFTC Can Only Warn Seniors About Retirement Scams"
"There seems to be an endless stream of these precious metals coin brokers selling purportedly semi-numismatic coins at inflated values as “investments” to seniors," he writes.
As one fraudulent dealer is shut down, more moles appear in its wake. Understaffed and underfunded, the agency simply does not have enough mallets to stop the spread of precious metals fraud.
Overwhelmed CFTC Can Only Warn Seniors About Retirement Scams
As one fraudulent dealer is shut down, more moles appear in its wake. Understaffed and underfunded, the agency simply does not have enough mallets to stop the spread of precious metals fraud.
Elon Musk's X Must Face Trademark Infringement Suit Brought by Legal Ad Company
U.S. District Judge John Antoon II issued an order July 15, allowing three of X Social Media's claims against X Corp. to proceed. Antoon agreed with X Social Media's argument claiming its trademark for X SOCIALMEDIA was incontestable and plausibly alleged the likelihood of consumer confusion.
Appellate Court Clarifies County Park's Immunity From Personal Injury Suit Under Landowners Liability Act
The park is a 'premises' under N.J.S.A. 2A:42A-3(a), and the judge properly determined the county was entitled to LLA immunity, Appellate Division Judge Jessica R. Mayer said.
National Women's Chess Champion Files Whistleblower Lawsuit Against US Chess for Allegedly Mishandling Assault Claims
As a victim and whistleblower, I am fighting back against campaigns to silence me and retaliate against me for speaking up about sexual violence in chess, said Jennifer Shahade, a two-time national women's chess champion and women chess grand master. It's been my lifelong mission for women and girls...
Three major firms have grown briskly in Miami, outpacing other recent arrivals from Big Law. Despite past waves of law firms falling short in the Miami market, this wave seems to be here to stay.
Read the full story from reporter Alexander Lugo here: https://loom.ly/a4kSQPg
From Raul Valero of Nelson Mullins Riley & Scarborough: "Navigating Commercial Lease Agreements in Fla.: A Few Key Clauses and Negotiation Strategies"
"Landlords face a multitude of considerations when selecting and interacting with tenants" he writes. "Four essential lease negotiation strategies can collectively help landlords navigate the leasing landscape with confidence."
Read the full article here: https://loom.ly/QpAw9zA
A Change Is Coming to the Bar Exam—And Some Lawyers Are Skeptical
One important consideration was addressing the subjects Florida attorneys have identified as necessary for entry-level attorneys to know, Bar Examiners said.
From Jill Backer, associate dean for professional development and alumni affairs of Ave Maria School of Law: "Are Law Schools Now Teaching Students How to Practice Law?"
"Traditional skill building of knowledge of legal doctrine, legal research skills and excellent written and oral communication skills are still tantamount to becoming a good and ethical lawyer," she writes. "However, just as important are strong work ethic, client responsiveness and effective communication, grit and organization among other skills."
Read the full article here: https://www.law.com/dailybusinessreview/2024/07/18/are-law-schools-now-teaching-students-how-to-practice-law/
Former Reed Smith partner Douglas Wood's latest book focuses on helping attorneys generate business in the start of their careers and confront the realities of aging when it comes time to plan for succession.
In a conversation about his new book, Douglas Wood pushes firms to help support aging attorneys as they come to “embrace irrelevancy.”
Kirkland, Winston and Sidley Have Grown Briskly in Miami, Outpacing Other Big Law Recent Arrivals
Even the slower growing Am Law 100 firms that have arrived since 2018 have avoided major setbacks. “Miami has just become more sophisticated as a legal market,” explained one local recruiter.
Scott Shapiro Takes on Incumbent Kathleen 'Katie' McHugh for Broward Judgeship
Here's why Scott Shapiro and the incumbent Judge Kathleen Katie McHugh believe they deserve a vote in the Group 6 race for a seat on the Broward County Court bench.
