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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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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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TaxFraud

Tax Fraud Costs the Government up to $1 Trillion Per Year

By Rabin Kammerer Johnson |

On April 9, 2021, the Commissioner of the Internal Revenue Service, Charles Rettig, testified before the Senate Finance Committee regarding the so-called “tax gap,” which represents the shortfall between the amount of taxes that should be paid each year versus the amount actually collected.  Rettig estimated the current the tax gap could be as… Read More »

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Lit3

Medicare Advantage Audit Shows $197 Million in Over-Payments

By Rabin Kammerer Johnson |

In April 2021, the Department of Health and Human Services, Office of Inspector General (HHS-OIG) released a report regarding a Medicare Advantage Compliance Audit of one of the country’s major Medicare Advantage Organizations, Humana, Inc.   The audit covered only one year, 2015, and one particular contract.  The audit selected a random sampling of 200… Read More »

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SecFraud

No, Companies Cannot Prevent You from Reporting Securities Fraud to the Government

By Rabin Kammerer Johnson |

We previously wrote about common types of securities fraud and how to report that fraud. Oftentimes, companies try to prevent employees or others from reporting any securities law violations. A company that makes such attempts, however, is committing a further securities violation. Rule 21F-17 Under the U.S. Securities and Exchange Commission’s (“SEC”) Rules and… Read More »

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