Author Archives: Jay Butchko
What to Do When a Shareholder of A Florida Corporation Files for Dissolution
While there can be an unlimited number of shareholders of any given corporation, all shareholders are not going to have the same opinions, thoughts, or feelings on how the corporation should be run. Inevitably, this may lead to shareholder disputes. If a shareholder so strongly disagrees with how the corporation is being run, there… Read More »
Firm Wins Trial to Enforce Client’s Loan, Defeating Borrower’s Defense of Commercial Frustration
Adam Rabin and Havan Clark represented firm client, Steve Earsley (“Plaintiff”), who recently prevailed at trial in a case styled Steve Earsley v. Joseph A. Petri, Case No. 20-6949, in the Fifteenth Judicial Circuit in Palm Beach County, Florida. Plaintiff was an investor in a privately owned substance abuse treatment center in Palm Beach… Read More »
RKJ is Featured in Law360 After Client Defeats Defendants’ Motions to Dismiss Client’s Retaliation Claim Under the False Claims Act’s Retaliation Provision
RKJ attorneys Adam Rabin and Havan Clark, together with co-counsel Cathleen Scott, recently prevailed in defeating defendants’ motions to dismiss on behalf of their client in a False Claims Act retaliation case filed pursuant to 31 U.S.C.§ 3730(h). After the oral argument, the court wrote a 19-page order denying defendants’ motions, which was featured… Read More »
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 »