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Can a Whistleblower in an Existing Qui Tam Case Add A Co-Whistleblower to the Action?

By Rabin Kammerer Johnson |

In the life cycle of a qui tam case, it is common for a whistleblower (also referred to as a “relator”) to learn that another whistleblower has brought a qui tam action against the same defendant for the same or a substantially similar fraudulent scheme. For the second-filed (or third-filed, and so on) case,… 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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McCaber_Lawyer trap door

One of These Things Doesn’t Belong Here: An LLC Member’s Direct and Derivative Claims Cannot be Joined in the Same Lawsuit

By Rabin Kammerer Johnson |

When litigating cases involving limited liability companies (or LLCs), we often see lawsuits that allege an LLC member’s direct claims together with the member’s derivative claims asserted on behalf of the LLC. Under Florida law, however, it is impermissible for an LLC member to allege both direct and derivative claims within the same lawsuit…. Read More »

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Can Remote Testimony Create a Loophole for Geographic Limits on Non-Party Subpoenas?

By Rabin Kammerer Johnson |

During the COVID-19 pandemic, courts and parties adapted and began utilizing remote means to conduct depositions, hearings, and even trials. The use of remote technology to conduct such proceedings is now widely accepted in litigation and expected to remain useful as the rest of the world returns in person. However, under both the Federal… Read More »

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High-Level Corporate and Government Officers Alike Can Avoid Depositions Unless Necessary

By Rabin Kammerer Johnson |

Florida now offers protection to both high-ranking corporate officers and government officials from litigants’ attempts to conduct their unnecessary depositions. This protection is known as the “apex doctrine.” Under the apex doctrine, an agency or organization can shield high-level officers—or those at the “apex” of the agency or organization—from depositions for which a lower-level… 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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Legal19

HEALTHCARE WITH A SIDE OF HAIRCARE: IMPROPER INCENTIVES TO MEDICARE PATIENTS

By Rabin Kammerer Johnson |

Offering free gifts with purchase is not a new marketing concept. Many businesses use it as an effective tool for customer retention and soliciting new customers. When the customers are paying with government funds, however, free gifts can be a big no-no. Especially when the free gifts offered to Medicare beneficiaries have no relation… 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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