2 South Florida Appeals Courts Revive Voter Fraud Cases
Nearly two years after Gov. Ron DeSantis and other state officials drew widespread attention by announcing voter-fraud charges against convicted felons, two South Florida appeals courts Wednesday overturned rulings that dismissed charges against a pair of defendants.
Navigating Commercial Lease Agreements in Fla.: A Few Key Clauses and Negotiation Strategies
In Florida’s real estate market, both landlords and tenants benefit from well-crafted lease agreements. For landlords, understanding certain key clauses and implementing strategic negotiation tactics can not only protect their interests but also enhance property value.
Lauren Peffer and Emilio 'Emi' Benitez Face Off to Become Broward Judge
Here's why Lauren Peffer and Emilio Emi Benitez say they deserve a six-year term on the Broward County bench.
Are Law Schools Now Teaching Students How to Practice Law?
Much like traditional civil procedure classes leave off e-discovery and traditional contracts classes are not touching on blockchain, law schools have sometimes overlooked what really forms students into practicing lawyers.
Attorneys Battle PPP Loan-Forgiveness Woes for Hotel Clients
We just want what everyone else has gotten, said co-counsel for the hotel groups in the multidistrict litigation.
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On Legal Speak, John Morgan, founder of Morgan & Morgan, explains how his visionary approach continues to shape the firm and how it’s time to step aside and pass the legal baton onto someone else. Will his sons take over the firm? Catch the full interview here: https://www.law.com/dailybusinessreview/2024/07/19/john-morgan-on-morgan-morgan-legal-marketing-and-what-comes-next/
Partner compensation systems that overemphasize competition and profit are hurting lawyers’ mental health, a recent American Lawyer survey found. Read the full story here: https://www.law.com/americanlawyer/2024/07/01/should-mental-health-be-included-in-partner-compensation/
New York litigators Scott Danner and Vincent Levy of Holwell Shuster & Goldberg recently joined Legal Speak to talk about the trial strategy behind their $81.3 million federal jury verdict against aerospace giant Boeing on behalf of client Zunum Aero Inc. In this clip, Levy speaks with reporter Cedra Mayfield about their opening statement. For the full podcast episode, tap here: https://www.law.com/2024/06/28/holwell-shuster-goldberg-partners-secure-81-million-verdict-against-boeing-in-trade-secret-dispute/
Out now: The 2024 Diversity Scorecard details the changing landscape of lawyer diversity and looks at what is driving—or holding back—further change. Read the full report, including law firm data and analyses, here: https://loom.ly/mm8sQao
A few U.K. law firms stand out for LGBTQ+ representation among their partners. Here's what they look like and what they're doing to signal inclusivity. Read the full story here: https://loom.ly/vZgnlww
Tiffani Lee and Kwamina Williford, both of whom hold positions of leadership at Holland & Knight, are the latest guests on Legal Speak. With Law.com reporter Alexander Lugo, they discuss the unique challenges they overcame and the guidance necessary to get there. In this clip, Williford talks about what firms should strive for and what to avoid in seeking to improve inclusion within their ranks. Catch the full episode here: https://www.law.com/2024/06/21/holland-knight-partners-discuss-their-ascent-to-leadership-roles-and-what-it-took-to-get-there
The total number of associates in the NLJ 500 now numbers approximately 84,651, more than 10,000 additional associates since 2018. How does the growth rate now compare to previous years? Read the full report here: https://www.law.com/nationallawjournal/2024/06/18/for-law-firms-theres-no-substitute-for-associate-growth/
Legendary trial lawyer Jim Brosnahan of Morrison Foerster and Latham & Watkins executive committee member Sean Berkowitz talked about talking in the latest episode of Legal Speak. With their unique, and effective, voices, they spoke with Am Law Litigation Daily editor and columnist Ross Todd about how they’ve come to acknowledge the strengths and weaknesses of their own vocal instrument. Listen to the full podcast episode here: https://www.law.com/dailybusinessreview/2024/06/14/finding-your-voice-two-prominent-litigators-discuss-the-importance-of-vocal-power-and-how-it-isnt-all-in-the-genes/. In this clip, Brosnahan provides actionable insights on how to use vocal range and other tools in legal advocacy.
