Terry Sanks

My division is hiring attorneys! If you have experience in the areas listed (for example, if you have applied administrative law in the context of an area such as Clean Air Act, Clean Water Act, etc), please consider applying to join our excellent team. The American Law Division conducts sophisticated and fast-paced legal analysis for Congress in a non-litigation setting. The public reports we issue only scratch the surface of our work. #hiring #attorneys #administrativelaw #constitutionallaw #courts #civilprocedure (Any positions, statements, commentary, or views expressed by the author here are solely those of the author in her personal capacity and are not presented as those of the Congressional Research Service or the Library of Congress.)

5

BREAKING NEWS: Judge Tigar grants plaintiffs in Doe 1 v. Github leave to file interlocutory appeal to Ninth Circuit on whether DMCA CMI claims under Section 1202 are limited to identical copies of the plaintiffs works. Opinion in link below: https://lnkd.in/gXYsEvYY Part of the reason: "To this Court’s knowledge no court of appeal has ruled on this issue, and district courts have reached differing conclusions. See, e.g., Anderson v. Stability AI Ltd., No. 23-cv-00201-WHO, 2024 WL 3823234, at *8 (N.D. Cal. Aug. 12, 2024) (finding DMCA Section 1202(b) claims have an identicality requirement); Beijing Meishe Network Tech. Co., Ltd., v. TikTok Inc., No. 23-cv-06012-SI, 2024 WL 3522196, at *9 (N.D. Cal. July 23, 2024) (declining to dismiss on identicality grounds); ADR Int’l Ltd. v. Inst. for Supply Mgmt. Inc., 667 F. Supp. 3d 411, 427 (S.D. Tex. 2023) (“Based on the plain wording of the statute, the Court is not persuaded that the DMCA includes an ‘identical copy’ requirement.”); Kirk Kara Corp v. W. Stone & Metal Corp., No. CV 20-1931-DMG (Ex), 2020 WL 5991503 (C.D. Cal. Aug. 14, 2020) (adopting an “identicality” standard); Oracle Int’l Corp. v. Rimini St., Inc., No. 2:14-cv-01699-MMD-DJA, 2023 WL 4706127, at *82 (D. Nev. July 24, 2023) (“The Court also rejects Rimini’s argument . . . that a work that removes copyright management information must be an exact copy of the original work. This construction of the DMCA would weaken the statute’s intended protections for copy right holders.”). “One of the best indications that there are substantial grounds for disagreement on a question of law is that other courts have, in fact, disagreed.” Rollins v. Dignity Health, No. 13-cv-01450-TEH, 2014 WL 6693891, at *3 (N.D. Cal. Nov. 26, 2014). Given this split in authority the Court finds there are substantial grounds for disagreement on this issue."

34

3 Comments

We are excited to share the latest article that our talented Attorney Serena Fichera, Esq. has written for the Business Law Section of the Florida Bar Don't miss it! 🙌 Giacomo Bossa Brian Barakat Clara Salvai Jocelyne A. Macelloni #LegalInsights #BusinessLaw #FloridaBar #MinorityShareholders #LegalRights #BarakatBossa #AttorneyInsights #ShareholderExits #FloridaLaw #LegalExpert #LawArticles #LegalAdvice #B2B

14

Honored to present to the Professional Fiduciary Council of Florida on spotting issues before acceptance as trustee or personal representative. Teed it up for Sandra Diamond's (The Diamond Law Firm, P.A.) presentation on what to do when you've accepted your fiduciary role. Quick tips from both of us: read the entire governing document and hire a good lawyer to assist! #lawyer #trustlawyer #fiduciarylitigation #mediator #probatelawyer #floridalawyer #speakercircuit

18

1 Comment

Today, the Florida Supreme Court announced additional amendments to the Florida Rules of Civil Procedure. Rule 1.080 now mandates transcripts to be filed in a full, non-condensed format that is word searchable, mirroring the appellate rules. This change will be appreciated by appellate practitioners and courts. Additionally, Rule 1.310 has been revised to include legal entities that can be named as deponents in deposition notices, aligning with the federal rule. Notably, this update also introduces a subdivision necessitating full format deposition transcripts. 🗓️ These amendments go into effect October 1, 2024. #FloridaSupremeCourt #CivilProcedure #LegalUpdates #appellate

46

1 Comment

Today's precedential opinion by the Federal Circuit deals with a party's failure to reserve the right to appeal a § 101 summary judgment when stipulating to the dismissal with prejudice of an infringement action. This is about a plaintiff (Koss Corporation) that asserted a set of three patents against one defendant (Bose Corporation) and a superset of that one against another defendant (Plantronics). What the Fed. Cir. dismissed as moot today was the patentee's appeal of PTAB decisions invalidating those patents further to petitions by Bose. There was no basis for an appeal because the United States District Court for the Northern District of California had invalidated the three patents in the dispute with Plantronics. The Fed. Cir. held that this did away with the patents even vis-à-vis other defendants (here, Bose). The patentee, however, argued that the § 101 decision was made based on the first amended complaint, *not* the second amended complaint that was dismissed, by stipulation, with prejudice. The Fed. Cir. applied 9th Cir. law and said its own law would have led to the same result. While it's true that the summary-judgment decision was not initally appealable, it merged with the final judgment (the stipulated dismissal with prejudice) as all other summary-judgment decisions do. The patentee would have had to ensure that the stipulated dismissal would still allow an appeal of the § 101 invalidation of three patents. But it didn't. Panel: Judges Hughes, Stoll and Cunningham (unanimous decision). The outcome is a win for Bose and its attorneys: Wolf Greenfield's Nathan Speed, Michael Rader and Gregory Nieberg. https://lnkd.in/gcqWtpEm

1

How many attorneys does it take to replace a light bulb? How many can you afford? This joke perfectly illustrates the dynamic of compliance in the ARM industry. There is no formula to determine if you have enough. But what if I told you there's a way to cut through the confusion? Join us for a game-changing webinar, sponsored by Cornerstone Licensing Services, where a panel of experts will reveal their secret recipes for striking the perfect compliance balance. 💡 Discover the strategies that could revolutionize your compliance approach. 💡 Find out how to turn compliance from a necessary evil into a competitive edge. Don't miss this chance to gain insights that could save you a fortune and spare you countless headaches. 📌 How to Know How Much “Compliance” You Need 📅 Tuesday, July 9 @ 1pm ET 🎙 Meet our Speakers: Rozanne M. Andersen, Esq., AARON MACK, and David Weimer Sign up now and start rethinking your compliance game: https://lnkd.in/e-_vM5Aj

5

Hire deposition attorneys instantly with #AppearMe 😎 Full blog is just a click away 🔗 https://bit.ly/3V544C5 #depositionattorney #depositionpreparation #lawyers #deposition #litigation #lawfirm #coverageattorney #legaltech #trialattorney #courtreporter #legalservices #depositionsummaries #depositionreporter

2

ATTORNEYS - The FLEXIBILITY, NEUTRALITY & PROFESSIONALISM of our meeting rooms contribute to effective and efficient depositions. In addition to our "Huddle Room" we also have rooms that seat up to 12 or up to 16 (if necessary) .... all providing your depositions with: 🔸 NEUTRAL GROUND: Being off-site our rooms are less intimidating or seemingly biased than holding the deposition at one party's law firm or office. 🔸 CONVENIENCE: Attorneys love the many conveniences of our location that minimize travel for all participants & overall cost: - Easy Direct Walk-In Access from our attractive courtyard ( ADA compliant) - High-Speed Internet Access, Whiteboard, Projector - Parking Garage next to our building plus up to 2 hour free street parking - Close-By Access to/from major freeways - One Block North of LAX - 20 minute walk 🔸 PROFESSIONAL SETTING: Perfectly suitable for formal legal proceedings with all the necessary amenities of high-speed internet, audio-visual equipment, and comfortable seating. plus on-site management and anything you may need in terms of copies, office supplies, mailing, etc. within a 5 minute walk from our location - Staples, UPS, and more! 🔸 PRIVACY: Will some sensitive discussions be taking place? Holding your deposition off-site helps to ensure that the deposition remains private. 🔸 DISTRACTION-FREE ENVIRONMENT: Our attractive meeting rooms with no windows contribute to maintaining focus and keeping the deposition going forward smoothly. 🔸 AFFORDABILITY: Rental by the hour, at $35.00 per hour for The Huddle Room! See the details for the Huddle Room and all our rooms here: https://lnkd.in/g-JTC_AK #meetingrooms #conferencerooms #hourlyrental #attorneydepositions #deposition #lawyers #offsitemeetings #meetingroomrental #lax #courtreporting

4

The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

8

Last chance to submit your interest for The Florida Bar International Law Section's International Law Quarterly publication! Deadline is TODAY, Oct 18th, to be considered for the Winter 2025 edition. Don't miss this opportunity to publish your work! #ILQ #InternationalLaw #LegalWriting #Publication

5

New legal requirement for LLCs and Corps: FinCen BOI report #boifiling #boireport #boicompliance #boireporting #fincen #beneficialownership #howtofileboi #llcbusiness #llc #llctips #llcbusinessowner #businesstips #businesslawyer #businesshelp #legalcompliance #smallbusiness #smallbusinessowner #smallbiz

5

Under the current version of Florida Rule of Civil Procedure 1.460, the trial court’s decision to grant a trial continuance is left to its sound discretion.  Effective January 1, 2025, the rule has been revised to state that motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. The new version of the rule goes on to state that lack of due diligence in preparing for trial is not grounds to continue the case and that a motion to continue trial must be filed promptly after the appearance of good cause to support such motion. The revised rule also identifies specific information that must be contained in a motion for a trial continuance, including, among other things, the basis for the continuance and when the basis became known to the movant. With these stricter standards approaching, Florida litigators should review their cases to identify those in which trial continuances will be necessary. Filing motions a having them heard before the end of 2024 will ensure that the current more lenient version of the rule is applied.      

10