Some in-house counsel, being sympathetic to outside counsel's mental health, are trying to be compassionate clients. “We as in-house counsel have an opportunity to reinject into our outside counsel’s work a sense of accomplishment and meaning that makes someone able to tolerate the challenges of the hard work," said Eric Greenberg, general counsel of Cox Media Group. Read the full story here: https://loom.ly/HhBcZNI
On the latest Legal Speak podcast episode, ALM litigation reporter Emily Saul joins producers Patrick Smith and Cedra Mayfield to discuss the novelty of the trial, moments of surprise, the mood of the court during the actual reading of the verdict and what likely comes next. Here's a clip of Saul talking about what happened while the verdict was being read. Catch the full episode here: https://www.law.com/2024/06/07/legal-speaks-sidebar-with-saul-part-v-strange-days-of-trump-trial-culminate-in-historic-verdict/
In the latest Q&A on how senior lawyers handle the pressure of working in law, commercial litigator Elaina Bailes of Stewarts shares her experiences. Read the full interview here: https://loom.ly/cLy_-KI
In the latest Legal Speak episode, Los Angeles-based O'Melveny & Myers COO George C. Demos shares his personal struggles with mental wellbeing over 35 years at the firm and how he is working with New York co-guest Christina McCarthy of One Mind at Work to bring together law firms, clients and law schools to solve specific systemic issues plaguing the legal industry. They are joined on this episode by Stephanie H. of Third Horizon Strategies in Chicago, who helps train individual lawyers on resilience. Here's a clip of Demos talking about why he and his firm are making a concerted effort to support lawyer mental health. Play the full episode here: https://www.law.com/2024/05/31/mental-health-in-the-legal-industry-how-to-mitigate-systemic-challenges-and-boost-individual-resilience/
Brian Frye at the University of Kentucky J. David Rosenberg College of Law put together a “simple, but elegant" alternative to the U.S. News law school rankings that's based entirely on mentions in The New York Times. Here's how it works. Read the full story here: https://loom.ly/Fu_-dDI
While we're waiting for the jury to reach a verdict at the Trump trial in New York, here are some thoughts on the closing arguments from ALM litigation reporter Emily Saul, who is covering the proceedings live in lower Manhattan. Listen to the full Legal Speak podcast episode here: https://loom.ly/HqkX1IU
How is mental health for in-housers? Like at law firms, it's tough, according to Law.com and ALM Intelligence’s 2024 Mental Health Survey. 🎥 Here's a look at some of the statistics and perspective on legal department life. Tap here for the full story: https://loom.ly/1QkrG_s
Do young lawyers have it particularly hard when it comes to their mental health, or are they just whining, as some (older) lawyers suggest? Watch here for what's going on with one aspect of lawyer mental health. Read the full analysis here: https://loom.ly/5EtFw10
Law.com and ALM's 2024 Mental Health Survey of the Legal Profession just published, and here are some of the top line data points to note this year—on depression, drinking, drugs, billable hours and more. Tap here for the full results: https://www.law.com/americanlawyer/2024/05/17/mental-health-by-the-numbers-the-2024-survey-infographic/ Read the main reporting and analysis article here: https://www.law.com/americanlawyer/2024/05/17/old-school-expectations-plague-young-lawyer-mental-health-but-not-all-predecessors-are-sympathetic/
Monica Gogna, a partner and head of the financial institutions law group at EY, explains the need to talk to both personal and professional connections about feelings, failures and experiences. Read the full Q&A here: https://loom.ly/nsVAWGM
As law offices transform, two major firms really push the envelope. Read the full story here: https://loom.ly/2G981dE
Video: Colorado passed the first pay transparency law in the country in 2019. Since then, 10 other states have passed similar legislation. A dozen other states have considered transparency legislation since the start of 2023. Read the full story here: https://www.law.com/corpcounsel/2024/05/06/infographic-inside-the-pay-transparency-revolution-state-by-state/
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